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Judiciary
UNION JUDICIARY Supreme Court (Articles 124-147) •
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Supreme court is the nal interpreter and guardian of our constitution. It is also the guardian of Fundamental rights of the people. It decides the disputes between centre and states regarding encroachment of Power, thus maintains the supremacy of the constitution. It is the highest court of appeal in India. Originally the total no. of judges was 7, but in 1977, their no. was increased to 18. In 1986, it was further raised to 26 (including CJI). Presently there are 31 judges in Supreme court. Constitution does not provide for minimum no. of Judges who will constitute a bench for hearing cases. Largest bench constituted so far has been of 13 judges in Keshavanand Bharati vs. Union of India case in 1973.
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Appointment and Removal of Judges •
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Qualications to be appointed as a judge of SC:▪ He mus mustt be a cit citize izen n of Ind India. ia. ▪ He must eithe eitherr be be a distin distinguish guished ed juris jurist, t, or one who has been a high court judge for at least 5 years or an advocate of a high court (or 2 or more such courts in succession) for at least 10 years (Article 124). No minimum age is xed for the appointment of a judge. The CJI is appointed by the President. In this matter, the President shall consult such judges of the SC and the high courts as he may deem necessary. A 9 judge bench of the SC has laid down that the senior most judge of Supreme Court should be appointed as CJI. In the appointment of other judges, the President shall always consult the CJI. He ‘may’ consult other judges of SC and high courts as he may deem necessary [Article 124(2)]. Power of appointment is exercised by the President on the advice of council of ministers. There is no xed period of ofce for SC judges. Once appointed, they hold ofce till the age of 65 years. He can quit ofce earlier by submitting his resignation to the President. He can be removed by an order of President only on the grounds of proved misbehavior or incapacity. The order of President in this regard can only be passed after it has
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been addressed to both houses of parliament in the same session, by special majority (majority of the membership of house and majority of not less than 2/3rd of members of that house present and voting). [Article 124 (4)]. A SC judge can become CJI but cannot practice before any other court or act as a Judge before any other authority. But there is one exception. This is regarding the retired SC judge appointed as a judge of the SC for a temporary period by the CJI with the previous consent of President [Article 128]. Salaries of Judges are determined by the parliament by law. These cannot be varied to their disadvantage during their term (except during nancial emergency). Their salaries and expenses are charged on the consolidated fund of India. Seat of the SC is in New Delhi. However it can be shifted elsewhere in India or more benches of SC can be established in India by CJI in consultation with the President. According to Article 129, SC is a “Court of Record”. It means:▪ Court recor records ds are admitt admitted ed to be of evide evidentiary ntiary value ▪ It can punis punish h for conte contempt mpt of the court Contempt is of 2 type: Criminal and Civil. Judges can be liable for the contempt of their own court.
Original Jurisdiction (Article 131) • •
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It extends to the cases originating in SC alone. No other court has power to try such cases. Therefore SC is a federal court. These are between:▪ GOI on one side and one or more state statess on on the other ▪ GOI & one one or more State Statess on on one one side and other states on the other ▪ Two or mo more re st stat ates es However such jurisdiction does not apply to the disputes arising out of a treaty or agreement which is in operation or wherein provided for such exclusion. These matters are:▪ Exclusion Exclu sion of Jurisd Jurisdiction iction of SC by Parli Parliament ament in case of use, distribution or control of water of any interstate river valley (Article 262). ▪ Financial Finan cial matte matters rs betwe between en centr centree and state statess (Arti (Article cle 280). ▪ Adjustment Adjus tment of expen expenses ses betwe between en centr centree and states (Article 290).
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Appointment of acting Chief Justice When the ofce of Chief Justice of India is vacant or when the chief justice is by reason of absence or otherwise unable to perform the duties of his ofce, the duties of the ofce shall be performed by such one of the other judges of the court as the president may appoint for the purpose.
Attendance of retired Judges at sittings of the Supreme Court
specially conform the power of judicial review on the Supreme Court. However, the constitution itself exempts some provisions from judicial review such as the advice tendered by the council of minister and State Legislatures, validity and conduct of proceedings in Parliament delimitation of constituencies etc. Furthermore, in India the Supreme Court can pronounce upon the constitutionality of a law only if it is contrary to the letter of the constitution; it cannot go into the objectives underlying the law or administrative action and declare it or constitutional.
