UPSC Prelims PYQ › Polity › Judiciary

Judiciary — UPSC Prelims Polity previous year questions — page 4

201 solved previous year questions on Judiciary, papers from 1995 to 2023, drawn from UPPCS, UPSC CSE Prelims, UPSC CDS. Each carries the printed answer key and the explanation from the source compilation.

1. #121Practice set
   Consider the following statements regarding the mles of functioning of the Supreme Court of India: 1. The Constitution provides that the Supreme Court can give judgment only with the concurrence of a majority of Judges hearing the case. 2. The Constitution provides for a hearing by at least 7 judges in any case involving substantial question of law as to the interpretation of the Constitution.Which of the. statements given above is/ are correct?
   • A1 only
   • B2 only
   • CBoth 1 and 2
   • DNeither 1 nor 2
   Answer: (A) 1 only
   Explanation

   Option a is the correct 145 deals with the various provisions regarding of functioning of the Supreme l is correct: Article expressly No judgment and no such opinion shall be the Supreme Court save with the concurrence of of the Judges present at the hearing of the 2 is incorrect: In the matters involving question of law as to the interpretation of minimum 5 number of judges are sit for the purpose of deciding the case

2. #122Practice set
   Which of the following safeguards are provided in the Constitution of India to protect the independence of the Supreme Court and its judges? 1. Prohibition on practice after retirement. 2. Appointment of the senior-most Judge as the Chief Justice. 3. Parliament is not authorized to curtail the jurisdiction of Supreme Court. 4. The salaries of the Judges as well as administrative expenses of the Court are charged on the Consolidated Fund of India.Choose the correct answer from the codes given below: Practiceb o o k
   • A1, 2 and 3 only
   • B2 and 3 only
   • C1, 3 and 4 only
   • D3 and 4 only
   Answer: (C) 1, 3 and 4 only
   Explanation

   Option c is the correct answer. Option l is correct: The Supreme Court Judges are to practice (plead or act) in any court or authority within the territory of India. This judges do not extend any favor in lieu of some It should be noted that in future judges can Office of the President or Governor or Member 2 is incorrect: The Constitution does not for the appointment of the senior-most Judge as Justice. The process of appointing senior-most the Chief Justice has been established by 3 is correct: Parliament is not authorized to jurisdiction of the Supreme Court. As per Parliament can, however, increase the the Supreme Court. This protects the autonomy of Court with respect to matters falling within 4 is correct: The salaries, pensions and the Judgest of the Supreme Court are charged on Fund of India. Also, the of Supreme Court are charged on the of India. This is to ensure autonomy of th

3. #123Practice set
   Consider the following statements regarding the Supreme Court's jurisdiction in the matters pertaining to 'special leave to appeal' under Article 136 of the Constitution: I. The special leave to appeal can be granted only against the order passed by a tribunal constituted under any law relating to the armed forces. 2. It is a discretionary power of the Supreme Court. 3. It can be granted in the cases of violation of the principle of natural justice.How many of the above given statements are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (B) Only two
   Explanation

   Option bis the correct l is incorrect: According to Article 136 of special leave to appeal cannot be the orders made by any court or under any law relating to the armed 2 is correct: Article 136 itself mentions that it the discretion of the Supreme Court as to whether or leave be 3 is correct: Special leave to appeal can be the following grounds: If there is a violation of the principle of natural justice (Hence, statement 3 is correct). If substantial injustice has been done by any court or tribunal (except military courts or tribunals) If there is a disregard to the legal procedures by any court or tribunal (except military courts or tribunals) Important Tips Curative Petition The concept of the curative petition was first evolved by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and another case (2002) on the question whether an aggrieved person is entitled to any reli

4. #124Practice set
   Consider the following statements: 1. The National Judicial Appointments Commission (NJAC) Act was declared unconstitutional by the Supreme Court as it violated the basic structure of the Constitution. 2. The Supreme Court upheld the primacy of the collegium system following the NJAC judgement. 3. The collegium was expanded to a five member body of the Supreme Court in the Third Judges case.How many of the above given statements are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (C) All three
   Explanation

   Option c is the correct Fourth Judges Case (2015) related to 99th Act of 2014 and the National Commission Act of l is correct: In the Fourth Judges Case (2015), Court declared the National Judicial (NJAC) Act as unconstitutional and Court held the Act encroached upon the and undermined the basic 2 is correct: The Supreme Court upheld of the collegium system of appointment The court held that NJAC gave the powers to appoint judges which would affect of the 3 is correct: In Third Judges Case (1998), Court expanded the collegium to a to include the CJI and the four senior-most judges court after the CJI

5. #125Practice set
   Which of the following actions will most likely fall in the category of 'Contempt of Court'?
   • AComment on the administrative side of the judiciary
   • BAn act that prejudices the due course of a judicial proceeding
   • CCriticism of the judicial acts in any manner
   • DReporting judicial proceedings without the permission of the Court. High Courts
   Answer: (B) An act that prejudices the due course of a judicial proceeding
   Explanation

