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Judiciary — UPSC Prelims Polity previous year questions — page 5

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. #161Practice set
   The case resulted in the recognition of transgender persons as a third gender. The Supreme Court instructed the government to treat them as socially and economically backward. The Court also asked the government to expand reservations in education and jobs for trnnsgenders. The landmark case is
   • ANational Legal Services Authority v. Union of India, 2014
   • BN avtej Singh Johar v. Union of India, 2018
   • CVishakha and others v. State of Rajasthan
   • DLily Thomas v. Union of India, 2013
   Answer: (A) National Legal Services Authority v. Union of India, 2014
   Explanation

   Option a is the correct a is correct - National Legal Services Authority of India (2014) is a landmark decision by the which declared transgender people as the The court also instructed the government to people as socially and economically and provide them reservations in admissions institutions and jobs. The apex court also and the Centre will devise social welfare third gender community and run a public to erase social stigma. Important Tips Navtej Singh Johar Ors. v. Union of India thr. Secretary Ministry of Law and Justice is a landmark decision of the Supreme Court of India in 2018 that decriminalised all consensual sex among adults, including homosexual sex (section 377 of the IPC). Vishakha and others v State of Rajasthan - The Vishaka Guidelines were a set of procedural guidelines for use in India in cases of sexual harassment. They were promulgated by the Supreme Court in 1997.

2. #162Practice set
   With reference to Justice KS. vs Union of India judgement (2017) of the Supreme Court, which of the statements given below is/are correct? 1. It declared right to privacy as a fundamental right under Article 21 of the Constitution. 2. It laid down a test of proportionality to determine the reasonableness of the invasion of privacy. 3. It upheld the validity of the Aadhaar Act of 2016.Select the correct answer using the code given below
   • A1 only
   • B1 and 2 only
   • C2 and 3 only
   • D1, 2 and 3
   Answer: (D) 1, 2 and 3
   Explanation

   Option dis the correct l is correct. In Justice K.S. Puttaswamy vs India case (2017), the Supreme Court held that the privacy is protected as intrinsic part of the right to personal liberty under Article 21 and as a part of guaranteed by Part of the 2 is correct. The judgement also laid down test to determine the reasonableness of the privacy

3. #163Practice set
   Consider the following pairs:High court Jurisdiction extends to l. Manipur Nagaland 2. Guwahati Mizoram 3. Odisha Andaman Nicobar 4. Bombay Goa LHow many pairs given above are correctly matched?
   • AOnly one
   • BOnly two
   • COnly three
   • DAll four
   Answer: (B) Only two
   Explanation

   Option b is the correct l is incorrect. Manipur High court covers only under its jurisdiction while Nagaland lies jurisdiction of Guwahati High 2 is correct. Guwahati high court covers 4 states- Mizoram, Assam, Nagaland, and 3 is incorrect. Odisha high court has of Odisha only with its seat in Cuttack. Court covers territorial jurisdiction of West Andaman and 4 is coned. Bombay High court covers Dadra and Nagar Haveli and Daman and Diu

4. #164Practice set
   In context to Article 142, which of the following statements is incorrect?
   • AOrder passed under it will be enforceable in such manner as may be prescribed by Parliament
   • BIt deals with the power of President to consult the Supreme Court on any question of law or fact of public importance
   • CIt could not be used to supplant the existing law, but only to supplement the law
   • DIt provides that the Supreme Court may pass such decree or order as is necessary for doing complete justice
   Answer: (B) It deals with the power of President to consult the Supreme Court on any question of law or fact of public importance
   Explanation

   Option bis the correct a is correct. Article 142 states that "The in the exercise of its jurisdiction may pass such make such order as is necessary for doing complele any cause or matter pending before it. Any decree or order so made shall be enforceable throughout of India in such manner as may be prescribed under any law made by Parliament and, until that behalf is so made, in such manner as the by order b is incorrect. Article 143 deals with the President to con.su It Supreme Court, in the two On any question of law or fact of public importance which has arisen or which is likely to On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar c is correct. One of the important instances by the Supreme Court of Article 142 was in Carbide case. The SC went to the extent of saying do complete justice, it could even override the laws P

5. #165Practice set
   With reference to 'National Consumer Disputes Redressal Commission', consider the following statements: 1. The commission is headed by a sitting or retired judge of the Supreme Court of India. 2. Complaints with value of goods and services only over Rs 100 crore will be entertained by it.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 l is Consumer Disputes Redressal a quasi-judicial commission to provide and summary redressal of consumer disputes. is headed by a sitting or retired judge of Court of 2 is District CDRC will entertain complaints value and services does not exceed Rs one crore. The will entertain complaints when the value is more one crore but does not exceed Rs 10 crore. value of goods and services over Rs 10 crore will by the National CDRC

