1. Who among the following acts as a guardian of the Constitution of India?
A. Juvenile Justice Board
B. District Court
C. Supreme Court
D. High Court
Solution
The correct answer is Supreme Court.
Key Points
- Supreme Court is known as the Guardian of our Constitution.
- Supreme Court at the apex of the Indian Judiciary is the highest authority to uphold the Constitution of India, to protect the rights and liberties of the citizens, and to uphold the values of rule of law.
- The Indian Constitution provides for a provision of the Supreme Court under Part V (The Union) and Chapter 6 titled ‘The Union Judiciary’.
- The Constitution of India has provided an independent judiciary with a hierarchical setup containing High Courts and Subordinate Courts under it.
Additional Information
- India is a federal State having a single and unified judicial system with a three-tier structure, i.e., Supreme Court, High Courts and Subordinate Courts.
- The Indian Constitution under Article 124(1) states that there shall be a Supreme Court of India consisting of a Chief Justice of India (CJI) and 34 judges, including the CJI.
- The Jurisdiction of the Supreme Court of India can broadly be categorised into original jurisdiction, appellate jurisdiction and advisory jurisdiction.
2. Which Article of the Indian Constitution mentions that there shall be a Supreme Court of India?
A. Article 123
B. Article 121
C. Article 122
D. Article 124
Solution
The correct answer is Article 124
Key Points
- Article 124 of the Indian Constitution states that there shall be a Supreme Court of India.
- The Supreme Court is the highest judicial court and the final court of appeal under the Constitution of India.
- It has extensive powers in the form of original, appellate, and advisory jurisdictions.
- The Supreme Court also has the power to interpret the Constitution and has the authority for judicial review to ensure the protection of fundamental rights.
- The Chief Justice of India heads the Supreme Court, along with other judges as prescribed by Parliament.
Additional Information
- The Supreme Court was established on January 28, 1950, two days after India became a Republic.
- It succeeded the Federal Court of India, which was established under the Government of India Act 1935.
- The Supreme Court has the power to transfer cases from one High Court to another and also from one subordinate court to another.
- It can also issue writs for the enforcement of fundamental rights.
- The judges of the Supreme Court are appointed by the President of India.
- The retirement age for Supreme Court judges is 65 years.
3. A Judge of the Supreme Court may resign his office by writing to:
A. The President
B. The Prime Minister
C. The Law Minister
D. The Attorney General of India
Solution
The correct answer is The President.
Key Points
- Supreme Court provisions are mentioned in Part V of the constitution under Articles 124 to 147.
- The Judges of the Supreme court are appointed by President.
- The CJI is appointed by President after consultation with such judges of SC and HC as he deems necessary.
- A Judge of the Supreme Court may resign his office by writing to President.
- Qualification of SC Judges-
- He should be a citizen of India
- He should have been a judge of HC for five years, or He should have been an advocate of an HC for 10 years or He should be a distinguished jurist in the opinion of the President.
- He can be removed from his office by President on the recommendation of Parliament.
- Article 61 provides for the procedure of Impeachment of the President of India.
Important Points
- Article 124– Establishment and Constitution of SC
- Article 126-Acting Chief Justice
- Article 127-Ad Hoc Judges
- Article129 – SC to be a court of record
- Article 147– Interpretation of Constitution
4. Which of the following is responsible for the protection and enforcement of Fundamental Rights in India?
A. Supreme Court of India
B. Union Public Service Commission (UPSC)
C. Election Commission of India
D. National Human Rights Commission (NHRC)
Solution
The correct answer is Supreme Court of India
Key Points
- The Supreme Court of India is responsible for protecting and enforcing fundamental rights in India.
- The Supreme Court has the power to enforce fundamental rights against private bodies.
- The Supreme Court can issue orders, directions, or writs to enforce fundamental rights.
- The Supreme Court can award compensation to affected individuals.
- The Supreme Court can exercise jurisdiction suo motu or on the basis of public interest litigation.
Additional Information
- The Supreme Court of India, which is located on Tilak Marg in New Delhi, was established on January 26, 1950.
- It took the place of both the Federal Court of India and the Privy Council’s Judicial Committee, which were at the time the highest courts in India.
- However, the first hearings and inauguration were held on January 28, 1950, at 9:45 a.m., when the judges took their seats. As a result, the date of establishment is considered official.
- The Supreme Court of India is India’s top court and the highest judicial authority.
- It is the highest-ranking constitutional court with judicial review authority.