   Option b is the correct term 'Contempt of Court' has not been defined by However, it has been defined by the Court Act of the Supreme Court and the have the power to punish for contempt of court. Civil Contempt is the willful disobedience of any judgement, order, writ or other process of a court or willful breach of an undertaking given to a court. Criminal Contempt is the publication of any matter or doing an act which: Scandalises or lowers the authority of a court or Prejudices or interferes with the due course of a judicial proceeding; or (Hence, Option b is correct) Interferes or obstructs the administration of justice in any other manner. Important Tips However, the following are 'not' considered 'Contempt of Court': Innocent publication and distribution of some matter; Fair and accurate report of judicial proceedings. Fair and reasonable criticism of judicial acts; and Comment on

6. #126Practice set
   Consider the following statements with respect to collegium system based judicial appointments and transfer processes: 1. The collegium system works on the principle of consensus. 2. Recently, Supreme Court has set a time limit to process the names for the appointments of High Court Judges.Which of the statements given above is/are correct?
   • A1 only
   • B2 only
   • CBoth 1 and 2
   • DNeither 1 nor 2
   Answer: (B) 2 only
   Explanation

   Option b is the correct 1 is incorrect. The sole opinion of the of India does not constitute the consultation process. should consult a collegium of four senior most judges Supreme Court and even if two judges give an he should not send the recommendation to Hence, we can conclude collegium system work on the principle of 2 is correct. The Supreme court, for the indicated an outer time limit within which the expected to process the names for appointments of court judges, besides notifying appointments once are reiterated by its collegium. The Supreme altered the Memorandum of Procedure a judicial order, and said the government must the names recommended for appointment within

7. #127Practice set
   What is meant by the term Judicial Federalism?
   • AA judicial system in which Supreme Court has the power to supervise Subordinate Courts
   • BA judicial system with a federal court that can transfer cases at its discretion from subordinate court to itself
   • CA judicial system where the Federal court and the state High Court are equal in powers and jurisdictional supremacy
   • DA judicial system where both the Federal Court and State High Courts can pronounce judgements on all matters
   Answer: (C) A judicial system where the Federal court and the state High Court are equal in powers and jurisdictional supremacy
   Explanation

   Option c is the correct c is correct: A Judicial System with Central and State level, each being supreme in its sphere is a core feature of Important Tips In Integrated Judiciary there is a unified system of Courts with the Supreme Court at top supervising High Courts in states. The High Courts in turn supervise a chain of subordinate Courts at District, tehsil and village level in a hierarchy. A top court like the Supreme Court that has extraordinary powers to direct courts lower down in hierarchy to suspend judgements in special cases and transfer those to itself. This is a feature of Integrated Judiciary and not Judicial Federalism In Integrated Judicial System there is no artificial separation of subject matter of laws on which the Federal Court or the State High Courts can rule on. In case of Judicial Federalism, the subject matter of laws that courts rule on is defined and separate

8. #128Practice set
   Which among the following is not a part of the original jurisdiction of the High Court?
   • ADecision on election petitions
   • BRevenue matters
   • CEnforcement of Fundamental Rights of the citizens
   • DDispute between the Centre and a state involving a question of legal right
   Answer: (D) Dispute between the Centre and a state involving a question of legal right
   Explanation

   Option d is the correct d is incorrect: The Supreme Court has jurisdiction extends to any dispute between of India and one or more States or Government of India and any State or States on one one or more States on the other or between two or if and insofar as the dispute involves any of law or of fact) on which the existence or a legal right a is correct: Election petitions are filed in Court of the particular state in which the conducted. Therefore, only the High Courts have jurisdiction on deciding on election jurisdiction shall be exercised ordinarily by the of the High Court and Chief Justice shall from time assign one or more Judges for that Statement b is correct: Every High Court has in revenue matters (Article 225). specifically gave high courts in matters related to revenue as well as acts performed during the process of revenue c is correct: The Constitution gave both Court (Ar

9. #129Practice set
   Consider the following statements with respect to appointment of judges in High Courts: 1. Additional judge can be appointed for a term not exceeding two years. 2. Governor can appoint a duly qualified person as an acting judge of high court. 3. A retired judge of high court can be appointed by Governor only with the consent of the President.How many statements given above are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone Ellf
   Answer: (A) Only one
   Explanation

   Option a is the correct l is correct. The President can appoint persons as additional judges of a high court for period not exceeding two years when there is increase in the business of the high court; or arrears of work in the high 2 is incorrect. The President (and not appoint a duly qualified person as an acting judge high court when a judge of that high court (other than justice) is unable to perform the duties of his to absence or any other reason; or appointed to as chief justice of that high 3 is incorrect. At any time, the chief justice high court of a state can request a retired judge of court or any other high court to act as a judge of court of that state for a temporary period. He can do with the previous consent of the President and also person to be so appointed. Important Tips An acting judge holds office until the permanent judge resumes his office. However, both the addi