6. #166Practice set
   Consider the following statements: 1. In Shah Bano case, Supreme court declared that 'instant Triple Talaq' was against the right to equality. 2. In Shayara Bano case, Supreme court observed that the State had to secure Uniform Civil Code for its citizens.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 l is incorrect. The Supreme Court for the directed the Parliament to trame a UCC the in the case of Mohammad Ahmed Khan v. Shah popularly known as the Shah Bano case. In this case, Shah Bano claimed for maintenance husband under Section 125 of the Code of after she was given triple talaq by the Shah Bano case, the apex court had said that a code would help the cause of national removing disparate loyalties to laws having 2 is incorrect. Shayara Bano Case: Shayara 35-year-old woman, challenged the practice after under the triple talaq did not accept that instant talaq is essential to Islam deserves constitutional protection under main ground on which the practice has been is that the practice is arbitrary and depends on of the court ruled that the practice was against Article 14 Constitution, which guarantees the right to suggested the government to bring a legislat

7. #167Practice set
   Which of the following are the qualifications in order to be appointed as a Judge of the Supreme Court? 1. A citizen of India. 2. Should have been a judge of a High Court for five years. 3. Should have been an advocate of a High Court for ten years 4. Should be a distinguished jurist in the opinion of the president 5. Should have minimum age of 35 yearsSelect the correct answer using the code given below
   • A1, 2, 3 and 4 only
   • B1, 3 and 4 only
   • C2, 4 and 5 only
   • D1, 2, 3, 4 and 5
   Answer: (A) 1, 2, 3 and 4 only
   Explanation

   Option a is the correct to Indian constitution a person to be a judge of the Supreme Court should have the 1 is correct. He should be a citizen of 2 is correct. He should have been a judge of Court (or high courts in succession) for five years; 3 is correct. He should have been an advocate High Court (or High Courts in succession) for ten 4 is correct. He should be a distinguished the opinion of the 5 is incorrect. Indian Constitution has a minimum age for appointment as a judge Supreme Court

8. #168Practice set
   Which of the following types of Advocates are entitled to practice law before the Supreme Court of India? 1. Advocate on record 2. Advocates registered with State Bar Council 3. Senior Advocates designated by Supreme court and High courtsSelect 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: (B) 2 and 3 only
   Explanation

   Option bis the l is correct: The Supreme Court has held term 'state' is wide to include all authorities powers are conferred by law. Thus, even a alll body or an agency working as an instrument of the within the meaning of the 'State' Article not mxessai-y that always a statutory authority should in performing governmental or sovereign 2 is correct: All local authorities are included the definition of state under Article 12. According to List of VII Schedule 'local government' includes a municipal corporation, urban improvement trust, district settlement authorities and othn 1 the purpose of local self-government or village J is In Atlit.is, 17., tlw expression 'other authorities' is used after mentioning the of India, the Government and Legislature of the State and all local authorities. The Madras High held that 'other authorities' could only mean governmental or sovereign functions. I

9. #169Practice set
   Consider the following statements regarding the decisions of the Supreme Court in the Kesavananda Bharati Case (1973): 1. Supreme Court ruled that Parliament cannot violate the 'Basic Structure' of the Constitution through amendments. 2. The Supreme Court reserved to itself the right to decide which part of the Constitution forms the Basic Structure. 3. The Supreme Court upheld its earlier decision and held that Preamble is not a part of the Constitution.How many of the above given statements are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone G
   Answer: (B) Only two
   Explanation

   Option b is the correct l is correct: In 1973, in the famous case supreme Court ruled that there is a of the Constitution and it cannot be violated through 2 is correct: Supreme court in the case (1973) reserved to itself the right to various matters are part of the basic structure of The Supreme Court is yet to define or clarify what constitutes the 'basic structure' of the 3 is incorrect: In the Kesavananda Bharati the Supreme Court rejected its earlier opinion Union case ( 1960) and held that Preamble is a the Constitution

10. #170Practice set
    Which among the following are quasi judicial bodies? 1. National Green Tribunal 2. Central Information Commission 3. Election Commission 4. NITI Aayog 5. Reserve Bank of IndiaSelect the correct answer using the code given below
    • A1, 2, 3 and 5 only
    • B2, 3 and 4 only
    • C1, 3 and 5 only
    • D1, 2, 3, 4 and 5
    Answer: (A) 1, 2, 3 and 5 only
    Explanation

