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Indian Judicial and Legal Systems

Description: Judiciary and Legal Rights
Number of Questions: 15
Created by:
Tags: Judiciary Legal Right Indian Judicial System Indian Polity Constitution of India Law
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The power of the Supreme Court of India to decide disputes between the Centre and states falls under its

  1. advisory jurisdiction

  2. appellate jurisdiction

  3. original jurisdiction

  4. constitutional jurisdiction


Correct Option: C
Explanation:

According to Article 131, the SC has original jurisdiction in any dispute – (a) between the Government of India and one or more states; or (b) between the Government of India and any state or states on one side and one or more other states on the other; or (c) between two or more states.

The salaries and allowances of the Judges of the High Court are charged to the

  1. consolidated fund of India

  2. consolidated fund of state

  3. contingency fund of India

  4. contingency fund of state


Correct Option: B
Explanation:

The salaries and allowances of the Judges of the HC are charged to the Consolidated Fund of state, but their pensions are payable as Charged Expenditure/Art 112(3).

According to the Constitution of India, the term ‘district judge’ shall not include

  1. chief presidency magistrate

  2. sessions judges

  3. tribunal judges

  4. chief judge of a small cause court


Correct Option: C
Explanation:

Under Article 236 of the Constitution, the term “district judge” includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge and assistant sessions judge and additional sessions judge.

When the Chief Justice of a High Court acts in an administrative capacity, he is subject to

  1. the writ jurisdiction of any other judges of the High Court

  2. special control exercised by the Chief Justice of India

  3. discretionary powers of the Governor of the state

  4. special powers provided to the Chief Minister


Correct Option: C
Explanation:

The administrative capacities of the Chief Justice of HC are defined under Article 229.

Which of the following High Courts has Territorial Jurisdiction over Andaman and Nicobar Islands?

  1. Andhra Pradesh

  2. Kolkata

  3. Chennai

  4. Odisha


Correct Option: B
Explanation:

The U.T. of Andaman and Nicobar Islands comes under the jurisdiction of High Court of Calcutta under its extended Jurisdiction Act 1953.

The Supreme Court of India tenders advice to the President of India on a matter of law or fact

  1. on its own initiative

  2. only if he seeks such advice

  3. only if the matter relates to the fundamental rights of citizens

  4. only if the issue poses a threat to the unity and integrity of the country


Correct Option: B
Explanation:

As per provisions under Article 143

The power to enlarge the jurisdiction of the Supreme Court of India with respect to any matter included in the Union List of Legislative Powers rests with

  1. the President of India

  2. the Chief Justice of India

  3. the Parliament

  4. the Union Ministry of Law, Justice and Company Affairs


Correct Option: C
Explanation:

Such is the prerogative of the Parliament.

According to Naitonal Human Rights Commission Act, 1993, who amongst the following can be its Chairperson?

  1. Any serving Judge of the Supreme Court

  2. Any serving Judge of the High Court

  3. Only a retired Chief Justice of India

  4. Only a retired Chief Justice of a High Court


Correct Option: C
Explanation:

According NHRC Act 1993, only a retired CJI can become chairperson of NHRC, appointed by President on the recommendation of a committee comprising of PM, Speaker of Lok Sabha, Home Minister, Leader of Opposition of both Sabha, Home Minister, Leader of Opposition of both Houses of Parliament and Deputy Chairman of Rajya Sabha

Consider the following statements:

  1. There are 25 High Courts in India.
  2. Punjab, Haryana and the Union Territory of Chandigarh have a common High Court.
  3. National Capital Territory of Delhi has a High Court of its own.

Which of the statements given above is/are correct?

  1. 2 and 3

  2. 1 and 2

  3. 1, 2 and 3

  4. 3 only


Correct Option: A
Explanation:

There were 21 High Courts in India; with three new states created in 2000, having their own High Courts (Chattisgarh at Bilaspur, Uttarakhand at Nainital and Jharkhand at Ranchi), the total number of HCs reached 24. Punjab, Haryana and Chandigarh have a common HC at Chandigarh. Delhi HC was established in 1966 and has jurisdiction over National Capital Territory of Delhi.

How many High Courts in India have jurisdiction over more than one state (Union Territories not included)?

  1. 2

  2. 3

  3. 4

  4. 5


Correct Option: B
Explanation:

Bombay HC (Maharashtra and Goa); Guwahati (Assam, Manipur, Meghalaya, Nagaland, Tripura, Mizoram and Arunchal Pradesh); Punjab and Haryana HC (Punjab and Haryana)

Consider the following statements:

  1. The Parliament cannot enlarge the jurisdiction of the Supreme Court of India as its jurisdiction is limited to that conferred by the Constitution.
  2. The officers and servants of the Supreme Court and High Courts are appointed by the concerned chief justice and the administrative expenses are charged on the consolidated fund of India and the consolidated fund of the concerned state.

Which of the statements given above is/are correct?

  1. 1 only

  2. 2 only

  3. Both 1 and 2

  4. Neither 1 nor 2


Correct Option: B
Explanation:

Statement (1) is not correct as according to Article 138(1) of the Constitution, Parliament can enlarge the jurisdiction and powers of the SC w.r.t. to any of the matters in the Union List.

Assertion A: In India, every state has a High Court in its territory. Reason R: The Constitution of India provides a High Court in each state.

  1. Both ‘A’ and ‘R’ are individually true and ‘R’ is the correct explanation of ‘A’.

  2. Both ‘A’ and ‘R’ are individually true, but ‘R’ is not the correct explanation of ‘A’.

  3. ‘A’ is true, but ‘R’ is false.

  4. ‘A’ is false, but ‘R’ is true.


Correct Option: D
Explanation:

Article 214 of the constitution says - There shall be a High court for each state. Therefore, Reason R is correct. But for twenty-nine states and seven Union Territories, we have only 24 High Courts.

Who was the Chief Justice of India when Public Interest Litigation (PIL) was introduced to the Indian judicial system?

  1. M. Hidayatullah

  2. A. M. Ahmadi

  3. A. S. Anand

  4. P. N. Bhagwati


Correct Option: D
Explanation:

P. N. Bhagwati was CJI between July 1985 - Dec 1986. During his tenure as CJI, PIL was introduced to the Indian judicial system.

Consider the following statements:

  1. A person who has held office as a permanent Judge of a High Court cannot plead or act in any court or before any authority in India except of the Supreme Court.
  2. A person is not qualified for appointment as a Judge of a High Court in India unless he has for at least five years held a judicial office in the territory of India.

Which of the statements given above is/are correct?

  1. 1 only

  2. 2 only

  3. Both 1 and 2

  4. Neither 1 nor 2


Correct Option: D
Explanation:

Statement 1 is incorrect because after retirement, a permanent judge of High Court shall not plead or act in a court or before any authority in India, except the SC and a HC other than the HC in which he had held his office (Act 220). Statement 2 is incorrect as according to Article 217, a person is not qualified for appointment as a judge of a High Court in India unless he has for at least ten years held a judicial office in the territory of India.

With reference to National Legal Services Authority, consider the following statements:

  1. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
  2. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country.

Which of the statements given above is/are correct?

  1. 1 only

  2. 2 only

  3. Both 1 and 2

  4. Neither 1 nor 2


Correct Option: C
Explanation:

The National Legal Services Authority(NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free legal services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes. In every state, state Legal Services Authority has been constituted to give effect to the policies and directions of NALSA, to give free legal services to the people and conduct Lok Adalats in the State.

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