10. #130Practice set
    As a Court of Record, the High Court: 1. Has the power of superintendence over all courts and tribunals functioning in its territorial jurisdiction. 2. Has the power to punish for the contempt of court. 3. Has the power to review and correct its m,vn judgements.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct l is incorrect. A high court has the power over all courts and tribunals its territorial jurisdiction ( except military courts However, this power does not emanate from a Court of 2 is correct. As a court of record, the high the power to punish for the contempt of court, simple imprisonment or with fine or with 3 is correct. As a court of record, a high has the power to review and correct its own order or decision, even though no specific power is conferred on it by the Constitution. The on the other hand, has been specifically the power of review by the constitution

11. #131Practice set
    With reference to removal of High court judges, consider the following statements: 1. The president can issue the removal order of a judge only after the address of State Legislature has been presented to him in the same session. 2. The committee formed to investigate the charges should consist of Chief Justice of a High Court.Which of the above statements correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (B) 2 only
    Explanation

    Option b is the correct l is incorrect. The judges of High Courts are removed by President. The president can issue the removal order only after an address by the Parliament presented to him in the same on for such address must be supported by a special majority of of Parliament (i.e., a majority of the total that House and majority of not less than two-thirds of of that House present and 2 is correct. The committee formed to charges for removal of HC judge must consist of of High Court. The Speaker/Chairman constitute committee to investigate into the charges. should consist of - the chief justice or a the Supreme Court, chief justice of a high court, and jurist. Important Tips The Constitution under Article 124( 4) has provided for the impeachment of judges on the grounds of misbehaviour or incapacity but the Constitution has not given any mandate till date as to what constitutes 'misb

12. #132Practice set
    Consider the following statements regarding High courts in India: 1. The Constitution of India provides for the establishment of a common high court for 2 or more states. 2. The territorial jurisdiction of a high court is co-terminus with the territory of the concerned state.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (C) Both 1 and 2
    Explanation

    Option c is the correct l is correct. The Constitution of India the establishment of a common high court for 2 or The Constitution of India provides that there shall high court for each state. However, the establishment common high court for two or more states or for two states and a UT is provided by 7 th Amendment act 2 is correct. The territorial jurisdiction of a is co-terminus with the territory of a state. But can extend the jurisdiction of a High Court Union Territory or exclude the jurisdiction of a from any Union Territory

13. #133Practice set
    Consider the following pairs with reference to Union Territories (UTs) and the High Courts they come under:Union Territory High Court 1. Lakshadweep Karnataka 2. Puducherry Puducherry 3. Andaman and Madras Nicobar 4. Dadar and Nagar Bombay Haveli and Daman and DiuHow many pairs given above are correctly matched?
    • AOnly one
    • BOnly two
    • COnly three
    • DAll four
    Answer: (A) Only one
    Explanation

    Option a is the correct l is incorrect: Lakshadweep comes under of Kerala High Court. Although Lakshadweep has started process to bring it High 2 is incorrect - Puducherry comes under the Madras High Court. Delhi is the only UT to have a of its 3 is incorrect Andaman and Nicobar Island the jurisdiction Kolkata High Court and not 4 is correct - Dadar and Nagar Haveli and Daman comes under the jurisdiction of Bombay High Court

14. #134Practice set
    Consider the following statements regarding High courts: 1. The investigation committee of the Parliament for the removal of a judge of high court should consist a distinguished jurist as a member. 2. The only ground for the removal of judge of High court is the violation of the Constitution. 3. The strength of a high court is determined by the Parliament.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct l is proceedings against a Supierne Cullrl or Court judge can be initiated in any of the houses the motion of removal is admitted, the Speaker (who receives it) will constitute a to investigate the complaint. It will comprise: Supreme Court judge; (ii) Chief Justice of a High ( ) a distinguished jurist. The committee will based on which the investigation will be 2 is incorrect: There are 2 grounds for the judge of High court. "Misbehaviour or 3 is incorrect: The Constitution does not strength of High Court and leaves it to discretion The strength of a high court is determined by depending on the requirements of that state. Important Tips As per the Judges Inquiry Act, 1968, a complaint against a Judge of a High court has to be made through a resolution either by 100 members of the Lok Sabha or 50 Raj ya Sabha members. After the MPs submit a duly signed motion to t