    Option a is the correct quasi-judicial body is a body which has powers resembling those of a court of law or judge an arbitrator or tribunal board. It is obliged to facts and draw conclusions from them so as the basis of an official l is correct: The National Green Tribunal is quasi-judicial body that deals with the to environmental protection and conservation and other naturai 2 is correct: The Central Information a statutory body created under the Right Act, is a specialised body matters related to transpuency in governance. is a Quasi-Judicial 3 is correct: The Election Commission of is a specialised body adjudicating on certain to elections. Thus, ECI is a Quasi- Judicial 4 is incorrect: The NIT! Aayog is a think has replaced the Planning Commission in 20 llt is body. It does not have the power to adjudicate matter, or award any sort of punishments. Hence it is quasi--judicial 5 is c

11. #171Practice set
    Consider the following statements regarding the Central Administrative Tribunal (CAT)? 1. It is a Constitutional body established by the original constitution. 2. The procedure for removal of members of CAT is same as high court judges. 3. It is not bound by the procedure laid down by the Civil Procedure Code, 1908. 4. The Selection committee for CAT members is chaired by a sitting Judge of Supreme Court.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 l is incorrect: The Central (CAT) is a statutory body (not a established under the Administrative Tribunals 2 is incorrect: The procedure of removal in the CAT is NOT same as high court judge. or any other Member shall not be removed office except by an order made by the President ground of proved misbehavior or incapacity after made by a Judge of the Supreme Cotat. not involved in the removal process like in the case of high court 3 is correct: The CAT is not bound by laid down in the Civil Procedure Code of is guided by the principles of natural 4 is correct: The appointment of Members is made on the basis of recommendations of a high powered selection committee chaired by a sitting Judge Supreme Court who is nominated by the Chief India

12. #172Practice set
    Which of the following are considered as Criminal Offence under Indian laws? 1. Defacing, destroying or stealing of a property. 2. Breach of contract where money is owed to another party. 3. Torts involving personal injuries against private individuals. 4. Operating Gambling in public gaming houses. 5. Cultivation of opium, cannabis or coca plants without licenseSelect the correct answer using the code given below
    • A1, 2, 3 and 5 only
    • B2 and 5 only
    • C1, 4 and 5 only
    • D1, 2 and 4 only
    Answer: (C) 1, 4 and 5 only
    Explanation

    Option c is the correct offence are acts that are unlawful and the specific laws of a state or a country. Whereas means an act which is triable by a Criminal by a special Judge appointed under the Criminal Act, l is correct. The offence of theft and that involve defacing, destroying, of a property is a criminal offence under of Indian Penal Code, 2 is incorrect. Breach of contract, such items are not fit for purpose or when money is another is not considered a criminal offense unless something like 3 is incorrect. The law of torts in India is of law that addresses and provides remedies acts of civil wrongdoings (not It is concerned with personal injuries individuals. A tort can be against either a or property. The common forms of torts assault, battery, negligence, nuisance, Even though many of these results in civil liability offence, torts are civil 4 is correct. Gambling that involves

13. #173Practice set
    With respect to the Indian Constitution, which of the following statements regarding the 'Doctrine of Pleasure' is/are correct? 1. Every person who is a member of the civil service of a state holds office during the pleasure of the Governor of the state. 2. Members of the defense services in India are excluded from the purview of the doctrine of pleasure.Select the correct answer using the codes 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 131 of the Indian Constitution deals with the of the Supreme Court. Original jurisdiction court refers to a matter for which the particular court 1 is correct. Article 131 provides that the be competent to exercise original jurisdiction in the Union Government and one or more one party and one or more states constitute 2 is incorrect. The original jurisdiction Supreme Court does not extend to inter-state 3 is correct. The Supreme Court of original juris_diction in the dispute regarding of Fundamental 4 is incorrect. The disputes relating to of members of Parliament and state legislatures the original jurisdiction of High courts whereas regarding the presidential and lie under the jurisdiction of Supreme Court

14. #174Practice set
    Which among the following is not a judicial power of the President?
    • AHe appoints the Chief Justice and the judges of Supreme Court and high courts
    • BHe can seek advice from the Supreme Court on any question of law
    • CHe decides on questions as to disqualifications of members of the Parliament
    • DHe can grant pardon to the death sentence of any person
    Answer: (A) He appoints the Chief Justice and the judges of Supreme Court and high courts
    Explanation

    Option a is the correct l is correct: Under Article 143 of the can seek opinion of _judiciary on any question or fact of public importance which has arisen, or likely to arise and on any dispute arising out of any pre constitution treaty, agreement, covenant, engagement, other similar 2 is incorrect: As per constitution, must provide its opinion on matters involving arising out of any pre-constitution treaty, similar 3 is incorrect: Under advisory jurisdiction, expressed by the Supreme Court is only advisory a judicial pronouncement. Hence, it is not binding on he may follow or may not follow the opinion

