Multiple-choice questions (MCQs) with answers on “Judicial Review and Judicial Activism in India” designed for Civil Services Examination

1. What is Judicial Review in India?

• a) Review of laws by the judiciary
• b) Review of executive actions by the legislature
• c) Review of parliamentary procedures
• d) Review of election laws
• Answer: a) Review of laws by the judiciary

2. Which part of the Indian Constitution explicitly provides for Judicial Review?

• a) Preamble
• b) Part III and Part IV
• c) Article 368
• d) None of the above
• Answer: b) Part III and Part IV

3. Which Article empowers the Supreme Court for Judicial Review?

• a) Article 32
• b) Article 13
• c) Article 226
• d) Article 136
• Answer: b) Article 13

4. Judicial Review in India is based on which of the following doctrines?

• a) Rule of Law
• b) Doctrine of Precedent
• c) Doctrine of Basic Structure
• d) Doctrine of Separation of Powers
• Answer: c) Doctrine of Basic Structure

5. The landmark case which established the concept of Judicial Review in India was:

• a) Minerva Mills Case
• b) Golaknath Case
• c) Kesavananda Bharati Case
• d) Shankari Prasad Case
• Answer: c) Kesavananda Bharati Case

6. Judicial Activism refers to:

• a) Strict interpretation of the Constitution
• b) The judiciary actively interpreting laws to fill gaps in legislation
• c) Passing new laws by the judiciary
• d) Limiting the power of executive action
• Answer: b) The judiciary actively interpreting laws to fill gaps in legislation

7. Public Interest Litigation (PIL) is associated with:

• a) Judicial Activism
• b) Judicial Review
• c) Executive Powers
• d) Legislature’s Role
• Answer: a) Judicial Activism

8. Which of the following is the first PIL case in India?

• a) Hussainara Khatoon v. State of Bihar
• b) Kesavananda Bharati v. State of Kerala
• c) S.P. Gupta v. Union of India
• d) Minerva Mills v. Union of India
• Answer: a) Hussainara Khatoon v. State of Bihar

9. Which Article provides for PIL under Judicial Activism?

• a) Article 32
• b) Article 136
• c) Article 226
• d) Both a) and c)
• Answer: d) Both a) and c)

10. Which doctrine was introduced by the Supreme Court in the case of Kesavananda Bharati?

• a) Doctrine of Severability
• b) Doctrine of Basic Structure
• c) Doctrine of Eclipse
• d) Doctrine of Lapse
• Answer: b) Doctrine of Basic Structure

11. Which of the following is NOT considered a form of Judicial Activism?

• a) Judicial restraint
• b) Judicial overreach
• c) Suo moto actions
• d) Issuing guidelines in absence of legislation
• Answer: a) Judicial restraint

12. In which case did the Supreme Court emphasize that Judicial Review is a basic feature of the Constitution?

• a) Maneka Gandhi Case
• b) S.R. Bommai Case
• c) L. Chandra Kumar Case
• d) Vishakha Case
• Answer: c) L. Chandra Kumar Case

13. The power of Judicial Review was originally borrowed from the Constitution of:

• a) United Kingdom
• b) Canada
• c) United States of America
• d) Australia
• Answer: c) United States of America

14. The concept of Judicial Activism in India can be traced back to which Chief Justice?

• a) M. Hidayatullah
• b) P.N. Bhagwati
• c) A.S. Anand
• d) K.G. Balakrishnan
• Answer: b) P.N. Bhagwati

15. Which of the following is an example of Judicial Overreach?

• a) Striking down unconstitutional laws
• b) Amending laws passed by Parliament
• c) Guiding government policy
• d) Correcting executive lapses
• Answer: b) Amending laws passed by Parliament

16. Which of the following cases is associated with Judicial Activism concerning environmental protection?

• a) Vishakha v. State of Rajasthan
• b) M.C. Mehta v. Union of India
• c) Kesavananda Bharati v. State of Kerala
• d) ADM Jabalpur v. Shivkant Shukla
• Answer: b) M.C. Mehta v. Union of India