15. #135Practice set
    With reference to High Court of India, Lhe following statements: 1. The institution of high court originated in India in 1862. 2. It is mandatory for every state in India to have high court with a constitutional status. 3. The territorial jurisdiction of a high court is co-terminus with the territory of a state. 4. The jurisdiction and powers of a high court cannot be curtailed in any case by the Parliament of India or the state legislature.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • COnly three
    • DAll four
    Answer: (C) Only three
    Explanation

    Option c is the correct constitution provides for a High Court at the apex State judiciary. The High Court of India is enshrined 214 to 231 of Part VI of Indian l is correct The India High Courts Act enacted to create High Courts for various abolished Supreme Courts at Calcutta, Madras and the Sadar Adalats in Presidency towns. high court in India, 'The High Court of Judicature William', now called the 'High Court of Calcutta', into existence by the Letters Patent dated 14 The act was passed after the Indian Rebellion of consolidate the parallel legal system of the crown and ent 2 is correct. Part VI of the Constitution contains provisions regarding the organisation of the High Court. By the provision of 214 which says, "there shall be a High Court for each state in India has a High Court and these courts have 3 is correct. The Constitution of India a high court for each state, but the S

16. #136Practice set
    Which of the following statements is correct regarding the High Courts in India? 1. The Seventh Amendment Act of 1956 authorises the Parliament to establish a common high court for two or more states. 2. There are currently seven High Courts in India having jurisdiction over more than one State/Union Territory.Select the correct answer using the code given below
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (C) Both 1 and 2
    Explanation

    Option c is the correct the constitution of India provides for single yet provisions are made of separate courts for Article 231 of Indian Constitution provides may by Law establish a common High Court or more states and a union l is correct. The Constitution of India a high court for each state, but the Seventh of 1956 authorised the Parliament to establish a court for two or more states or for two or more a union territory. The territorial jurisdiction of a is co-terminus with the territory of a state. territorial jurisdiction of a common high court is with the territories of the concerned states 2 is correct. There are 25 High Courts in newly added is the Andhra Pradesh HC), seven over more than one State/UT. Important Tips The common High courts and their territorial jurisdiction includes- Bombay High Court has jurisdiction over Maharashtra, Dadar and Nagar Haveli, Daman, Diu, and Go

17. #137Practice set
    Consider the following statements: 1. According to the Constitution the number of judges in each High Court is determined only after consultation with the Governor of the concerned state. 2. It is binding for President to consult the Chief Justice of the Supreme Court for appointments of the judges of the High Court.Which of the statements given above is/are incorrect?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (A) 1 only
    Explanation

    Option a is the correct High Courts are part of the Indian judiciary, under the supervision, guidance and control of Court in which President of India plays a vital l is incorrect. The Constitution doesn't strength of High Court. Every High Court has a and number of judges. The number of judges State to State. There is no mention of consultation rather the number of judges of each High Court by the President from time to time 2 is correct. The judges of the High Courts by the President of India. While Justice of a High Court, the President must Chief Justice of the Supreme Court and the the State concerned. While appointing other judges, consults the Chief Justice of the Supreme Chief Justice of the High Court and Governor of the The consultation with the Chief Justice of Court in respect of appointments and transfers judges of the High Court is also obligatory and the President

18. #138Practice set
    With reference to the appointment of subordinate employees in High Courts, consider the following statements: 1. The Chief Justice of the High Court holds the power to appoint a person as an officer or servant in the High Court. 2. The conditions of service of officers and servants of a High Court are prescribed by rules made by the Chief Justice of the High Court.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (C) Both 1 and 2
    Explanation

    Option c is the correct 229 of the Indian Constitution is associated and servants and the expenses of High l is correct. Article 229 (l) is associated of officers and servants of a High to it, the appointments of officers and a High Court shall be made by the Chief Justice of Court or such other Judge or officer of the Court may direct. But the Governor of the State may a person not already attached to the Court shall not to any office connected with the 2 is correct. According to Article 229 (2), of service of officers and servants of a are prescribed by rules made by the Chief the High Court. purpose. But the rules made related allowances, leave or pensions, require the the Governor of the State

19. #139Practice set
    Consider the following statements with reference to the High Court's power of Judicial review: 1. The Constitution implicitly confers the power of judicial review on High Courts. 2. High Courts are barred from considering the constitutional validity of any central law. PracticeboWhich of the statements given above is/ are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (A) 1 only
    Explanation

    Option a is the correct review is the power of a high court to examine of legislative enactments and l is correct: Though the phrase 'judicial nowhere been used in the Constitution, the provisions 13 and 226 implicitly confer the power of on a high 2 is incorrect: High Courts can look into validity of laws made by both the and the state governments. On examination, are fuuml lo ue violative of the Conslilution, they declared

20. #140Practice set
    With reference to removal of the High Court judges in India, consider the following statements: 1. No judge of any high court has been impeached so far since independence. 2. Speaker has discretionary power in admitting the motion of removal. 3. Removal procedure of a high court judge is similar to Supreme Court judge.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (C) All three
    Explanation