Notwithstanding anything in this chapter the Chief Justice of India may at any time,, with the previous consent of the Appellate Jurisdiction Appeal lies with the SC against the high courts in the president, request any person who has held the ofce of a judge • following 4 categories of cases:of the Supreme Court or of the Federal Court or who was held (a) Constitutional matters (civil, criminal or others) the ofce of a judge of a High Court and is duly qualied for – Article 132 appointment as a Judge of the Supreme Court to sit and act (b) Civil matters (except constitutional) – Article 133 as a Judge of the Supreme Court to t and act as a Judge of (c) Criminal matter (except constitutional) – Article 134 the Supreme Court and every such person so requested shall, (d) Special leave to appeal – Article 136 while so sitting and acting be entitled to such allowances as the Special leave to appeal is issued by SC in its discretion. It President may by order determine and have all the jurisdiction • cannot be issued in case of judgment passed by a court or power and privileges of, but shall not otherwise be deemed to tribunal of armed forces. be a judge of that court. • It can be granted in any judgement whether nal or Provided that nothing in this article shall be deemed to require interlocutory. any such person as aforesaid to sit and act as a Judge of that • It may be related to any matter —constitutional, civil, Court unless he consents so to do. criminal, income-tax, labour, revenue, advocates, etc. Officers and servants and the expenses of the • High court can certify a case involving substantial Supreme Court question of law as to the interpretation of the constitution and thus refer it to SC. (1) Appointment of ofcers and servants of the Supreme Court shall be made by the Chief Justice of India or such Advisory Jurisdiction other Judge or ofcer of the court as he may direct : • Article 143 of the constitution provides that if it appears Provided that the president may by rule require that in to the President that: such cases as may be specied in the rule, no person not 1. A question of law or fact has arisen or is likely to arise already attached to the Court shall be appoint to any ofce 2. A question is of a fact of public importance connected with the Court save after consultation with the He may refer such question for the advisory opinion of the Union Public Service Commission. court and the court may after such hearing as it thinks t, report to the President its opinion thereon (2) Subject to the provisions of any law made by parliament SC is not bound to give advisory opinion on the matters of the conditions of service of ofcer and servants of the • political signicance and may refuse to do so. Supreme Court shall be such as may be prescribed by The court, however, is bound to give its advisory rules made by the Chief Justice of India or by some other • jurisdiction on the matters relating to disputes arising Judge or ofcer of the Court authorised by the Chief out of a treaty or agreement entered into before the Justice of India to make rules for the purpose : commencement of constitution. Provided that the rules made under this clause shall so far • The advice is not binding on the President and he may as they relate to salaries allowances, leave or pensions, accept or reject it. require the approval of the president. Law declared by the Supreme Court is binding on all the (3) The administrative expenses of the Supreme Court • courts in India (Article 141). But Supreme Court itself is including all salaries, allowances and pensions payable to not bound by its own decisions. Article 137 empowers SC or in respect of the ofcer and servants of the court, shall to review its own judgment. be charged upon the consolidated fund of India and any • Under Article l39A (inserted by 44th amendment act fees or other money taken by the Court shall form part of 1978) SC may transfer to itself cases from one or more that fund. high courts if these involve substantial question of law or Judicial Review that great signicance. SC may transfer cases from one Judicial review is understood to mean the power of the highest high court to another in the interest of justice. court of the land to nally pronounce on the legality or Other Powers otherwise of a legislation in the context of the constitution. In • Besides the above, the Supreme Court has numerous other India the Supreme Court enjoys the power of judicial review : powers: it can pronounce upon the constitutional validity of laws passed • It decides the disputes regarding the election of the by the Legislature and the actions taken by the administrative president and the vice-president. In this regard, it has the authorities. It acts as the guardian of the constitution. Article 32 original, exclusive and nal authority. Buy books : http://www.dishapublication.com/entrance-exams-books/upsc-exams.html
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It enquires into the conduct and behaviour of the chairman and members of the Union Public Service Commission on a reference made by the president. If it nds them guilty of misbehaviour, it can recommend to the president for their removal. The advice tendered by the Supreme Court in this regard is binding on the President. It is authorised to withdraw the cases pending before the high courts and dispose them by itself. It can also transfer a case or appeal pending before one high court to another high court. The Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament. Further, its jurisdiction and powers with respect to other matters can be enlarged by a special agreement of the Centre and the states.
STATE JUDICIARY : HIGH COURT •
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Article 214 provides that there shall be a high court for each state. However under Article 231 (1) parliament can establish by law, a common high court for two or more states or for two or more states and a UT. There are 21 high courts in India. Out of them three are common high courts. Parliament may be law constitute a high court for UT or declare any court in any such UT to be a high court (Article 241). Guwahati high court is the largest high court in India; its territorial jurisdiction extends to seven states of the North East. Kolkata high court has territorial jurisdiction up to Andaman and Nicobar. Delhi has a separate high court but the other UTs come under the jurisdiction of various high courts.
Subordinate Courts Under the High Court there are three types of courts in the districts. They are the Civil Courts, the Criminal Courts and the Revenue Courts. The highest Civil Court in a district is that of the district judge. They have the power to try civil cases and to hear appeals. They have additional civil judges to help them. The less important cases are decided y sub-judges and munsifs. The highest District Court to try criminal cases is that of the sessions Judge. The criminal cases are heard by the Magistrates, too. The district judge also acts as the Sessions Judge in a district. Appeal cases against the lower courts are heard by the District Courts and appeals cases against the lower courts are heard by the district courts and appeals against the decisions taken by the District Court can be made to the State High Court.