- The Supreme Court of India, which has a maximum of 34 judges and vast powers in the form of original, appellate, and advisory jurisdictions, is led by the Chief Justice of India.
- As India’s supreme constitutional court, it hears appeals mostly from high courts in various states of the Union, as well as other courts and tribunals.
5. Which Article of the Indian Constitution permits the Supreme Court to review its judgement or order?
A. Article 137
B. Article 138
C. Article 132
D. Article 135
Solution
The correct answer is Article 137.
Key Points
- Article 137 of the Indian Constitution empowers the Supreme Court to review its judgments or orders.
- This provision allows the Supreme Court to correct any errors or injustices that may have occurred in its previous decisions.
- The power of review is inherent in the Supreme Court’s role as the highest court of the land, ensuring the administration of justice.
- Review petitions are typically heard by the same bench that delivered the original judgment, although exceptions can be made in certain circumstances.
Additional Information
- Article 136: This article grants the Supreme Court the discretionary power to grant special leave to appeal against any judgment or order passed by any court or tribunal in India.
- Article 32: This article provides the right to constitutional remedies, allowing individuals to move the Supreme Court for the enforcement of their fundamental rights.
- Article 141: According to this article, the law declared by the Supreme Court shall be binding on all courts within the territory of India.
- Article 145: This article empowers the Supreme Court to make rules for regulating its practice and procedure, including guidelines for review petitions.
- Review Petition: A review petition is a legal device that allows an aggrieved party to seek a re-examination of the Supreme Court’s judgment, typically on the grounds of a manifest error, new evidence, or other substantial grounds.
6. The three-tier system of local government does NOT include the _________.
A. Panchayat Samiti
B. Village Committee
C. Gram Panchayat
D. Zila Parishad
Solution
The correct answer is Village Committee.
Key Points
- The Balwant Rai Mehta Committee was a committee originally appointed by the Government of India to examine the working of the Community Development Programme and the National Extension Service.
- The committee was formed on 16th January 1957.
- Balwant Rai Mehta was the Chairman of this committee.
- The establishment of a 3-tier Panchayati Raj system is one of the main recommendations of this committee.
- The 3-tier system recommended by this committee is:
- Gram Panchayat at the village level.
- Panchayat Samiti at the block level.
- Zila Parishad at the district level.
Additional Information
Other important recommendations of the Balwant Rai Mehta Committee are:
- The Panchayat Samiti should be the executive body while the Zila Parishad should be the advisory, coordinating, and supervisory body.
- The District Collector should be the Chairman of the Zila Parishad.
7. To whom the grant in aid for Panchayati Raj Institutions received from Finance Commission has to be released?
A. Zila Parishad
B. Panchayat Samiti
C. Gram Panchayat
D. Collector
Solution
The correct option is Gram Panchayat.
Key Points
- The devolution grant shall be distributed to Village Panchayats, Panchayat Unions, and District Panchayats in the ratio of 60:32:8 respectively as recommended by the Third State Finance Commission.
- A minimum grant of Rs.3 lakhs to each Village Panchayat shall be provided as a measure of equalization, the balance amount shall be distributed based on population.
- The devolution grant shall be distributed within each tier of rural and urban local bodies based on the 2011 population.
Important Points
- Every Panchayat has the right to receive grant-in-aid from the State Fund based on the recommendation made by the State Finance Commission.
- On the recommendation of the State Finance Commission, the Gram Panchayat, Panchayat Samiti and Zilla Parishad can collect tax/fees as per the direction of the government.
- Gram Panchayat, Panchayat Samiti and Zilla Parishad respectively constitute Gram Panchayat Fund in the name of Gram Panchayat, Panchayat Samiti Fund in the name of Panchayat Samiti and Zilla Parishad Fund in the name of Council, and deposit their funds in the deposit accounts.
- The Assigned/Shared revenues are one which is collected by State Government but transferred/shared to/with local bodies.
- The major sources of assigned/shared revenues to the rural local bodies are Local Cess, Local Cess Surcharge, Surcharge on Stamp duty, Entertainment tax, seigniorage fees, and lease amount of mines and minerals, and sale proceeds of Social Forestry plantations.
Additional Information
- Finance Commission:
- Finance Commission is a constitutional body under Article 280 created every five years to recommend the transfer of financial resources from the Centre to the States.
- The Commission also decides the principles on which grants-in-aid will be given to the States.
- The 15th FC was constituted on November 27, 2017, and is headed by Mr. N.K. Singh.