15. #175Practice set
    Consider the following statements regarding the pardoning power of the President: I. The President can pardon death sentence given against both Union and State laws. 2. It is executive in nature.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 incorrect: Judicial review supremacy, not Judicial supremacy. empowers the Judiciary (both Supreme court courts) to strike down any laws/executive it violates constitutional provisions thereby of the 2 is correct: It is true that Judicial review federal character of the Indian constitution. strike down any central laws if it violates federal the Indian 3 is correct: The Supreme court (Sin DC State of Bihar case, 1986 held that re-promulgation without submitting it to the legislature is of the Constitution. Further in the Krishna Anr vs State of Bihar Ors case, 2017 the SC power of the President and the Governor to is not exempt from judicial review under

16. #176Practice set
    Consider the following statements with reference to the Constitution of India: 1. For the disqualification of a member of parliament, the President acts according to the advice tendered by the Supreme Court. 2. President's decision is final with respect to disqualification of a member of parliament under the Constitution.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2 7 4
    Answer: (D) Neither 1 nor 2 7 4
    Explanation

    Option d is the cone ct I is incorrect: The salaries and allowances of Court judges are charged on the consolidated fund state. But the pension of a high court judge is the Consolidated Fund of India and not the 2 is incorrect: In 1994, the Supreme Court judicial review is necessary to ubitnuiness of judges. But only the judge who is challenge 3 is incorrect: The jurisdiction and powers of court in so far as they are specified in the be curtailed both by the Parliament and the But, in other respects, the jurisdiction of a high court can be changed both by and the state legislature

17. #177Practice set
    With reference to powers and functions of Governor of a state, consider the following statements: 1. S/he appoints the Advocate General of respective state and determines his/her remuneration. 2. S/he decides on the question of disqualification of members of the state legislature in consultation with the State Election Commission. 3. S/he is consulted by the Chief Justice of India while appointing the judges of High Court of the concerned state. 4. S/he is the ex officio Chancellor of the state universities.Which of the statements given above are correct?
    • A2 and 4 only
    • B1 and 3 only
    • C1 and 4 only
    • D1, 2 and 4 only
    Answer: (C) 1 and 4 only
    Explanation

    Option c is the correct 1 is correct: He appoints the advocate a state and determines his remuneration. The holds office during the pleasure of the 2 is incorrect: He decides on the question of members of the state legislature with the Election Commission of India Election 3 is incorrect: He is consulted by the Chief Justice of India) while appointing the judges concerned state's High 4 is correct: The Governor of the state is the chancellor of the State universities. Important Tips The Governor's powers and functions as the Chancellor are laid out in the statutes that govern the universities under a particular state government. While under the Central Universities Act, 2009, and other statutes, the President of India shall be the Visitor of a central university. Chancellors in central universities are titular heads, who are appointed by the President in his capacity as Visitor

18. #178Practice set
    Consider the following statements: 1. State Election Commissioner can be removed in the same manner and on the same grounds as Judge of a High Court. 2. The State Legislatures holds no power to legislate on any matter relating to elections to Panchayats.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 1 is incorrect: Both the concepts of and judicial activism originated in the activism was introduced for the first time by in the case of Marbury vs. Madison 2 is incorrect: Both the terms- 'judicial 'judicial activism' are not explicitly mentioned in 3 is incorrect: Only judicial review has as a part of the basic structure. On the other Supreme Court has time and again advocated judicial activism with judicial restraint to of powers and maintain the autonomy of

19. #179Practice set
    Consider the following statements: 1. Contingency Fund of India has been established by an act of the parliament. 2. The advances from the Contingency Fund of Indian are re-appropriated from the Public Accounts of India.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 Indian Constitution has ensured the independence judiciary through a number of 1 is correct: The judiciary is not on either the executive or legislature. provides that the salaries and the judges are not subjected to the approval of The salaries, allowances and pensions of are charged on the Consolidated Fund of 2 is incorrect: Parliament cannot discuss of the judges except when the proceeding a judge is being carried 3 is correct: The judiciary has the power those who are found guilty of contempt of Supreme Court can punish any person for its contempt

20. #180Practice set
    Which of the following expenditures are charged on the Consolidated Fund of India? 1. Salaries, Allowances and Pension of the Judges of the High Courts 2. Salaries, Allowances and Pension of the Judges of the Supreme Court 3. Any sum required to satisfy any decree of arbitral tribunal. 1. Redemption charges related to the loans raised by Government of India.Select the correct answer from the codes given below
    • A1, 2 and 3 only
    • B2, 3 and 4 only
    • C1, 3 and 4 only
    • D1, 2, 3 and 4
    Answer: (C) 1, 3 and 4 only
    Explanation

