Judiciary (Indian Polity)

Total Questions: 32

11. According to the Constitution of India a Judge of the Supreme Court cannot be removed from office except by an order of the: [S.S.C. Online CHSL (T-I) 05.08.2021 (Shift-I)]

Correct Answer: (a) President
Solution:A Judge of the Supreme Court cannot be removed from office except by an order of the President.

Removal of Judges:

Article 124(4) and the Judges Inquiry Act 1968 determine the procedure of removal of the judges:

  • A motion of impeachment addressed to the President is to be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha and then delivered to the Speaker of Lok Sabha or the Chairman of Rajya Sabha.
  • The motion is to be investigated by a Committee of 3 judges of the Supreme Court and a distinguished jurist.
  • If the Committee finds the judge guilty of misbehavior or that he suffers from incapacity, the motion along with the report of the committee is taken up for consideration in the House where motion was moved.
  • The judge is then removed by the requisite majority, i.e. majority of total and 2/3 of its members present and voting.

12. Which of the following was the first High Court established in India? [S.S.C. Online CHSL (T-I) 6.08.2021 (Shift-III)]

Correct Answer: (d) Calcutta
Solution:The Calcutta High Court has the distinction of being the first High Court and one of the three Chartered High Courts to have been set up in India, along with the High Courts of Bombay, Madras.

13. Article 222 of the Indian Constitution "Transfer of a Judge from one High Court to another" deals with? [S.S.C. Online CHSL (T-I) 23.01.2017 (Shift-I)]

Correct Answer: (c) the State Government
Solution:Article 222 of the Constitution of India, 'Transfer of a Judge from one High Court to another' deals with Chapter V of the Part VI State of the Constitution of India, High Court of the States.

Article 222 in Constitution of India

222. Transfer of a Judge from one High Court to another

(1). The President may, on the recommendation of the National Judicial Appointments Commission referred to in article 124A, transfer a Judge from one High Court to any other High Court .
(2). When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.

Whereas Articles from 12 to 35 of Part III of the Indian Constitution deals with the fundamental rights of Indian citizens, Part IV from Articles 36 to 51 deal with Directive Principles of State Policy and. Part V deals with the Union. Article 228 'Transfer of certain matters to the High Court' deals with the State Government.

14. Article 228 of the Indian Constitution "Transfer of certain cases to High Court" deals with_______. [S.S.C. Online CHSL (T-I) 29.01.2017 (Shift-II)]

Correct Answer: (b) the State Government
Solution:Article 222 of the Constitution of India, 'Transfer of a Judge from one High Court to another' deals with Chapter V of the Part VI State of the Constitution of India, High Court of the States.

Article 228 in Constitution of India

228. Transfer of certain cases to High Court

If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the de termination of which is necessary for the disposal of the case,it shall withdraw the case and may--

(a). either dispose of the case itself, or
(b). determine the said question, of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.

15. With reference to the power of the Supreme Court of India, what is meant by "judicial review"? [S.S.C. Online Constable GD 19.02.2019 (Shift-II)]

Correct Answer: (d) It checks the constitutionality of any law passed by the Parliament.
Solution:

Meaning of Judicial Review

  • Judicial review refers to the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.
  • If on examination, the judiciary finds them violative of the Constitution (ultra vires), it declares them illegal, unconstitutional, and invalid (null and void).
    • Consequently, they cannot be enforced by the government.

16. Who appoints the Chief Justice of India? [S.S.C. Online MTS (T-I) 2.08.2019 (Shift-II)]

Correct Answer: (d) President
Solution:The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution.

Article 124

  • The Constitution of India does not mention any procedure for appointing the CJI.
    • Article 124 (1) of the Constitution merely says, “There shall be a Supreme Court of India consisting of a Chief Justice of India.”
  • Clause (2) of Article 124 of the Constitution says that every Judge of the Supreme Court shall be appointed by the President.
    • Thus, in the absence of a constitutional provision, the procedure to appoint CJI relies on convention

Who can become the Chief Justice of India?

  • Apart from being an Indian citizen, the person must:
    • Have been for at least five years a Judge of a High Court or of two or more such Courts in succession or
    • Have been for at least ten years an advocate of a High Court or of two or more such Courts in succession, or
    • Be, in the opinion of the President, a distinguished jurist.

17. Decisions given by the Supreme Court of India are binding on_____. [S.S.C. Online MTS (T-I) 13.08.2019 (Shift-I)]

Correct Answer: (d) All courts in India
Solution:

Article 141 in Constitution of India

141. Law declared by Supreme Court to be binding on all courts

The law declared by the Supreme Court shall be binding on all courts within the territory of India.

18. Which is the largest Court of Appeal in India? [S.S.C. Online MTS (T-I) 13.08.2019 (Shift-I)]

Correct Answer: (c) Supreme Court
Solution:As the highest court in India, the Supreme Court's judgments are binding on all other courts in the country. It serves both as the final court of appeals and final interpreter of the Constitution.

19. As per Article______ of the Constitution of India, English is the official language for all the High Courts in the country. As per Article___________ of the Constitution of India, English is [S.S.C. Online CGL (T-I) 17.08.2021 (Shift-III)]

Correct Answer: (d) 348(1)
Solution:As per Article 348 (1) of the Constitution of India, English is the official language for all the high courts in the country

Article 348 (1) stipulates the use of English in the Supreme Court and High Courts as well as for drafting Bills, Acts and Orders.

Article 348(2) read with Section (7) of the Official Languages Act 1963 provides for Hindi or other official languages to be used in High Courts "in addition to English".

20. In which of the following year, the Supreme Court was established in Calcutta by the East India Company? [S.S.C. Online CHSL (T-I) 19.04.2021 (Shift-I)]

Correct Answer: (a) 1774
Solution:

The Supreme Court of Judicature at Fort William in Calcutta, established in 1774 by the Regulating Act of 1773, was the first attempt at a separate and independent judicial system in British India, with Sir Elijah Impey as its first Chief Justice.