TNPSC Group 1 · Indian Polity – Judiciary: Supreme Court – Composition, Powers and Functions; Judicial Review; Writ Jurisdiction; Constitutional Interpretation
Supreme Court and Judicial Review – TNPSC Group 1 Polity MCQ Practice Set
Question 1
Which Article of the Indian Constitution explicitly empowers the Supreme Court to exercise the power of Judicial Review over Central and State legislation?
Answer: A
Article 13 explicitly declares that any law inconsistent with or in derogation of Fundamental Rights shall be void. This article is the primary constitutional basis for Judicial Review in India, empowering courts to strike down laws violating the Constitution. Article 32 gives the right to move the Supreme Court, but Article 13 is the explicit provision for Judicial Review of legislation.
Exam Trick
Remember: Article 13 = ‘Law in conflict = VOID’. It is the bedrock of Judicial Review. Article 32 is the remedy; Article 13 is the power source.
Question 2
The doctrine of ‘Basic Structure’ of the Constitution, which limits Parliament’s amending power, was firmly established in which landmark Supreme Court judgment?
Answer: B
The Basic Structure doctrine was conclusively established in Kesavananda Bharati v. State of Kerala (1973) by a 13-judge bench. The court held that Parliament cannot amend the Constitution so as to destroy its basic structure or essential features. Golaknath case (1967) held Parliament cannot amend Fundamental Rights, but the Basic Structure doctrine per se originates from Kesavananda Bharati.
Exam Trick
Kesavananda = 13 judges = 1973 = Basic Structure. The biggest bench in Supreme Court history gave the most important doctrine. K-13-73-B.
Question 3
Under which Article does the Supreme Court of India have Original Jurisdiction to hear disputes between the Government of India and one or more States?
Answer: A
Article 131 confers Original Jurisdiction on the Supreme Court exclusively in disputes between the Government of India and one or more States, or between two or more States. This is an exclusive jurisdiction — the dispute must involve a question of law or fact on which the existence or extent of a legal right depends. Articles 132-134 deal with Appellate Jurisdiction.
Exam Trick
Article 131 = Original Jurisdiction. Remember ‘131 = ORIGINAL = O comes before A (Appellate)’. States quarrel? Go directly to SC under 131.
Question 4
The Advisory Jurisdiction of the Supreme Court of India is invoked by the President of India under which constitutional provision?
Answer: C
Article 143 empowers the President to refer any question of law or fact of public importance to the Supreme Court for its opinion (Advisory Jurisdiction). However, the Supreme Court’s opinion under Article 143 is advisory and NOT binding on the President. This is unlike the court’s judgments which are binding. Article 141 makes SC law binding on all courts; Article 142 deals with enforcement of SC decrees.
Exam Trick
Article 143 = President ASKS Supreme Court. Think ‘143 = President seeks ADVICE = Advisory’. The opinion is advisory, NOT binding — a key exam point.
Question 5
Which of the following writs is issued by the Supreme Court to a lower court or tribunal ordering it to transfer a case to a higher court or to stop proceeding with a case?
Answer: C
The writ of Prohibition is issued by a superior court (Supreme Court or High Court) to a lower court or tribunal directing it to stop proceedings in a case because it is acting beyond its jurisdiction (excess of jurisdiction) or acting against natural justice. Certiorari is issued to quash an already passed order. Prohibition is preventive (stops proceeding); Certiorari is curative (quashes order). Both deal with jurisdictional excess but at different stages.
Exam Trick
Prohibition = PREVENT/STOP. Think: ‘Prohibition PROHIBITS lower court from continuing.’ Certiorari = CURE after the order. Pro = Before; Certi = After the order is passed.