    Option c is the correct I is incorrect. The Finance Commission make recommendations to president of India needed to augment the consolidated fund of Centre that is from the consolidated fund of India functioning of 2 is correct. The State Finance measures that bring about greater functioning of local bodies in the mobilisation of their resources as Local Self-Government. It suggestions on demarcation of functions of Government together with local bodies. This is taking into account the prevailing levels of administrative, functional and financial powers to 3 is correct. State Finance Commission is draw a monitorable fiscal reforms programme, be aimed at reduction of revenue deficit of the It also devises a scheme for providing an local bodies within the ambit of devolution is, linked to progress in implementing the takes into account the measures and the extent to local bodies have imple

21. #181Practice set
    Consider the following statements regarding Union Territories in India: 1. President has power to establish a separate high court for any union territory. 2. Delhi is the only union territory that has a separate high court of its own, which is not shared with any other state or union territory. 3. Union Territory of Lakshadweep comes under the jurisdiction of Madras High Court.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (D) None
    Explanation

    Option d is the correct National Legal Services Authority under the Legal Services Authorities to monitor and evaluate implementation of legal l is incorrect: NALSA is a realization of given in the Directive Principles of State Fundamental Duties). Article of the India provides for free legal aid to the poor and of the society and ensures justice for 2 is incorrect: The Chief Justice of India Patron-in-Chief and the Senior most Hon'ble Court of India is the Executive Chairman of

22. #182Practice set
    The Constitution of India provides for establishment of an Administrative Tribunal as a part of special provisions related to the state of Telangana. In this context, which of the following statements is/are correct regarding the aforementioned tribunal? 1. The Governor of the State is empowered to establish the Tribunal. 2. The tribunal functions outside the purview of the state High Court. ok 3. The power to abolish the Tribunal lies with the President.Select the correct answer using the code given below
    • A1 and 2 only
    • B1 and 3 only
    • C2 and 3 only
    • D1, 2 and 3
    Answer: (C) 2 and 3 only
    Explanation

    Option c is the correct answer. Statement l is incorrect. The President may provide for the establishment of an Administrative Tribunal in the state to deal with certain disputes and grievances relating to appointment, allotment or promotion to civil posts in the state. Statement 2 is correct. The tribunal is to function outside the purview of the state High Court. No court (other than the Supreme Court) is to exercise any jurisdiction in respect of any matter subject to the jurisdiction of the tribunal. Statement 3 is correct. The President may abolish the tribunal when he is satisfied that its continued existence is not necessary

23. #183Practice set
    Which of the following tribal a s and thefr associated states is/are match ed? Tribal 1. Chakma district Mizoram 2. Karbi Anglong Tripura district f 3. Jaintia hills Meghalaya district 4. Mara district Manipur
    • A1, 2 and 3 only
    • B1 and 3 only
    • C3 and 4 only
    • D1, 2, 3 and 4
    Answer: (B) 1 and 3 only
    Explanation

    Option bis the correct 1 is correct. The Chakma Autonomous District an autonomous council for ethnic Chakma people, the sixth schedule to the Constitution of India 29, 1972. It is located in the state of Mizoram. exercises legislative, executive and judiciary allotted departments within the territory of the District Council. (CADC). CADC boundaries with Bangladesh and Myanmar u population of 45,307 which roughly constitutes half total ethnic Chakma population in 2 is incorrect. Karbi Anglong, is the largest Assam and comprises various tribal and ethnic the Kukis, Dimasas, Garos, Rengma Nagas, Karbis. Located in central Assam, it is an under the Sixth Schedule of the Indian is divided into two parts East Karbi Anglong West Karbi Anglong (WKA) with its at Diphu town in 3 is correct. Jaintia Hills Distric is in that was established in 1972 with headquarters at was taken from the United Khas

24. #184Practice set
    Consider the following statements with reference to the Union Territories of India: 1. The Supreme Court can establish a high court for a union territory or put it under the jurisdiction of the high court of adjacent state. 2. The Constitution does not contain any separate provisions for the administration of acquired territories.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeitherl nor 2
    Answer: (B) 2 only
    Explanation

    Option b is the correct 239 to 241 in Part VIII of the with the union territories. Even though all the belong to one category, there is no uniformity administrative l is incorrect: The Parliament (not the can establish a high court for a union territory or under the jurisdiction of the high court of adjacent 2 is correct: The Constitution does not separate provisions for the administration of But, the constitutional provisions for of union territories also apply to Option b is the correct Sixth Schedule of the Constitution of India allows formation of autonomous administrative have been given autonomy within their l is incorrect: The tribal areas in the four Assam, Meghalaya, Tripura and Mizoram have as autonomous districts. But they do not the executive authority of the state 2 is correct: Autonomous district councils to form courts to hear cases where both parties are of Scheduled Trib

