Judiciary & Legal, Issues etc.

Total Questions: 62

11. According to the National Human Rights Commission Act. 1993, who amongst the following can be its Chairman? [2004]

Correct Answer: (c) Only a retired Chief Justice of India
Solution:According to NHRC Act 1993, only a retired CJI can become chairman 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 Houses of Parliament and Deputy Chairman of Rajya Sabha.
  • The National Human Rights Commission was established with several specific objectives aimed at enhancing the framework for addressing human rights issues in India. The key objectives are as follows:
  • To strengthen institutional arrangements that allow for a comprehensive and focused approach to addressing human rights issues.
  • To investigate allegations of excesses by authorities independently, demonstrating the government's commitment to safeguarding human rights.
  • To complement and bolster existing efforts aimed at promoting and protecting human rights.

12. Which one of the following is the correct sequence in the descending order of precedence in the warrant of precedence? [2004]

Correct Answer: (b) Judges of the Supreme Court-Deputy Chairman of Rajya Sabha-Attorney General of India-Members of the Parliament
Solution:President comes first, Vice-President second, Prime Minister third and Governors of states with in their respective
  • State comes fourth in the Warrant of Precedence. According to Indian order of precedence.
  • Judges of the Supreme Court Rank 9 Deputy Chairman of Rajya Sabha - Rank 10 Attorney
  • General of India Rank 11
  • Members of Parliament Rank 21

13. Consider the following statements: [2005]

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?

Correct Answer: (a) 2 and 3
Solution: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).

Punjab, Haryana and Chandigarh have a common HC at Chandigarh.

In the year 2013, three new High Courts in the northeast Meghalaya, Manipur and Tripura. were created taking the total number of High Courts in the country from 21 to 24.

National Capital Territory of Delhi has a High Court of its own which was established in the year 1966. As if 2024 there are 25 High courts in India.

14. Consider the following statements: [2006]

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.

Which of the statements given above is/are correct?

Correct Answer: (b) 2 only
Solution: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.

Whereas SC's jurisdiction w.r.t. to any other matter can be enlarged by a special agreement between Government of India and government of the concerned State.

15. Assertion (A); In India, every State has a High Court in its territory. [2006]

Reason (R): The Constitution of India provides a High Court in each State.

Correct Answer: (d) ' A' is false but R' is true.
Solution: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 25 High Courts.

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.

16. Who was the Chief Justice of India when Public Interest Litigation (PIL) was introduced to the Indian judicial system? [2006]

Correct Answer: (d) P. N. Bhagwati
Solution:PN Bhagwati was CJI during July 1985-Dec 1986. During his tenure as CJI, PIL was introduced to the Indian judicial system.

The following are some of the features of Public Interest Litigation (PIL) in India:

  • PIL has neither been defined in the Constitution nor in any Indian statute.
  • Constitutional provisions: The Supreme Court and the High Court under Articles 32 and 226 (authority to issue writs) of the Constitution, respectively, can hear a PIL petition submitted by any concerned individual.
  • Relaxation of locus standi rule: PIL in India was made possible by the relaxation of the requirement of "locus standi".
  • Different from traditional litigation: PIL is different from traditional litigation, which is adversarial in nature and involves disputes between two parties.
  • Proactive role of courts: In PIL, the role of the court is more proactive than in traditional actions and requires a more positive attitude in determining acts.
  • Flexibility: While PIL allows for greater flexibility in the procedure, it must still adhere to judicial procedure and principles.

17. Consider the following statements: [2006]

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 statement(s) given above is/are correct?

Correct Answer: (a) 1 only
Solution:Statement 1 is correct 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 (Art 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.

18. Consider the following statements: [2007]

1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court.

2. After retirement from the office, a permanent judge of a High Court cannot plead or act in any court or before any authority in India.

Which of the statements given above is/are correct?

Correct Answer: (a) 1 only
Solution:A Judge of the High Court can be removed from office through the same impeachment process as a Judge of the Supreme Court, both holding office during 'good behaviour as stipulated in Article 217(1). Statement 2 is incorrect. 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 (Art 220).

19. How many High Courts in India have jurisdiction over more than one State (Union Territories not included)? [2008]

Correct Answer: (b) 3
Solution:Bombay HC (Maharashtra & Goa); Guwahati (Assam, Manipur, Meghalaya, Nagaland, Tripura, Mizoram and Arunachal Pradesh); Punjab and Haryana HC (Punjab, Haryana).

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.

20. Consider the following statements: [2008]

1. Justice VR Krishna Iyer was the Chief Justice of India.

2. Justice VR Krishna lyer is considered as one of the progenitors of Public Interest Litigation (PIL) in the Indian judicial system.

Which of the statements given above is/are correct?

Correct Answer: (b) 2 only
Solution:Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PIL's in the court.

The following are some of the features of Public Interest Litigation (PIL) in India:

  • PIL has neither been defined in the Constitution nor in any Indian statute.
  • Constitutional provisions: The Supreme Court and the High Court under Articles 32 and 226 (authority to issue writs) of the Constitution, respectively, can hear a PIL petition submitted by any concerned individual.
  • Relaxation of locus standi rule: PIL in India was made possible by the relaxation of the requirement of "locus standi".
  • Different from traditional litigation: PIL is different from traditional litigation, which is adversarial in nature and involves disputes between two parties.
  • Proactive role of courts: In PIL, the role of the court is more proactive than in traditional actions and requires a more positive attitude in determining acts.
  • Flexibility: While PIL allows for greater flexibility in the procedure, it must still adhere to judicial procedure and principles.