Answer is (1) for the MCQ on Judiciary

Article 222 empowers the President to transfer judges from one High Court to another. Clause (2) of this article goes on to provide that when a judge is so transferred he shall be entitled to receive in addition to his salary a compensatory allowance. It is felt that there is no real justification for granting such an allowance and it is accordingly proposed to omit clause.

Answer is (3) for the MCQ on Judiciary

Part XI of the Indian constitution defines the power distribution between the federal government (the Centre) and the States in India. This part is divided between legislative and administrative powers. The legislative section is divided into three lists: Union list, States list and Concurrent list. Concurrent list consists of 52 items (previously 47 items). Uniformity is desirable but not essential on items in this list: Marriage and divorce, transfer of property other than agricultural land, education, contracts, bankruptcy and insolvency, trustees and trusts, civil procedure, contempt of court, adulteration of foodstuffs, drugs and poisons, economic and social planning, trade unions, labour welfare, electricity, newspapers, books and printing press, stamp duties.

The Kerala High Court in 1997 declared that bandhs are unconstitutional. Freedom is seen as the will and aspiration of an individual to live without suppression or duress. Apart from being a huge blow to economy, they throw normal life out of gear, infringing upon the very concept of freedom.

Answer is (3) for the Judiciary MCQ

According to Article 71 of the Constitution, all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court. Further, according to section 14 of the Presidential and Vice-Presidential Elections Act, 1952, an election petition can be filed before the Supreme Court.

Answer is (2) for the MCQ on Judiciary

Indian laws have always recognized the workers’ right to strike. The Supreme Court of India has invariably maintained the “right to strike” as not a fundamental right, but a legal right that workers can exercise as part of collective bargaining, wage bargaining and dispute resolution. However, several court rulings have also been in opposition to the right to strike, be it by political parties or trade unions. Some favourable court rulings on the workers’ right to strike are: the Gujarat Steel Tubes v. Mazdoor Sabha AIR 1980 SC 1896, where the right to strike was held as integral to collective bargaining and as supported by social justice. Indian laws comprising sections 22, 23, and 24 of the Industrial Disputes Act, 1947 imply that industries, such as hospitals, government departments, educational institutions and clubs, have the right to strike. Strikes may be legal or illegal, based on the procedure for strike, and it is decided by the judiciary.

Answer is (3) for the Judiciary MCQ

In every district there are civil courts and criminal courts. Under criminal courts, there are courts of the District and Sessions Judge, Additional Sessions Judges, Assistant Sessions Judge and the courts of the first class magistrates. The District and Sessions judge may pass any legal sentence but a death sentence is subject to confirmation by the High Court. An Assistant-sessions Judge has the power to sentence a person to ten years imprisonment. A first class Magistrate may pass a sentence of imprisonment not exceeding two years or a fine not exceeding one thousand rupees.

Answer is (2) for the MCQ on Judiciary

The High Court has the original jurisdiction to hear petition and give decision challenging election of the Lok Sabha/ Vidhan Sabha.

8. Who is empowered to transfer a Judge from one High Court to another High Court?

(1) Chief Justice of India

(2) President of India

(3) Law Minister of India

(4) The Union Cabinet

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Answer is (2) for the MCQ on Judiciary

Article 222 empowers the President to transfer judges from one High Court to another. Clause (2) of this article goes on to provide that when a judge is so transferred he shall be entitled to receive in addition to his salary a compensatory allowance.

Answer is (3) for the MCQ on Judiciary

Administration of justice is the primary function of the judiciary. However, the judiciary performs certain other function too. These functions may be judicial in character but some of these functions are non-judicial in nature. Firstly, when a dispute is brought before a court, it is the responsibility of the court to ‘determine the facts’ involved. The usual manner in which the courts determine the facts is through evidence given by the contestants. Once the facts have been established, the court proceeds to decide what law is applicable to a particular controversy or circumstance. Herein the judiciary becomes the interpreter of laws, which is the prime function of the judiciary. So the major task of the judiciary is to ‘determine’ the facts of laws and to apply them to particular circumstance.