17. Which of the following doctrines helps in preserving the fundamental rights of individuals through Judicial Review?

• a) Doctrine of Severability
• b) Doctrine of Prospective Overruling
• c) Doctrine of Colourable Legislation
• d) Doctrine of Pith and Substance
• Answer: a) Doctrine of Severability

18. The ‘Basic Structure Doctrine’ limits which power of the Parliament?

• a) Judicial Powers
• b) Legislative Powers
• c) Power to amend the Constitution
• d) Power to impeach the President
• Answer: c) Power to amend the Constitution

19. The Supreme Court’s judgment in the Vishakha Case is an example of:

• a) Judicial Review
• b) Judicial Restraint
• c) Judicial Activism
• d) Doctrine of Precedent
• Answer: c) Judicial Activism

20. Which of the following is a criticism of Judicial Activism?

• a) It promotes checks and balances
• b) It helps protect fundamental rights
• c) It infringes on the powers of the legislature and executive
• d) It promotes rule of law
• Answer: c) It infringes on the powers of the legislature and executive

21. Which Article provides the power of Judicial Review to High Courts?

• a) Article 12
• b) Article 226
• c) Article 356
• d) Article 262
• Answer: b) Article 226

22. Which is a key difference between Judicial Review and Judicial Activism?

• a) Judicial Review is pro-legislature; Judicial Activism is pro-judiciary
• b) Judicial Review is the court’s ability to examine laws; Judicial Activism is proactive policy intervention
• c) Judicial Review focuses on policy making; Judicial Activism focuses on correcting laws
• d) Judicial Review is activism through the law; Judicial Activism is legislative empowerment
• Answer: b) Judicial Review is the court’s ability to examine laws; Judicial Activism is proactive policy intervention

23. The Supreme Court’s order in the Vishakha guidelines led to:

• a) Provisions against human trafficking
• b) Legislation on sexual harassment at the workplace
• c) Legal reforms for protecting the environment
• d) Expansion of reservation policies
• Answer: b) Legislation on sexual harassment at the workplace

24. In which case did the Supreme Court invalidate the 39th Amendment under Judicial Review?

• a) Golaknath Case
• b) Indira Nehru Gandhi v. Raj Narain
• c) Kesavananda Bharati Case
• d) Minerva Mills Case
• Answer: b) Indira Nehru Gandhi v. Raj Narain

25. What is the primary objective of Judicial Activism?

• a) Protect executive authority
• b) Preserve individual rights and promote social justice
• c) Enforce parliamentary sovereignty
• d) Maintain fiscal discipline in the government
• Answer: b) Preserve individual rights and promote social justice

26. Which case is an example of the judiciary reviewing the validity of constitutional amendments?

• a) Kesavananda Bharati Case
• b) A.K. Gopalan Case
• c) Maneka Gandhi Case
• d) Shankari Prasad Case
• Answer: a) Kesavananda Bharati Case

27. Judicial Review is based on the principle of:

• a) Independence of judiciary
• b) Rule of Law
• c) Constitutional Supremacy
• d) Federalism
• Answer: c) Constitutional Supremacy

28. Which of the following cases led to the introduction of the ‘due process of law’ principle in Indian jurisprudence?

• a) Golaknath Case
• b) Maneka Gandhi Case
• c) S.R. Bommai Case
• d) Minerva Mills Case
• Answer: b) Maneka Gandhi Case

29. Judicial Activism is often associated with which type of court intervention?

• a) Policy formulation
• b) Interpretation of existing laws
• c) Striking down policies
• d) Advising the executive branch
• Answer: b) Interpretation of existing laws

30. The ‘Doctrine of Eclipse’ in Judicial Review pertains to:

• a) Protection of minority rights
• b) Temporary unconstitutionality of laws
• c) International law considerations
• d) Preventing misuse of executive powers
• Answer: b) Temporary unconstitutionality of laws

These questions cover various aspects of Judicial Review and Judicial Activism in India, which are important topics in Civil Services Examination preparation.