The Minimum Number of Judges to Sit on the Constitutional Bench Or a Bench Which Gives Its Advisory Opinion on a Reference by the President Must Be - Legal Reasoning


The minimum number of judges to sit on the constitutional bench or a bench which gives its advisory opinion on a reference by the President must be


  • One-third of the total strength of the Court 

  • 3

  • 7

  • 5




Concept: Indian Constitution (Entrance Exams)
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In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess. 
A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate.
C. The fundamental right to freedom of association does not extend to the right to realise the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.

Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monitul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Sangh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals. If Parliament enacts a legislation prohibiting strikes by trade unions of employees engaged in pharmaceutical industry, then:

Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.

For proper functioning of democracy it is essential that citizens are kept informed about news from various parts of the country and even abroad, because only then can they form rational opinions. A citizen surely cannot be expected personally to gather news to enable him or her to form such opinions. Hence, the media play an important role in a democracy and serve as an agency of the people to gather news for them. It is for this reason that freedom of the press has been emphasized in all democratic countries, while it was not permitted in feudal or totalitarian regimes.

In India, the media have played a historical role in providing information to people about social and economic evils. Also, sometimes the media present twisted or distorted news that may contain an element of truth but also an element of untruth.

Recently, Media comments on pending cases, especially on criminal cases where the life or liberty of a citizen is involved, are a delicate issue and should be carefully considered. After all, judges are human beings too, and sometimes it may be difficult for them not to be influenced by such news. This, too, should be avoided because a half-truth can be more dangerous than a total lie. The media should avoid giving any slant to news, and avoid sensationalism and yellow journalism. Only then will they gain the respect of the people and fulfill their true role in a democracy.

The British law is that when a case is sub judice, no comment can be made on it, whereas U.S. law permits such comment. In India we may have to take an intermediate view on this issue: while on the one hand we have a written Constitution that guarantees freedom of speech in Article 19(1)(a) - which the unwritten British Constitution does not - the life and liberty of a citizen is a fundamental right guaranteed by Article 21 and should not lightly be jeopardized. Hence, a balanced view has to be taken on this.

Therefore, the media have a great responsibility also to see that the news they present is accurate and serve the interest of the people. If the media convey false news that may harm the reputation of a person or a section of society, it may do great damage since reputation is a valuable asset for a person. Even if the media subsequently correct a statement, the damage done may be irreparable. Hence, the media should take care to carefully investigate any news item before reporting it.

Suppose a Supreme Court Judge, Justice Mike, sues Future Now for mistakenly displaying his photograph in a report about a person (with a phonetically similar sounding name) allegedly involved in the multi-crore Provident Fund scam.

As per Indian Protocol, who among the following ranks highest in the order of precedence?

The principle is to be applied to the given facts and to choose the most appropriate option:

Principle: The Constitution of India guarantees certain fundamental rights to its citizens. The Constitution also provides that these rights cannot be taken away by state even by law. For violation of this, the person adversely affected by the law may approach the High Court or the Supreme Court for the issuance of an appropriate writ. One of these rights includes the freedom to form association that implies the right to join an association or not to joins such an association.

Facts: Owing to some industrial disturbances created by XATU, one of the several trade unions in AB Chemicals (Pvt) Ltd., the Company issued a circular to all its employees that as far as possible the employees may disassociate with XATU. Navin is an employee of AB Chemicals and the current General Secretary of XATU. Aggrieved by this circular, which affected the fundamental rights of his and other members of the Union, approaches the High Court of the state for relief. Identify the most reasonable legal proposition.

The law which provides special powers to the Armed Forces in India is popularly known as:

What does FIR stand for under the Criminal Law?

Given below is the statement of Legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: Any institution or body can be a 'State' if it is created under the constitution or a statute, or if it is substantially financed by the Government, or the Government holds its share capital.
FACTUAL STRUCTURAL: K approached the High court by filing a writ petition against the Board for Control of Cricket in India( BCCI). The argument advanced was that BCCI is a 'State, within the meaning of Article 12 of the constitution of India. The question is whether the argument is acceptable?

Who of the following was the first Governor-General of the new Dominion of India?

Which of the following consisting in Part IV A of the Constitution?

Which of the following has the power to decide on the question as to disqualifications of members of the Parliament?

Whose decision is final in the proceeding of the Lok Sabha?

Who among the following appoints the Chief Justice of India?

Which article of the Constitution of India provides the procedure for removal of the Judges Enquiry Act, 1968?

In the question given below are two statements labelled as Assertion (A) and Reason (R). In the context of the two statements, which of the following is correct?
Assertion (A): Special leave petition is the prerogative of Supreme Court only.
Reason (R): Special leave petition involves the substantive question of law is involved.

Who among the following undertakes the special Audit at the request of the government? 

Which of the following constitutions is a unitary constitution?

Scheduled Tribe status is

Which of the following has not been a woman judge of the Supreme Court of India, till 2009?

Which one of the following is not correct?

In India, Uniform Civil Code is applicable in the State of:


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