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Judiciary & Legal, Issues etc.

📆 March 11, 2025

Total Questions: 62

21. With reference to Lok Adalats, consider the following statements: [2009]

1. An award made by a Lok Adalat is deemed to be a decree of a civil court and no appeal lies against there to any court.

2. Matrimonial/Family disputes are not covered under Lok Adalat.

Which of the statements given above is/are correct?

 

Correct Answer: (a) 1 only
Solution:When statutory recognition had been given to Lok Adalat, it was specifically provided that the award passed by the Lok Adalat formulating the terms of compromise will have the force of decree of a court which can be executed as a civil court decree.

No appeal lies against the award of a Lok adalat How ever award of lok Adalat can be challenged only by filling writ petition. The Lok Adalats can deal with all civil cases, Matrimonial Disputes, Land Disputes, Property disputes, compensation claims and compoundable criminal cusses.

22. With reference to Lok Adalats, which of the following statements is correct? [2010]

Correct Answer: (d) None of the statements given above is correct.
Solution:Each bench of the Lok Adalat includes a sitting or retired judge, a legal professional and a social worker focused on helping weaker sections and implementing legal services. Lok Adalat can handle any dispute pending in an Indian court or planned to be filed but not yet heard. Pre-litigation cases admitted include compoundable criminal offenses, Section 138 of the Negotiable Instruments Act, money recovery, Indian Motor Vehicles Act, labor disputes, and public utility bills like electricity or water, and matrimony cases.

23. Which of the following are included in the original jurisdiction of the Supreme Court? [2012-11]

1. A dispute between the Government of India and one or more States

2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State

3. A dispute between the Government of India and a Union Territory

4. A dispute between two or more States

Select the correct answer using the codes given below:

Correct Answer: (c) 1 and 4
Solution:The Original Jurisdiction of the Supreme Court includes dispute between the Government of India and one or more States, and dispute between two and more States.

24. With reference to the Delimitation Commission, consider the following statements: [2012-1]

1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.

2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.

Which of the statements given above is/are correct?

Correct Answer: (c) Both 1 and 2
Solution:The Delimitation Commission of India is responsible for redrawing legislative assembly and Lok Sabha constituency boundaries based on the most recent census. The current delimitation is based on the 2001 census under the Delimitation Act, 2002. The Commission's decisions are final and cannot be legally challenged, nor can they be modified by the Lok Sabha or State Legislative Assemblies. The next delimitation will not occur before 2026.

25. What is the provision to safeguard the autonomy of the Supreme Court of India? [2012-1]

1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.

2. The Supreme Court Judges can be removed by the Chief Justice of India only.

3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.

4. All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.

Which of the statements given above is/are correct?

Correct Answer: (a) 1 and 3
Solution:The judges of the Supreme Court are appointed by the President (which means the cabinet) in consultation with the members of the judiciary itself (ie, judges of the Supreme Court and the high courts). Hence, statement 1 is correct.

SC Judge can be removed by his office by an order of President. He can order for removal of SC Judge only after an address by Parliament has been presented to him in the same session for such removal. Hence, statement 2 is incorrect.

The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the Supreme.

Court are charged on the Consolidated Fund of India. Thus, they are non-votable by the Parliament (though they can be discussed by it). Hence, statement 3 is correct.

The Chief Justice of India can appoint officers and servants of the Supreme Court without any interference from the executive. He can also prescribe their conditions of service. Hence, statement 4 is incorrect.

The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court are determined from time to time by the Parliament. They cannot be changed to their disadvantage after their appointment except during a financial emergency. Thus, the conditions of service of the judges of the Supreme Court remain the same during their term of office.

26. With reference to National Legal Services Authority, consider the following statements: [2013-1]

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?

Correct Answer: (c) Both 1 & 2
Solution: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 the NALSA and to give free legal services to the people and conduct Lok Adalats in the State.

27. In the context of Indian history, the Rakhmabai case of 1884 revolved around: [2020-1]

1. women's right to gain education

2. age of consent

3. restitution of conjugal rights

Select the correct answer using the code given below:

Correct Answer: (b) 2 and 3 only
Solution:Rakhmabai (1864-1955) made her mark in history due to the legal case she was involved in, which contributed to the enactment of the Age of Consent Act, 1891.
She was the first practising female doctor in colonial India. She was involved in the legal case that contributed to the enactment of the Age of Consent Act, 1891. She was married at young age of eleven, while her husband Dadaji Bhikaji was nineteen years old. But both of them never lived together. Dadaji Bhikaji did not mind living independently but later got in touch with her when she inherited money after passing away of her mother. She refused to go and continued to live with her step-father and pursued her education which was not the norm of society at that time. Dadaji Bhikaji sent a legal notice to her stepfather through his lawyers in March 1884, asking him to send Rukhmabai to his house. Dadaji Bhikaji sought "restitution of conjugal rights" after 12 years of marriage in 1885. Hence statement 3 is correct. Rukhmabai had refused to live with the man she was married to as a child. Hence statement 2 is correct. After numerous hearings, the marriage of Bhikaji and Rukhmabai was affirmed because of the societal pressure at that time. Rukhmabai wrote a letter to Queen Victoria and the Queen overruled the court's verdict and dissolved the marriage. Rakhmabai case was not related to the women's right to gain education. Hence, statement I is not correct.

28. In India, separation of judiciary from the executive is enjoined by [2020-1]

Correct Answer: (b) A Directive Principle of state policy
Solution:Article 36 to Article 51 of our Constitution deal with Directive Principles of the State Policy. Within that Article 50 deals prescribes Separation of judiciary from executive.

29. With reference to India, consider the following statements: [2021-1]

1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.

2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

Which of the statements given above is/are correct?

Correct Answer: (b) 2 only
Solution:Police custody - The police has physical custody of the accused

Judicial custody The accused is in the custody of the magistrate.

Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in Jail so statement I is incorrect.

During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court. so, statement 2 is correct.

Correct answer is "b".

30. With reference to Indian Judiciary, consider the following statements. [2021-1]

1. Any retired judge of the Supreme Court of India can be called back to sit by the Chief Justice of India with prior permission of the President of India.

2. A High court in India has the power to review its own judgement as the Supreme Court does.

Which of the statements given above is/are correct?

Correct Answer: (a) 1 only
Solution:The Constitution of India, under Article 129[6] states that the Supreme Court of India shall be a Court of record with powers to punish for contempt of itself. Similarly, Art 215[7] declares all High Courts of India to be a Court of Record.

Justice Moushumi Bhattacharya, the Calcutta High Court has recently held that, as a Court of record, a High Court can review and correct its own orders by invoking its jurisdiction under Article 215 of the Constitution. (Note: Based on above provisions both statements are correct but, as per UPSC answer only I is correct).

(But According to UPSC answer key the answer is a)

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