Answer is (3) for the MCQ on Judiciary

Article 101 deals with remuneration of Judges of the Supreme Court. It states that the salaries payable to the Judges of the Supreme Court under this Constitution shall be charged on and paid out of the Consolidated Fund. The following expenditure are charged on the Consolidated Fund of India: the emoluments and allowances of the President and other expenditure relating to his office; the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People; debt charges for which the Government of India is liable; the salary, allowances and pension payable to or in respect of the Comptroller and Auditor General of India; etc.

Answer is (1) for the Judiciary MCQ

A judge of the Supreme Court can be removed by the President from his position only on the ground of proved misbehavior or incapacity if a resolution in this regard is passed by the Parliament supported by two-thirds of the members present and voting in each Hose and the majority of the total membership of each House. The President may remove a judge of a High Court on the ground of “proved misbehavior” or “incapacity.”

Answer is (2) for the MCQ on Judiciary

The Calcutta High Court is the oldest High Court in the country, established on 2 July, 1862. Madras High Court in Chennai, Bombay High Court in Mumbai, Calcutta High Court in Kolkata are the first three High Courts in India.

Answer is (3) for the MCQ on Judiciary

The Supreme Court has been given the power to decide whether a law passed by the Parliament or the State legislatures and the executive decisions taken by the Central or State government is constitutional or not. If such a law or executive decision is found unconstitutional, then it can declare it as invalid.

Answer is (1) for the MCQ on Judiciary

The basic structure doctrine was first articulated by Justice Hans Raj Khanna in the landmark decision of Kesavananda Bharati vs. State of Kerala (case citation: AIR 1973 SC 1461). Previously, the Supreme Court had held that the power of parliament to amend the constitution was unfettered. However, in this landmark ruling, the court adjudicated that while parliament has “wide” powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution.

Answer is (4) for the Judiciary MCQ

Under various Central and State enactments, the High Court has been conferred with appellate as well as revisional jurisdiction. Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years [has been passed against him or against any other person convicted at the same trial]; may appeal to the High Court.

Answer is (4) for the MCQ on Judiciary

The Supreme Court has original, appellate and advisory jurisdiction under Articles 32, 131–144 of the Constitution. The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Articles 132(1), 133(1) or 134 of the Constitution in respect of any judgment, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. The court has exclusive original jurisdiction over any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.

Answer is (2) for the Judiciary MCQ

The appointment and removal of the Judges of the High Courts are governed by Article 217 of the Indian Constitution. Clause (1) of Article 217 says that “every judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court and shall hold office, in the case of an additional or acting judge, as provided in Article 224, and in any other case, until he attains the age of sixty-two years”.

Answer is (3) for the MCQ on Judiciary

The Directive Principles have been used to uphold the Constitutional validity of legislations in case of a conflict with the Fundamental Rights. Article 31C, added by the 25th Amendment in 1971, provided that any law made to give effect to the Directive Principles in Article 39(b)–(c) would not be invalid on the grounds that they derogated from the Fundamental Rights conferred by Articles 14, 19 and 31. The application of this article was sought to be extended to all the Directive Principles by the 42nd Amendment in 1976, but the Supreme Court struck down the extension as void on the ground that it violated the basic structure of the Constitution. Minerva Mills Ltd. and Ors. v. Union Of India and Ors. (case citation: AIR 1980 SC 1789) is a landmark decision of the Supreme Court of India that applied and evolved the basic structure doctrine of the Constitution of India. Section 4 of the 42nd Amendment, had amended Article 31C of the Constitution to accord precedence to the Directive Principles of State Policy articulated in Part IV of the Constitution over the Fundamental Rights of individuals articulated in Part III. By a verdict of 4-1, with Justice Prafulla Chandra Natwarlal Bhagwati dissenting, the court held section 4 of the 42nd Amendment to be unconstitutional.

Answer is (2) for the Judiciary MCQ

The Constitution of India mentions certain conditions for a person to be eligible for being a judge of the Supreme Court of India. In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for at-least five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least 10 years or he must be, in the opinion of the President, a distinguished jurist.

Answer is (3) for the MCQ on Judiciary

Judicial review is adopted in the Constitution of India from the Constitution of the United States of America. In the Indian constitution, Judicial review is dealt with under Article 13. Judicial Review refers that the Constitution is the supreme power of the nation and all laws are under its supremacy. The Supreme Court of India while interpreting a law will not itself legislate. It will not question the reasonableness of any law except where the constitution has expressly authorised the court to exercise the power. Normally, it works according to procedure established by law.

