1. Which of the following cases made the decision of Presiding officer regarding disqualification on ground of defection subject to judicial review?
a) R. Bommai case
b) Kihoto Hollohan case
c) Raj Narain case
d) Ravi Naik case
2. Consider the following statements about Digi locker:
1. It is linked to the Aadhar number of the user.
2. The e-Sign facility is also provided under it and it can be used to digitally sign e- documents.
3. Digital Locker has an initial storage of 100MB in the first phase.
Which of the above statements is/are correct?
a) 1 only
b) 2 only
c) 1 and 2 only
d) 2 and 3 only
3. Which of the following statements is correct about the seat of the Supreme Court?
a) Constitution has left it up to the Chief Justice of India to decide.
b) Constitution has left it up to the President to decide.
c) Constitution has left it up to the Parliament to decide.
d) Constitution has declared Delhi as the seat of the Supreme Court.
4. The judiciary is empowered to issue various writs. Consider the following statements in this regard and mark the correct ones
1. Supreme Court has original jurisdiction to issue writs for the enforcement of the Fundamental Rights.
2. Writ jurisdiction of high court is wider than that of the Supreme Court.
a) 1 only
b) 2 only
c) Both of the above
d) None of the above
5. Article 280 of the Constitution of India provides for a Finance Commission as a quasi judicial body. Which of the following statements are correct about it.
1. It is constituted by the President every fifth year and it consists of total of 5 members.
2. The chairman should be an ex Chief Justice of India.
3. Recommendations made by the Commission are only of advisory nature and not binding on the government.
a) 1 only
b) 1 and 2 only
c) 1 and 3 only
d) 2 and 3 only
ANSWERS & EXPLANATIONS
Explanation: The anti-defection law as made by the 52nd amendment in 1985 initially stated that the decision of the Presiding Ofﬁcer is not subject to judicial review. This condition was struck down by the Supreme Court in (Kihoto Hallahan case) 1992, thereby allowing appeals against the Presiding Ofﬁcer’s decision in the High Court and Supreme Court
Explanation: Statements 1 and 2 are correct. Statement 3 is incorrect. Digi Locker offers a dedicated personal storage space, linked to each resident’s Aadhaar number. Digi Locker can be used to securely store e-documents as well as store Uniform Resource Identiﬁer (URI) link of e-documents issued by various issuer departments. The e-Sign facility provided as part of Digi Locker system can be used to digitally sign e-documents. The Digi Locker can be accessible via web portal or mobile application. Digital Locker will have an initial storage of 10MB in the ﬁrst phase. It is expected to be stretched to 1 GB in its next version.
Explanation: The Constitution declares Delhi as the seat of the Supreme Court. But, it also authorises the chief justice of India to appoint other place or places as seat of the Supreme Court. He can take decision in this regard only with the approval of the President. This provision is only optional and not compulsory. This means that no court can give any direction either to the President or to the Chief Justice to appoint any other place as a seat of the Supreme Court.
4. Answer: C
Explanation: The Supreme Court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo-warranto and certification
for the enforcement of the fundamental rights of an aggrieved citizen. In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can directly go to the Supreme Court, not necessarily by way of appeal. However, the writ jurisdiction of the Supreme Court is not exclusive. The Supreme Court can issue writs only for the enforcement of the Fundamental Rights and not for other purposes. The high court, on the other hand, can issue writs not only for the enforcement of the fundamental rights but also for other purposes. It means that the writ jurisdiction of the high court is wider than that of the Supreme Court.
Explanation: Statements 1 and 3 are correct. Statement 2 is incorrect. Article 280 of the Constitution of India provides for a Finance Commission as a quasi judicial body. It is constituted by the President every fifth year and it consists of total of 5 members. The chairman should be a person having experience in public affairs and the four other members should be selected from among the following:
- A judge of high court or one qualified to be appointed as one.
- A person who has specialised knowledge of finance and accounts of the government.
- A person who has wide experience in financial matters and in administration.
- A person who has special knowledge of economics.
The recommendations made by the Finance Commission are only of advisory nature and hence, not binding on the government. It is up to the Union government t implement its recommendations ongranting money to the states.