    Option c is the correct l is correct: No judge of any high court Court) of India has been impeached so proceedings against SC or HC a total of 4 times in Indian 2 is correct: The Speaker/Chairman may motion of removal of High court or refuse to admit have discretionary power in admitting the motion 3 is correct: A judge of a high court can in the same manner and on the same a judge of the Supreme Court. The procedure for of a judge of a high court is the same as a judge of the Supreme Court. The grounds of two proved misbehaviour or incapacity. Important Tips A judge of a high court can be removed from his office by an order of the President. The President can issue the removal order only after an address by the Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each House of Parliament

21. #141Practice set
    to High Courts in India, consider the following statements: 1. The Constitution makes no provision for the appointment of a distinguished jurist as a judge of a high court. 2. Only a citizen of India can be appointed as a judge of High Court. 3. A person who holds a judicial office for a minimum of five years can be appointed as a judge of a high court. 4. The Constitution has not prescribed a minimum age for appointment of a High Court judge.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • COnly three
    • DAll four
    Answer: (B) Only two
    Explanation

    Option b is the correct is the largest democracy in the world. The United America is the oldest democracy. Both are countries only. But USA follows Presidential Government and India is governed by Parliamentary form of l is incorrect. Indian President is eligible for to the office. He can be elected for any number However, in USA, a person cannot be elected to of the President more than 2 is correct. Qualified Veto is seen in the USA. Once a bill is passed by the Congress it is the President for his assent. If he decides to withhold it not give his assent, he may send it back to the 10 days of the bill being presented to him. If the is passed with 213rd (extraordinary majority) he has his assent. Simply put, this veto can be overridden legislature with a higher is no qualified veto in the case of Indian is possessed by the American 3 is correct. In India both a citizen by birth as a natu

22. #142Practice set
    In the context of Indian Judiciary, which of the following best describes the term "Original Jurisdiction"?
    • AAdmission of judgements given by the Supreme court as legal precedents in the lower courts
    • BIt consists of all the jurisdictional powers conferred upon the Supreme court on the date of enforcement of Indian constitution
    • CA territorial limit on the jurisdiction of high courts before large scale reorganization of states in 1956
    • DPower of the Supreme Court or High Courts to hear and adjudicate certain cases in the first instance
    Answer: (D) Power of the Supreme Court or High Courts to hear and adjudicate certain cases in the first instance
    Explanation

    Option d is the correct jurisdiction of a court is the power to hear for the first time, as opposed to appellate conslilulion gives citizens the right to approach either the Supreme court (Article 32) or high courts (Article to enforce their fundamental rights and so this original jurisdiction of both the supreme court as well courts

23. #143Practice set
    With reference to supervisory jurisdiction of High Courts in India, consider the following statements: 1. A high court has the power of superintendence over all courts and tribunals functioning in its territorial jurisdiction. 2. Supervisory jurisdiction of a high Court covers both administrative and judicial superintendence. 3. Under supervisory jurisdiction, a high court can act Suo-motu in a case.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct answer 1 is correct: The Parliament alone can legislation'. The parliament may that has an impact beyond the territories in of the people who are native of India ED Statement 2 is incorrect: The power to make laws to residuary subjects (i.e., the matters which are in any of the three lists) is vested in residuary power of legislation includes the power residuary 3 is correct: The 101st Amendment act taxing powers upon the Parliament and Legislatures to make laws for levying GST on of supply of goods or services or both

24. #144Practice set
    Which of the following statements is incorrect regarding lower Judiciary in India?
    • AThe district judge is the highest judicial authority in the district
    • BThe sessions judge has the power to impose capital punishment
    • CThe subordinate judge exercises unlimited pecuniary jurisdiction over civil suits
    • DAppeals against orders of Chief Judicial Magistrate lie in High Courts only
    Answer: (D) Appeals against orders of Chief Judicial Magistrate lie in High Courts only
    Explanation

    Option d is the correct a is correct. The district judge is the authority in the district. He possesses appellate jurisdiction in both civil as well as He also has supervisory powers over all courts in the district. Appeals against his judgements lie to the High b is correct. The sessions judge has the impose any sentence including life imprisonment punishment (death sentence). However, a passed by him is subject to confirmation by Court, whether there is an appeal or c is correct. Below the District and stands the Court of Subordinate Judge on the civil the Court of Chief Judicial Magistrate on the The subordinate judge exercises unlimited over civil suits Statement dis incorrect. The chief judicial magistrate cases which are punishable with imprisonment term up to seven years. Appeals against orders of Magistrate lie in sessions court