Answer is (2) for the Judiciary MCQ

Supreme Court Judges retire at the age of 65. A judge of Supreme Court can be removed from office only through the process of impeachment.

Answer is (1) for the MCQ on Judiciary

Pratiloma (hypogamy) marriage among Hindus was invalid while Anuloma (hypergamy) marriage was permitted till late 1940s. However, there were judicial decisions against the validity of such marriage. The 1949 Hindu Marriage Validity Act validated all marriages between parties belonging to different religions, castes sub-castes, or sects. But, it did not validate marriage between a Hindu and a Muslim.

Answer is (3) for the MCQ on Judiciary

Bombay High Court at Mumbai, Maharashtra, is one of the oldest High Courts of India with jurisdiction over the states of Maharashtra & Goa, and, the Union Territories of Daman and Diu and Dadra and Nagar Haveli. The High Court has regional benches at Nagpur and Aurangabad in Maharashtra and Panaji, Goa.

Answer is (1) for the MCQ on Judiciary

Article 71 of the Constitution of India, 1950, provides that all doubts and disputes relating to election of a President or Vice-President are required to be enquired into and decided by the Supreme Court. This provision comes under the original jurisdiction of the Supreme Court of India. The petition is heard by a five-member bench of the Supreme Court, which decides on the matter. The decision of the Supreme Court is final.

Answer is (3) for the Judiciary MCQ

Justice Leila Seth was the first woman judge on the Delhi High Court in 1978 and the first woman to become Chief Justice of a state High Court. In 1991, she was appointed the Chief Justice of Himachal Pradesh.

Answer is (3) for the MCQ on Judiciary

Justice Fathima Beevi was the first female judge of the Supreme Court of India whose tenure lasted from October 6, 1989, to April 29, 1992. The second was Justice Sujata V Manohar, from November 8, 1994 to August 27, 1999. The third was Justice Ruma Pal who became a Supreme Court judge in 2000 and continues to hold office.

Answer is (2) for the Judiciary MCQ

The Constitution is the supreme law of the land. Asserting the supremacy of the Constitution, the Supreme Court ruled in 2007 that it is the supreme law of the land and even the highest court of the country cannot deliver a judgment which violates it. The ruling was handed down by a bench, comprising Justices A.K. Mathur and Markandey Katju.

Answer is (2) for the MCQ on Judiciary

The Supreme Court has exclusive original jurisdiction over any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depend. In this capacity, it serves as the federal court of India.

Answer is (3) for the Judiciary MCQ

Mohammad Hidayatullah was the eleventh Chief Justice of India, serving from February 25, 1968 to December 16, 1970, and the sixth Vice-President of India, serving from August 20, 1977 to August 20, 1982. He also served as the Acting President of India from July 20, 1969 to August 24, 1969.

Answer is (3) for the MCQ on Judiciary

Right to equality is an important right provided for in Articles 14, 15, 16, 17 and 18 of the constitution. It is the principal foundation of all other rights and liberties. Article 14 of the constitution guarantees equality before law. It means that all citizens shall be equally protected by the laws of the country. It means that the State cannot discriminate any of the Indian citizens on the basis of their caste, creed, colour, sex, gender, religion or place of birth.

Answer is (3) for the Judiciary MCQ

The key function of the Judiciary is the adjudication of civil and criminal cases. In addition, it interprets the constitution and gives effect to its provisions, as well as providing the expertise in interpreting of the laws. Further, the Judiciary performs other related duties in promotion of human rights, social justice and morality.

Answer is (2) for the MCQ on Judiciary

Law developed in a court is often referred to as Case Law, or Common law. It can serve as a precedent. It serves as a guideline for future court cases, used as a reference point for similar decisions. In most countries, the term is applied to any set of rulings on law which is guided by previous rulings, for example, previous decisions of a government agency–that is, precedential case law can arise from either a judicial ruling or a ruling of an adjudication within an executive branch agency.

Answer is (1) for the Judiciary MCQ

Judges in a High Court are appointed by the President of India in consultation with the Chief Justice of India and the governor of the state. They are administered oath of office by the Chief Justice of the concerned state High Court.

Answer is (2) for the MCQ on Judiciary

The salary and pensions of a High Court Judge is charged on the Consolidated Fund of the State.

