Judiciary & Legal, Issues etc.

Total Questions: 62

1. The power of the Supreme Court of India to decide disputes between the Centre and the State falls under its: [1996]

Correct Answer: (c) original jurisdiction
Solution:According to Article 131, The SC has original jurisdiction in any dispute (a) between the Government of India & one or more States; or (b) between the Government of India and any State or States on one side and one or more States on the other, or (c) between two or more States.

Exclusive original jurisdiction extends to 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.

2. When the Chief Justice of a High Court acts in an administrative capacity, he is subject to: [1996]

Correct Answer: (a) the writ jurisdiction of any other judges of the High Court.
Solution:Article-226 of the constitution empowers a high court to issue writs.
Also when the chief justice of a High court acts in an administrative capacity, be is subject to the writ jurisdiction of any other judges of the High court.
Writ Jurisdiction
  • As per Article 226 of the Indian Constitution, the High Court is empowered to issue writs for the enforcement of Fundamental Rights and any ordinary legal right.

  • The writ jurisdiction of the High Court is not exclusive but concurrent with the writ jurisdiction of the Supreme Court.

    • It means, when the fundamental rights of a citizen are violated, the aggrieved party has the option of moving either the High Court or the Supreme Court directly.

  • However, the writ jurisdiction of the High Court is wider than that of the Supreme Court.

    • While the Supreme Court can issue writs only for the enforcement of fundamental rights, the High Court can issue writs for the enforcement of Fundamental Rights as well as any ordinary legal right.

3. According to the Constitution of India the term 'district judge' shall not include: [1996]

Correct Answer: (c) tribunal judge
Solution: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.
  • A tribunal is a quasi-judicial institution that deals with the resolution of disputes pertaining to administration, taxation, environment, securities, etc.
  • Tribunals in India are adjudicatory bodies that serve as an alternative to the traditional court system.
  • Tribunals were established to provide swift, cost-effective, and decentralized resolution of disputes across various issues.
  • It performs a number of functions like adjudicating disputes, determining rights between contesting parties, making an administrative decision, reviewing an existing administrative decision, and so forth.

4. Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R). [1997]

Assertion (A): Wilful disobedience or non-compliance of Court orders and use of derogatory language about judicial behaviour amount to Contempt of Court.

Reason (R): Judicial activism cannot be practised without arming the judiciary with punitive powers to punish contemptuous behaviour.

In the context of the above two statements which one of the following is correct?

Correct Answer: (b) Both A & R are true but R is not the correct explanation of A
Solution:Assertion and Reason as independent statements are true but does not explain each other.

Judicial setivism refers to the judicial philosophy that is sometimes referred to as "legislating from the bench". Judicial activists believe that it is acceptable to rule on lawsuits in a way that leads to a preferred or desired outcome, regardless of the law as it is written.

5. The Supreme Court of India tenders advice to the President on a matter of law or fact: [2001]

(a) on its own initiative
(b) only if he seeks such advice
(c) only if the matter relates to the Fundamental Rights of citizens
(d) only if the issue poses a threat to the unity and integrity of the country

Correct Answer: (b) only if he seeks such advice
Solution:According to Article 143: If the President deems a question of significant public importance, it may be referred to the Supreme Court for its opinion.

This differs from regular adjudication as there is no litigation between parties, and the Supreme Court's opinion is advisory and non-binding. The Government may consider the opinion but is not obligated to follow it.

6. Consider the following statements regarding the High Courts in India: [2001]

1. There are eighteen High Courts in the country.

2. Three of them have jurisdiction over more than one state.

3. No Union Territory has a High Court of its own.

4. Judges of the High Court hold office till the age of 62.

Which of these statements is/are correct?

Correct Answer: (d) 4 only
Solution:AT the time when question was asked, there were 21 hights in India. Six (Bombay, Calcutta, Guahati, Kerala, madras and Punjab & Haryana) of them have jurisdication over more than one state. National Capital Territory of Delhi has High Court of its own.