25. #185Practice set
    Consider the following statements with reference to Autonomous Districts under 6th Schedule of Indian Constitution: 1. A State's executive authority does not extend over the Autonomous districts in tribal areas. 2. Autonomous district councils have powers to form courts to hear cases.Which of the above given statements 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. It is not free of cost. The fee PIL is Rs 50 per 2 is incorrect. A can be filed against a Govt., Municipal Authorities, not any Private party can be included in PIL as making concerned State Authority a party. PIL can't against a party 3 inc /1 citizen can file for FIL courts, The Supreme Court under Art 32 of the Indian Constitution. The High Court under Art 226 of the Indian Constitution. A magistrate's court under sec. 133 of the Criminal Procedure Code

26. #186Practice set
    to the National Commission for Backward Classes, consider the following statements: 1. The l 03rd Constitutional Amendment Act of 2018 conferred a constitutional status to the Commission. 2. The Central government is required to consult the Commission on major policy matters affecting the socially and educationally backward classes. 3. States cannot prepare their own list of socially and educationally backward classes without the permission of the Commission.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct National Commission for Backward Classes set up in 1993. The commission looks into matters of the socially and educationally backward 1 is incorrect. In the Manda! case the Supreme Court directed the central constitute a permanent statutory body to examine of under inclusion, overinclusion or non inclusion of any class of citizens in the list of Accordingly, the National Commission for (NCBC) was set up in 1993. Later, the Act of 2018 conferred a constitutional the Commission. For this purpose, the a new Article 338-B in the 2 is correct and Statement 3 is incorrect. of the Constitution mandates the central and to consult the NCBC on all major affecting the socially and educationally The 105 th Constitutional Amendment and union territories from this requirement related to preparation of their list of socially backward 105 th Constitutional Amendment enables state

27. #187Practice set
    to Indian Polity, which among the following are the institutional mechanisms available to counter/check corruption in India? 1. Supreme Court of India 2. Central Bureau of Investigation 3. Central Vigilance Commission 4. Lokpal 5. High Courts in IndiaSelect the correct answer using the code given below
    • A1 and 4 only
    • B2, 3 and 4 only
    • C1, 3, 4 and 5 only
    • D1, 2, 3, 4 and 5
    Answer: (D) 1, 2, 3, 4 and 5
    Explanation

    Option d is the correct has become major threat to good governance the world, and India is no exception. The put in place a well-developed legal and to check corruption in Framework includes: The major Institutions created by the governments legal and institutional framework are including Commission, Central Bureau of Lokpal at the National level; and Vigilance Bureaus and Lokayuktas' at the State Supreme Court's decision in Vineet Narain v. Union in 1998 became the foundation of the judicial to function as a bulwark against corruption in Supreme Court and the High Courts have the power a CBI probe without a State's consent into a allegedly committed within the State's under liberal interpretation of Article 32 (writ and quo warranto) and Article 142 of to effect major structural reform of the machinery. Similarly HC under article look into matters alleging corruption in public offices.

28. #188Practice set
    Consider the following statements regarding Election dispute. 1. Only the parliament can establish Tribunals for the adjudication of election disputes. 2. An appeal from such a tribunal lies directly to Supreme Court and not to high court.Which of the above statements 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. Article 323 B empowers or State legislature to establish a Tribunal for of election 2 is incorrect. In Chandra Kumar case, court declared that if any time an election established, an appeal from its decision lies to the

29. #189Practice set
    Consider the following statements with reference to the Anti-Defection Law: 1. Petition can be given by a member of the House to disqualify another member on grounds of defection. 2. The decision taken by presiding officer regarding disqualification arising out of defection, is not subject to Judicial review. 3. The law does not specify a time-period for the Presiding Officer to decide on a disqualification of members.How many of the above-given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (D) None
    Explanation

    Option d is the correct a is correct. The Law Commission of India is non-statutory body constituted by of India from time to time. It is an established by an order of the Government of b is correct. The Law Commission can suo-motu the reference of the government, undertake research and review of existing laws in India for making and enacting new c is correct. It is an advisory body to the its recommendations are not binding upon d is incorrect. The Union Minister of Law is not the ex-officio Chairman of the and Legislative Secretaries in the Law Ministry are members of the commission

30. #190Full-length test
    With reference to the Constitutional benrh of the Supreme Court, consider the statements: 1. According to the Constitution, this bench should comprise a minimum of five judges to decide any substantial question of law { } 2. According to the Constitution, matters referred by the President under Article 143 must be heard by the Constitutional bench. 3. All proceedings by such benches are considered to be full court meetings of Supreme Court. Bow 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 a matter of law arises that requires a provision Constitution to be interpreted it is required to be a bench involving a minimum of five judges of Court and such a Bench is called 1 is correct: Article 145 of the constitution with the rules of the court, provides for the setting a. Constitution Bench. Article says a five judges need to sit for deciding a case involving question of law as to the of 2 is correct: Article 143 of the the President to seek the opinion of the on any question of law or fact of public has arisen, or which is likely to arise. Article that a minimum of five judges need to sit for reference under Article 143, thus cases referred by to the Supreme Court must be considered by 3 is incorrect: A full court meeting literally o.ne which is attended by all the judges of the court. Whereas constitutional benches can be formed with minimum five Supre