- State Finance Commissions:
- It is an institution created by the 73rd and 74th Constitutional Amendments to rationalize and systematize State/sub-State-level fiscal relations in India.
- Article 243I of the Constitution mandated the State Governor to constitute a Finance Commission every five years.
- Article 243Y of the Constitution states that the Finance Commission constituted under article 243I shall also review the financial position of the Municipalities and make recommendations to the Governor.
8. Which of the following Amendments to Constitution of India grants a Constitutional status to ‘Panchayati Raj System’?
A. 71 st Amendment
B. 72 nd Amendment
C. 73 rd Amendment
D. 75 th Amendment
Solution
The correct answer is the 73 rd Amendment.
- The Parliament passed the 73rd Constitutional Amendment Act to grant the Panchayati Raj Institutions in India a legislative status by adding Article 243 and Part IX of the Indian Constitution.
- Pursuant to Article 243, the Act was imposed on all state governments to amend their Panchayat Laws in compliance with the Constitutional provisions.
Key Points
- The act was passed in 1993 to give constitutional status to the Panchayati Raj Institutions in India and is an important step in the decentralization of power and promotion of local self-government.
- Panchayati Raj system is a local self-governance system, with constitutional recognition, in villages. In this system, the Gram Panchayat is the basic unit of local administration.
- It is a 3 tier system comprising:
- Gram Panchayat at the village level.
- Panchayat Samiti at the block level.
- Zila Parishad at the District level.
Additional Information
- The 72nd Amendment in the Constitution of India Statement of Objects and Reasons appended to the Constitution (Seventy-Second Amendment) Bill, 1991 (Bill No. 209 of 1991) For restoring peace and harmony in the areas of the State of Tripura where disturbed conditions prevailed, a Memorandum of Settlement was signed by the Government of India with Tripura National Volunteers on 12-8-1988.
- The 7lSt Amendment Of The Constitution Of India, Officially Known As The Constitution (seventy-first Amendment) Act, 1992, amended the Eighth Schedule to the Constitution so as to include Konkani, Meitei (Manipuri), and Nepali languages, thereby raising the total number of languages listed in the schedule to eighteen.
- 75th Amendment in the Constitution of India THE CONSTITUTION (SEVENTY-FIFTH AMENDMENT) ACT, 1993. It provides for the setting up of State-level Rent Tribunals to exclude the jurisdiction of all courts, except that of the Supreme Court, under Article 136 of the Constitution.
9. Which among the following is the first state in India to have the Panchayati Raj system?
A. Madhya Pradesh
B. Rajasthan
C. West Bengal
D. Uttar Pradesh
Solution
- The Panchayati Raj System is described in Part IX of the Indian Constitution.
- Rajasthan is the first state where this system was first implemented in 1959 in Nagaur District.
- Later, it also became the first state to have this system placed in all the districts of the state.
- The 73rd Amendment 1992 is associated with this system in India.
10. Who authorizes the Panchayat to impose taxes?
A. Governor
B. State Legislature
C. State Government
D. Sarpanch
Solution
The correct answer is State Legislature.
Key Points
- The State Legislature can authorize the Panchayat to impose taxes.
- Article 243 (H) of the Indian Constitution deals with the ‘Powers of imposing taxes by the Panchayats and their funds’.
- Provisions of Article 243 (H):
- The Legislature of a State may, by law
- Authorize a Panchayat to levy, collect and appropriate such taxes, fees, tolls, and fees, following such procedure and subject to such restrictions.
- Assign such taxes, fees, tolls, and fees levied and collected by the State Government to a Panchayat for such purposes and subject to such conditions and restrictions.
- Provide for the grant of such grant-in-aid to the Panchayats out of the Consolidated Fund of the State.
- To constitute such funds to deposit all the funds received by or on behalf of the Panchayats respectively and may also provide for the withdrawal of such funds from those funds as may be specified in the law.
- The Legislature of a State may, by law
Additional Information
- The 73rd Constitutional Amendment Act was passed in April 1992.
- This act has added Part IX to the Indian Constitution.
- It contains Article 243 – 243 (O).
- It has also added the 11th Schedule containing 29 Subjects.
- The Panchayat Raj system was first adopted by the state of Rajasthan in Nagaur district .
- Madhya Pradesh is the first state to implement a full-fledged Panchayati Raj System according to the 73rd Constitutional Amendment Act, 1992.
- Madhya Panchayati Raj Act came into force on 25th January 1994.