Goa, Arunachal Pradesh, Mizoram and Nagaland does not have its own high court. There were 25 High Courts in India at Present. ELSOURCE

7. The salaries and allowances of the Judges of the High Court are charged to the: [2002]

Correct Answer: (d) Consolidated fund of the State
Solution:The salaries and allowances of the Judges of the HC are charged to the Consolidated Fund of the state but their pensions are payable as Charged Expenditure /Art 112(3).

The salaries, allowances, privileges, leave, and pension of the judges of the High Court are determined by the Parliament from time to time.

  • They cannot be varied to their disadvantage after their appointment except during a Financial Emergency.

8. 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: [2003]

Correct Answer: (c) The Parliament
Solution:Such is the prerogative of the Parliament.
  • The Constitution of India grants extensive jurisdiction and powers to the Supreme Court. Its jurisdiction covers original, appellate, and advisory functions, allowing it to settle disputes, hear appeals, and provide legal guidance to the government.
  • Original Jurisdiction (Article 131): The Supreme Court has the exclusive authority to hear disputes between the Government of India and one or more states or between two or more states.
  • However, it does not cover disputes arising from treaties or agreements made before the Constitution's commencement.
  • Appellate Jurisdiction: The Supreme Court's appellate jurisdiction allows it to hear appeals from High Court judgments involving significant constitutional or legal questions (Articles 132 and 133). In criminal cases, it can review High Court decisions, especially where death sentences are involved (Article 134).
  • Additionally, the Court has the discretion to grant special leave to appeal from any court or tribunal except in matters related to the Armed Forces (Article 136).
  • Advisory Jurisdiction (Article 143): The President can ask the Supreme Court for advice on important legal or factual matters of public interest or issues related to pre-constitutional agreements or treaties.
  • Writ Jurisdiction (Article 32): The Supreme Court has the power to issue directions, orders, or writs, including writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to enforce fundamental rights.
  • Court of Record: Under Article 129, the Supreme Court acts as a Court of Record with all of the powers of such a Court, including the authority to punish for contempt of itself.
  • Power of Judicial Review: The Supreme Court has the authority to conduct judicial review, allowing it to determine the legality of legislative and executive actions taken by the federal and state governments.

9. Which one of the following High Courts has the Territorial Jurisdiction over Andaman and Nicobar Islands? [2003]

Correct Answer: (b) Kolkata
Solution:The U.T. of Andaman and Nicobar Islands comes under the jurisdiction of high court of Calcutta under its extended jurisdiction Act 1953.
Territorial Jurisdiction of High Court
  • The Constitution of India provides for a High Court for each State.

  • However, the 7th Constitutional Amendment Act of 1956 authorized the Parliament to establish a common High Court for two or more States or for two or more States and a Union Territory. For example-

    • The Union Territories of Jammu and Kashmir and Ladakh have a common High Court.

  • The territorial jurisdiction of a High Court is co-terminus with the territory of a State.
  • The territorial jurisdiction of a common High Court is co-terminus with the territory of a State as well as a Union Territory.
  • The Parliament can extend the jurisdiction of a High Court to any Union Territory or exclude the jurisdiction of a High Court from any Union Territory.

10. Consider the following statements: [2004]

1. The highest criminal court of the district is the Court of District and Session Judge

2. The District Judge are appointed by the Governor in consultation with the High Courts.

3. A person to be eligible for appointment as a District Judge should be an advocate or a pleader of seven years' standing or more, or an officer in judicial service of the Union or the State.

4. When the sessions judge awards a death sentence, it must be confirmed by the High Court before it is carried out.

Which of the statements given above are correct?

Correct Answer: (d) 1, 2, & 4
Solution:According to Article 233-(1) Appointments of persons to be a district judges in any State shall be made by the Governor of the State in consultation with the High Court; (2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.

Hence, Statement 2 is correct and statement 3 incorrect. A Sessions Judge or Additional Sessions Judge can pass any lawful sentence, but a death sentence requires High Court confirmation.

The District and Session Judge's court is the highest criminal and civil court in a district, with the district judge being the highest judicial authority in that district.

Hence, Statements 1 & 4 are correct. Since mismatch among the options, no correct answer can be drawn.