25. #145Practice set
    With reference to NGT (National Green Tribunal), which of the following statements is/are correct? 1. It can't exercise suo motu proceedings against environmental Law defaulters. 2. NGT is not bound by the rules of evidence as enshrined in the Indian Evidence Act, 1872. 3. Civil court can't hear matters related to Environmental issues under the seven laws which the NGT is empowered to deal with.Select the correct answer using the code given below
    • A1 and 2 only
    • B3 only
    • C1 and 3 only
    • D2 and 3 only
    Answer: (D) 2 and 3 only
    Explanation

    Option d is the correct l is incorrect. NGT has the power and institute suo moto proceedings against environment 2 is correct. The NGT has powers to review decisions. If this fails, the decision can be the Supreme Court within ninety 3 is correct. With the enactment of the NGT courts cannot hear matters related to under the seven laws which the NGT is empowered with i.e cases under

26. #146Practice set
    With reference to Tribunals Reforms Act 2021, which of the following statements is /a.re correct? 1. It has created a separate tribunal for Goods and Service Tax called The Goods and Service Tax Appellate Tribunal. 2. The Act empowers the Supreme Court to provide for the qualifications, tenure an other service conditions of the members of tribunals. 3. The Act has merged several tribunals based on their domains.Choose the correct answer using the options given below
    • A1 and 2 only
    • B1 and 3 only
    • C2 and 3 only
    • DNone of the above
    Answer: (D) None of the above
    Explanation

    Option d is the correct 1 is incorrect - CGST Act (not Tribunals 2021) provides for the Appeal and Review Mechanism resolution under the GST Regime. The act Central Government to constitute, by notification, Tribunal known as the Goods and Services Tribunal for hearing appeals against the by the Appellate Authority. Goods and Services Tribunal is the form of the second appeal in and the first common forum of dispute Centre and 2 is incorrect - Judicial bodies like the and High Court have no role and the rules by the Centre. The Central Government can to provide for the qualifications, appointment, allowances, resignation, remnval and other service of the Chairperson and Member of a is done after into consideration the in the relevant field and the provisions of ook Act. There is a search and selection committee for the appointments to be 3 is incorrect - The Finance Act of 2017 tribunals

27. #147Practice set
    Consider the following statements with reference to the Central Administrative Tribunals (CAT): 1. The Central Administrative Tribunal (CAT) was set up in 1975 with the principal bench at Mumbai. 2. No fees is required to be paid by the applicant in CAT. 3. The applicant may appear either in person or through a lawyer.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct l is incorrect: The Central ( CAT) was set up in 1985 with the at Delhi and additional benches in different present, it has 17 regular benches, 15 of which operate principal seats of high courts and the remaining two and Lucknow. These benches also hold circuit other seats of high 2 is incorrect: Only a nominal fee of Z50 is to by the applicant in 3 is correct: The applicant may appear either or through a lawyer

28. #148Practice set
    With reference to Indian Judiciary, consider the following statements: 1. District judges are appointed by the Governor only after consultation with the State Public Service Commission and the high court of the state. 2. The district judge is the highest judicial authority in the district. 3. The district judge shall have supervisory powers over all the subordinate courts in the district.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone Judicial Activism H7
    Answer: (B) Only two
    Explanation

    Option b is the correct subordinate courts function below and un the at district and lower levels. Articles 233 to 237 VI of the Constitution deal with matters related l is incorrect: District judges are the governor of the state in consultation with the concerned high court ( consultation with State commission is not 2 and 3 are correct: The district judge is judidal authority in the district. He/she and appellate _jurisdiction in both civil as wrll matters. He/she also has supervisory powers the subordinate courts in the district. Judicial Activism

29. #149Practice set
    Consider the following qualifications. He is a citizen of India. He has been an advocate of a high court for 10 years in succession. He is ahove 40 years of age. The above qualifications match which of the following posts?
    • AJudge of High court; Judge of Supreme court
    • BChairman of Finance commission; Judge of High court
    • CAttorney General of India; Judge of Supreme court
    • DJudge of High court; Judge of Supreme court; Attorney General of India
    Answer: (D) Judge of High court; Judge of Supreme court; Attorney General of India
    Explanation

    Option d is the correct become a judge of High Court, He should be a citizen and He should have held a judicial office in the India for 10 years or he should have been advocate of court (or high court in succession) for 10 become a judge of Supreme court, he should be a India and he should have been advocate of a high high court in succession) for 10 years or he should judge of a High court ( or High court in succession) years. Or He should be a distinguished jurist in the criteria to become chairman of Finance that he should be a person having experience in become Attorney general of India, He must have of High court for 5 years or an advocate of for 10 years. In other words, he should be qualified appointed a _judge of the Supreme court

30. #150Practice set
    In which of the following circumstances, a right to appeal lies to the Supreme Court against the decision of a High Court? 1. If the high court certifies that the civil case involves a substantial question of law of general importance. 2. If the high court has on appeal, reversed the order of conviction in a criminal case and has ordered the acquittal of the accused. 3. If the high court has on appeal, reversed an order of acquittal of an accused person in a criminal case and sentenced him to imprisonment for ten years.Select the correct answer using the code given below
    • A1 and 2 only
    • B2 and 3 only
    • C1 and 3 only
    • D1, 2 and 3
    Answer: (C) 1 and 3 only
    Explanation