31. #191Full-length test
    Consider the following statetnents with reference to the Special Leave petition: 1. It can be granted against any judgment or order of any Court/tribunal in the territory of India. 2. It is a discretionary power vested only with the Supreme Court. 3. It is granted by the Court only in matters of constitutional importance.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    a is the correct 1 is incorrect. Article 136 of the constitution provides the aggrieved party a special permission to in the Supreme Court, in appeal against any order of any Court/tribunal in the territory of military tribunal and court martial.) 2 is correct. It is discretionary power the Supreme Court of India. Hence, only the (and not High Courts) is authorized to grant in special leave to appeal from a 3 is incorrect. The special leave to appeal granted by the Supreme Court not only in matters importance, but also in any other to civil, criminal, income-tax, labour, etc

32. #192Full-length test
    Which one of the following statements best describes the power of Supreme Court of India as a 'Court of Record'?
    • ASupreme Court can examine the constitutionality of legislative enactments of both the Central and state governments
    • BSupreme Court can review its own judgement and is not bound by its previous decision
    • CSupreme Court's judgments are considered as legal precedents and are binding on all other courts in India
    • DSupreme Court is authorized to withdraw the cases pending before the high courts and dispose them by itself
    Answer: (C) Supreme Court's judgments are considered as legal precedents and are binding on all other courts in India
    Explanation

    Option c is the correct a Court of Record, the Supreme Court has two powers

33. #193Full-length test
    Consider the following statements about the High Courts in India: 1. Article 142 of the Constitution empowers the High Courts to pass such decree or make such order as is necessary for doing complete justice in any matter pending before it. 2. The Jurisdiction of a High Court over a Union Territory can be changed only by Parliament. 3. Additional Judges to a High Court can be appointed by the President.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 1 is incorrect: Article 142 of the Supreme Court (and not the High Courts) the exercise of its jurisdiction, Supreme Court may decree or make order as is necessary for { } justice in any cause or matter pending before it, and. any decree so passed or orders so made shall be enforceable the territory of India in such manner as by or under any law made by Parliament provision in that behalf is so made, in such manner President may by orderprestribe. Statement correct: Under Article 241 Constitution, the power to include or exclude i from the jurisdiction of a High lies with 'the Parliament alone who 3 is correct: Under Article 224, the to High Court, as well as Acting Judges are High Courts by ordetofthe President only India or the Chief Justice of the High Court are not involved unlike appointment of judges in HCs)

34. #194Full-length test
    Consider the following statements regarding the District Legal Services Authorities (DLSA): 1. State Government, in consultation with the Chief Justice of the High court, constitutes DLSA for each district. 2. The strength of DLSA is pr_escribed by the High Court of the State in which it is constituted. Testb o o k { } 3. One of the functions of DLSA is to organize Lok Adalat within the District.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 1 is correct: The State Government with the Chief Justice of the High st District Legal Services Authority (DLSA), district in the State. They provide various legal conduct awareness programmes. They also help the burden on courts by regulating the Lok by NALSA Statement 2 is incorrect: There are.a total of 676 Services Authorities (DLSAs) in the headed by the District Judge who acts as Chairman authority and strength of other members as the State Government. There,is no role of High this matter. Through DLSAs and State Legal (SLSAs), various legal aid and are implemented by NALSA. The District Authority is situated in the District Courts 3 is correct: It shall be the duty of Authority to perform such of the functions of Legal Services Authority in the District as may be to it from time to time by the State Authority'. Authority may perform all or any of the namel

35. #195Full-length test
    Which of the following is not recognized as a principle of natural justice in its general sense?
    • ANo one shall be a judge in deciding his/ her own case
    • BEach party should be given the opportunity to be heard
    • CNo person shall be deprived of his personal property in any situation
    • DEach party has the right to know every reason and decision made by the authority
    Answer: (C) No person shall be deprived of his personal property in any situation
    Explanation

    Option c is the correct justice is an expression of English and involves a procedural requirement of Natural Justice implies fairness, reasonableness, equality. It represents higher procedural by judges which every administrative agency in taking any decision advers.ely affecting the private individual. It has been defined as the natural what is right and wrong. This principle is based on one shall determine his own cause. It is popularly the rule against bias. It. is the minimal requirement justice that the authority giving decision composed of impartial persons acting fairly, and bias. So, statement a is decision, which states that the order, decision of the court given by the presiding valid and reasonable The party to Jcnow and every reason and the by the authority. So, statement d is one should be convicted without a hearing means must be heard before passing any order. As per law b