Answer is (4) for the MCQ on Judiciary

Justice Leila Seth was the first woman Chief Justice of High Court.

Answer is (1) for the Judiciary MCQ

As originally enacted, the Constitution of India provided for a Supreme Court with a Chief Justice and seven lower-ranking Judges – leaving it to Indian Parliament to increase this number. In the early years, a full bench of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and cases began to accumulate, Parliament increased the number of Judges from the original eight in 1950 to eleven in 1956, fourteen in 1960, eighteen in 1978, twenty-six in 1986 and thirty one in 2008. As the number of judges has increased, they have sat in smaller Benches of two or three (referred to as a Division Bench) – coming together in larger Benches of five or more (referred to as Constitutional Bench) only when required to settle fundamental questions of law.

Answer is (1) for the MCQ on Judiciary

Fundamental Rights

Answer is (2) for the MCQ on Judiciary

District judges administer justice in India at a district level. According to Article 235 of the Indian Constitution, they are under administrative control of the High Court of the State to which the district concerned belongs.

Answer is (3) for the Judiciary MCQ

The principle of separation of powers is the foundation for a democratic state based on the rule of law. The judicial power dispenses justice in disputes between citizens and government and its agencies. The presence of an independent judiciary in a democratic government distinguishes that system from a totalitarian one.

Answer is (1) for the MCQ on Judiciary

Judges in a High Court are appointed by the President of India in consultation with the Chief Justice of India and the governor of the state. The Constitution confers the power of appointment of judges on the President of India.

Answer is (3) for the Judiciary MCQ

The Supreme Court of India is the highest judicial forum and final court of appeal. According to the Constitution, the role of the Supreme Court is guardian of Constitution & that of a federal court.

Answer is (1) for the MCQ on Judiciary

The Regulating Act of 1773 established a supreme court at Fort William, Calcutta. It consisted of one Chief Justice and three other regular judges or Puisne Judges. Sir Elijah Imphey was the first Chief Justice of this Supreme Court. The Supreme Court was the supreme judiciary over all British subjects including the provinces of Bengal, Bihar and Orissa.

Answer is (3) for the Judiciary MCQ

An ordinary law is a normal law, generally distinguished from a constitutional law. It is made and enforced by the competent authorities of the State, and it determines the relations of the citizens to the State and to one another. An ordinary law requires only simple majority in Parliament.

Answer is (3) for the MCQ on Judiciary

Article 32 of the Indian Constitution confers the Right to Constitutional Remedies for the protection of Fundamental Rights contained in Part III. It states that the Supreme Court and High Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

Answer is (3) for the MCQ on Judiciary

According to Article 217 of Indian Constitution, a person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and l has for at least ten years held a judicial office in the territory of India; or l has for at least ten years been an advocate of a High Court or of two or more such Courts in succession.

Answer is (2) for the MCQ on Judiciary

Article 76 under the constitution of India provides for the office of the Attorney General for India who is the highest law officer in the country. As the chief law officer of the Government of India, the duties of the AG include the following:

l) To give advice to the Government of India upon such legal matters, which are referred to him by the president.

lI) To perform such other duties of a legal character that are assigned to him by the president.

IIl) To discharge the functions conferred on him by the Constitution or any other law.

Answer is (4) for the MCQ on Judiciary

The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. The Supreme Court “advises” the President by answering the query put before it. The advice given by the Supreme Court is not binding on the President, nor is it “law declared by the Supreme Court”, hence not binding on subordinate courts.

Answer is (2) for the MCQ on Judiciary

According to Article 13 under Indian Constitution, the Supreme Court has original jurisdiction in any dispute:

l) between the Government of India and one or more States; or

II) between the Government of India and any State of States on one side and one or more other States on the other; or

IIl) between two or more States. If and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.

Answer is (3) for the MCQ on Judiciary

Public Interest Litigation, or PIL, is defined as the use of litigation, or legal action, which seeks to advance the cause of minority or disadvantaged groups or individuals, or which raises issues of broad public concern. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court’s jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court.

Answer is (3) for the MCQ on Judiciary

The system of appointment of judges, their qualifications and the working of subordinate courts is under the direct control and supervision of the High Court of the State concerned. The High Courts, being mainly courts of appeal, hear appeals from numerous subordinate courts working at district level.