    Option c is the correct civil cases, an appeal lies to the Supreme Court from of a high court if the high court certifies that

31. #151Practice set
    Consider the following statements: 1. The Constitution provides for curative petition to review a judgment pronounced by the Supreme Court. 2. A review petition is the final relief available to an aggrieved person after a curative petition is dismissed.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (D) Neither 1 nor 2
    Explanation

    Option d is the correct l is incorrect. Under Article 137 of the Supreme Court shall have power any judgment pronounced or order made by it. makes no provision for a curative petition. in Roopa Hurra v Ashok Hurra case (2002), that evolved the concept of curative 2 is incorrect. A curative petition may be a review plea against the final conviction is is meant to ensure there is no miscarriage of justice, and abuse of process

32. #152Practice set
    Which of the following powers are given to the Supreme Court for the administration of justice? 1. It can make rules with respect to conditions under which a judgment pronounced by the Court may be reviewed. 2. It can make rules for the granting of bail and the stay of proceedings of the Court.Which of the statements given above is/ are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (C) Both 1 and 2
    Explanation

    Option c is the correct l is correct. Article 145 of the Constitution Supreme Court from time to time, with the approval President, to make rules for regulating generally and procedure of the Court. This includes to make rules as to the conditions subject to judgment pronounced or order made by the Court reviewed and the procedure for such review including within which applications to the Court for such to be 2 is correct. The Supreme Court can also make

33. #153Practice set
    Consider the following statements: 1. The judgments of the High Courts have evidentiary value and cannot be questioned in subordinate courts. 2. High Courts have power to punish for contempt of court. 3. Constitution of India has a clearly defined the term 'Contempt of Court".How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct l is correct. As a court of record, the and acts of the high courts are recorded memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned before any subordinate court. They are legal precedents and legal 2 is correct. High Court has the power to contempt of court, either with simple Imprisonment fine or with 3 is incorrect. The expression 'contempt of not been defined by the Constitution. However, has been defined by the Contempt of Court 1971

34. #154Practice set
    Consider the following statement with respect to Anticipatory Bail: 1. Protection of anticipatory or pre-arrest bail is limited for a fixed period only. 2. It cannot be granted after a chargesheet has been filed in the criminal case.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (D) Neither 1 nor 2
    Explanation

    Option dis the correct bail, as the name suggests, is bail granted person in anticipation and apprehending arrest. It is relief. The very purpose for the provisions anticipatory bail is to ensure that no person is confined way until and unless held l is incorrect. When the court grants what it does is to make an order that in the event of person shall be released on bail. Recently, a of the Supreme Court ruled that the protection or pre-arrest bail cannot be limited to any or "fixed 2 is incorrect. Recently, the Allahabad held that anticipatory bail can be granted even chargesheet in the criminal case has been filed. High Court or the Court of Sessions, while bail may impose certain conditions

35. #155Practice set
    to Public Interest Litigation (PIL) in India, consider the following statements:s 1. It allows any citizen to approach a court in case of violation of Fundamental Rights of a group of people. 2. A Public Interest Litigation (PIL) can be filed in both Supreme Court and High Court. 3. PILs can be filed under Article 32 of the Constitution.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (C) All three
    Explanation

    Option c is the correct 1 is correct. In case of any violation of Right the aggrieved person can go to a remedy. Under the PIL any citizen or group of approach the Supreme Court or a High Court for of public internsl against a particular law of the government. Any person can go to court violation of the Fundamental Right, if it is of social interest. Statement 2 is correct: A Public Interest Litigation (PIL) filed in both Supreme Court and High Court. courts and district court are neither hear the PIL, nor can anybody approach the local hear 3 is correct: Also, PILs are extensions of Therefore, PILs may be filed either before Supreme Court of India under Article 32 of Constitution or any High Court under Article the Indian Constitution. The Court in exercise of Articles 32 and 226 of the Constitution can petition filed by any interested person in the welfare of who are in a disadvantaged

36. #156Practice set
    Which of the following Articles confer the power of judicial review on the Supreme Court and the High Courts? 1. Article 12 2. Article 13 3. Article 32 4. Article 226Select the correct answer using the code given below
    • A1, 2 and 3 only
    • B2, 3 and 4 only
    • C3 and 4 only
    • D1, 2, 3 and 4
    Answer: (B) 2, 3 and 4 only
    Explanation