36. #196Full-length test
    Consider the following statements with reference to Special Leave Petition (SLP): 1. It is a discretionary power of the Supreme court of India. 2. It can be granted by the Supreme Court only after a final judgement has been passed by a lower court. 3. It must be related to constitutional matters only. 4. It can be granted against any court or tribunal including military courts.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • COnly three
    • DAll four
    Answer: (A) Only one
    Explanation

    Option a is the correct leave petition is a power of Supreme Court of by the Constitution of India under Article special power to Supreme Court to grant special appeal against any judgement or order or decree in or cause passed or made by any court/tribunal in of 1 is correct. Special Leave Petition (SLP) discretionary power of Supreme Court and cannot as a matter of 2 is incorrect. Special leave petition can in any matter whether final or interlocutory court (the judgement need not be 3 is incorrect. Special leave petition may to any matter-constitutional, civil, labour, revenue, advocates, 4 is incorrect. Special leave petition can against any court or tribunal but not against court

37. #197Full-length test
    Which of the following provisions of the Constitution ensures independence of the Judiciary in India? 1. The Parliament cannot in any way alter the jurisdiction of the Supreme Court of India. 2. The officers and servants of the Supreme court and High courts are appointed by the concerned Chief Justices. 3. The judges of the High court and Supreme court cannot be removed from office unless the Parliament passes an impeachment motion for the same. 4. Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge is being carried out.Select the correct answer using the code given below
    • A1 and 2 only
    • B2, 3 and 4 only
    • C2 and 3 only
    • D1, 2, 3 and 4
    Answer: (B) 2, 3 and 4 only
    Explanation

    Option b.is the correct has a unified judicial system Le., one hiernrchy wi.th the Supreme Cmiurt as the highest court High courts and Subordinate courts. Certain the constitution protect Judiciary from the executive or legislative branch of the Gov, rnment, ensuring the independence of l is incorrect: According to A 138( 1) Constitution of India, the Parliam jurisdiction and power of the Su court to any of the in t 1 l ii.st. Parliament cannot curtail (1'.1 of the Supreme comt d hy lhi? India. So, it is '.Alter' of Supreme couri 2 is correct: As per Articles 146 and 229 Indian constitut. for the concerned of the Supreme Court and High courts appoint the officers and servants of the Court. along with others ensures the independence in 3 is correct: The Supreme Court and high have been granted tenure security. They cannot from their positions other than by presidential even then, only on

38. #198Full-length test
    Who among the following can make provisions for discharge of functions of Governor in any contingency not provided in the constitution?
    • APresident
    • BParliament of India
    • CState Legislatures
    • DChief Justice of India the context of Indian Constitution
    Answer: (A) President
    Explanation

    Option a is the correct Indian Constitution provides for the single system with the Supreme court at the top the high court and the Subordinate courts. The high the in the judicial administration of a a is correct: As per Article 216 of the the power to increase the number of judges courts is vested in the President of India. The increase the number of judges in the Supreme courts in the Parliament (as per Article Constitution does not specify the strength of court and leaves it to the discretion of the the President determines the strength of a from time to time depending upon its workload

39. #199Full-length test
    to Chief Justice of India (CJI), consider the following statements: 1. S/he can appoint an acting Chief Justice in case he or she is unable to perform the duties of his or her office. 2. S/he can appoint a judge of a High Court as an ad hoc judge of the Supreme Court for a temporary period. 3. S/he can request a retired judge of the Supreme Court to act as a judge of the Supreme Court for a temporary period.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone f oru { }
    Answer: (B) Only two
    Explanation

    Option b is the correct 124 deals with the Establishment and constitution Supreme l is incorrect: The President of India a judge of the Supreme Court as an acting of India when

40. #200Full-length test
    Consider the following statements regarding the transfer of judges of the High Courts: 1. A judge of a High Court can be transferred to another High Court, either in the public interest or as a punishment. 2. In case of the transfer of high court judges, the of India need not consult any other judge.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBothl and 2
    • DNeither 1 nor 2
    Answer: (D) Neither 1 nor 2
    Explanation

    Option d is the correct are some exceptions to the fundamental of them are discussed l is correct: A law can provide that the an office related to religious or denominational a member of its governing body should belong to religion or denomination. Tbii. law is the article 16 of the Indian constitutl.on which equality of opportunity for all citizens in matters or appointment to any office under the 2 is correct: The state is empowered to special provision for the advancement of the or the scheduled tribes regarding their educational institutions including private whether aided or unaided by the state, minority educational institutions. This is the Article 15 which provides that the State shall against any citizen on grounds only of caste, sex or place of 3 is correct: Article 23 prohibits traffic in begar (forced labour) and other similar forms labour. However, Article 23 also provides f

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