    Option b is the correct Review refers to the power of the judiciary the constitution and to declare any such law of the legislature and executive void, if it finds them the Constitution of l is incorrect. Article 12 of the defines 'State for the purpose of Part - - 2 is correct. Under Article 13 It is stated that or the Union shall not make such rules that takes abridges the essential rights of the people. If any law the Parliament or the State Legislature contravenes of this Article, it shall be 13 in fact provides for the judicial review of in India. This power has been conferred High courts and the Supreme court of India which a law unconstitutional if it is inconsistent with any provisions of part 3rd of the 3 is correct. Article 32 guarantees the move the Supreme Court for the enforcement of Rights and empowers the Supreme Court directions or orders or writs for that 4 is correct. A

37. #157Practice set
    Which of the following statements is/are correct regarding Judicial Activism? 1. The requirement of substantive due process into Article 21 was introduced by judicial activism. 2. Judicial Activism is the exercise of judicial power without any backing of the law. 3. Judicial Activism is a philosophy whereby judges allow their personal views about public policy.Select the correct answer using the code given below
    • A1 and 2 only
    • B2 only
    • C1 and 3 only
    • D3 only
    Answer: (C) 1 and 3 only
    Explanation

    Option c is the correct activism refers to a "philosophy of judicial decision making whereby judges allow their personal views policy, among other factors, to guide their l is correct: In A.K. Gopalan v. State the Indian Supreme Court rejected the to deprive a person of his life or liberty not only prescribed by law for doing so must be also that such procedure must be fair, reasonable To hold otherwise would be to introduce the clause in Article 21 which had been when the Indian Constitution was being subsequently in Maneka Gandhi v. Union this requirement of substantive due process into Article 21 by judicial Supreme Court, in Ramlila Maidan Incident Selvi v. State of Karnataka (2010), have repeatedly substantive due process and due process generally part of Indian constitutional law under Article 21 of 2 is incorrect: Judicial Activism means of existing legislation by a judge. It util

38. #158Practice set
    Which of the following is/are the tools by which the Supreme Court of India can exercise Judicial Activism? 1. Public Interest Litigation 2. Article 142 of the Indian constitution 3. Power of Judicial ReviewSelect the correct answer using the codes given below
    • A1 and 3 only
    • B1 only
    • C2 and 3 only
    • D1, 2 and 3
    Answer: (D) 1, 2 and 3
    Explanation

    Option d is the correct activism denotes the proactive role played by in the protection of the rights of citizens and in of justice in the l is correct: The chief instrument through Activism has flourished in India is Public Interest Litigation (PIL). Any citizen can file a PIL The applied will be that it should be filed with interest and not for private gain. 2 is correct: Article 142 of the Indian gives the Supreme Court the authority to order to ensure full justice in t.he case at hand, is provision in relation to judicial 3 is correct. The concept of judicial activism in judicial review. Judicial Review empowers to uphold the constitution and declare the laws inconsistent with the constitution as void. as regards constitutional cases, falls under of what is commonly called judicial review

39. #159Practice set
    With reference to Indian Judiciary, consider the following statements: 1. While Judicial activism is the power of Judiciary to review its own judgements, Judicial review is the power of judiciary to examine the constitutionality of laws. 2. While Judicial activism is a proactive role played by the judiciary, judicial overreach is the judicial encroachment into the domains oflegislature or/and executive. 3. While Judicial activism denotes the role of judiciary in policy making, Judicial restraint means non-interference by judiciary in policy making.How many of the above given statements is/ are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the coned l is incorrect: Judicial activism is a making whereby judges render their regarding a public policy. Judicial review is of the judiciary to examine the constitutionality actions of both the Central and Article 137 of the constitution grants the power to review its own judgements and it is judicial 2 is correct: Judicial activism denotes role played by the judiciary in the protection rights of citizens and the promotion of justice in overreach means overstepping of authority and encroachment into domains of other organs state - legislature or/and 3 is correct: Judicial activism denotes of judiciary in policy making to protect the rights for example Vishaka guidelines issues by to ensure sexual harassment free work women. In contrast, Judicial restraint means noninterference by judiciary in policy making ie restricting to interpreting the constitutionality of

40. #160Practice set
    Consider the following statements regarding the principle of 'judicial restraint': 1. It helps in maintaining the doctrine of the Separation of Powers. 2. It helps in maintaining the independence of the judiciary.Which of the statements given above is/ are correct?
    • A1 oniy
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2 Important Judgements
    Answer: (C) Both 1 and 2
    Explanation

    Option c is the correct restraint is a concept that encourages the limit the exercise of their judicial powers. is considered the opposite of judicial l is correct: Judicial restraint helps the separation of powers. It restraints making laws and helps them focus on their duty of 2 is correct: Judicial restraint protects of the judiciary. When the court the jurisdiction of the other two organs, the the elected officials might con,lude that the the judges should be monitored. Judicial restraint courts to not to overstep their mandate and protect Important Judgements

More Polity topics