Other Local Courts In addition to the three type of courts mentioned above, there are the Panchayati Adalats or Nyaya Panchayats which are also under the District Judge in some states. Four or Five Gram Sabha have one such Panchayati Court. They are established to try small cases of all kinds. Under this system the cases can be decided fast and need not in value much expenditure. The Nyaya Panchayats function in ruler areas a similar concept introduced in some urban area this is called the ‘Lok Adalat’ The rst Lok Adalat was held in Delhi in 1985, in which one hundred and fty cases were decided in a single day.
National Legal Services Authority In 1987 the Legal Services Authorities Act (LSAA) was enacted by the parliament, which came in to force on November 9, 1995 to establish a nationwide uniform network for providing free and Competent Legal Services to the weaker section of the society on the basis of equal opportunity. The National Legal Service Authority (NALSA) has been constituted under the Legal Services Authority Act 1987 the monitor and evalulate implementation of legal aid programmes and lay down policies and principles for making legal services available under the Act. In every state, a State Legal Services Authority and in every high court a high court legal services committee has been constituted. District legal services authorities and Taluka Legal Service Committees have been constituted in the district and most of the Talukas in order to given effect to the policies and directions of the NALSA and to provide free legal services to the people and conduct Lok Adalat in the states. NALSA issues guidelines for the State Legal Services Authorities to implement, the legal aid programmes and schemes through out the country. Primarily, the state legal services authorities, district legal service authority, Taluka Legal service committee etc. have been assigned the task of discharging the following two main functions on regular basis : (i) To provide free legal services to the eligible persons; and (ii) To organise Lok Adulats for amicable settlement of disputes.
Appointment of Judges of High Court • •
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Article 217 provides that every judge of a high court shall be appointed by the President. President appoints CJ of high court after consultation with CJI and the Governor of the state concerned. In case of appointment of others judges of the high court he may consult the CJ of high court concerned. The strength of the judges of the high courts is not the same. In Re-Presidential Reference Case (popularly known as Appointment and Transfer of Judges Case), SC held that the CJI should consult “a collegium of two senior most judges of the SC” for the appointment of a judge of SC or HC. Further in case of transfer of HC judges, in addition to the collegium of 4 judges of SC, the CJI is required to consult CJ of both the HCs (one from where the judge is being transferred and the other, receiving him). Article 222 empowers the President after consultation with CJI to transfer a judge from one HC to another HC.
Qualifications of a Judge of High Court 1 2. 3. 4.
Person must be Citizen of India. Have held a judicial ofce for at least 10 years or Have been an advocate of one HC or two or more high courts in succession for at least 10 years
Term of Adhoc Judge • • •
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Until he attains the age of 62 years He may resign by writing to the President. He may removed by the President on the grounds of proved misbehavior or incapacity on an address by both houses of parliament supported by the vote of 2/3rd of members present and voting in each house. Thus a judge of the HC can be removed in the same way as a judge of SC.
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Emoluments •
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Beside other facilities, CJI and other Judges of HC get a salary of Rs. 90,000 and Rs. 80,000 per month, respectively. The salaries and allowances of the judges are charged on the consolidated fund of the state. These cannot be varied by the parliament to their disadvantage after their appointment (except under nancial emergency). The pensions of the judges are charged on the consolidated fund of India. After retirement, a permanent judge of HC cannot plead or act in a court of India except SC or HC other than the one in which he has held ofce.
Jurisdiction • •
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High court can punish for its contempt. Scope and power of HC is similar to the powers of SC. HC exercises supervision over all courts and tribunal within its jurisdiction (exceptions – courts or tribunals established by armed forces). This is very wide power. It is not conned only to administrative superintendence but also judicial superintendence over all subordinate courts within its jurisdiction. A HC can withdraw a case pending before a subordinate court and may itself dispose of the case, or determine the question of law involved in the case.
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HC can transfer cases from one lower court to another lower court for disposal. HC has disciplinary jurisdiction over subordinate court. The government has no jurisdiction to take disciplinary action against a district judge. It is the HC alone which is competent to exercise disciplinary power against a judge of the inferior court. This power however cannot be exercised over tribunals. HC is the highest court of appeal in the state in both civil and criminal cases. In appointment, posting and promotion of district judges, the governor consults the high court.
Writ Jurisdiction •
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Under Article 226, HC can issue writs in the nature of habeas corpus mandamus , prohibition, quo warranto and certiorary for:1. Enforcement of fundamental rights. 2. Enforcement of legal right or legal duty. Therefore, writ jurisdiction of HC has wider scope as compared to that of SC under Article 32, which extends only to fundamental rights. These writs are also called ‘prerogative writs’ Writs issued by HC cannot run beyond territories subject to its jurisdiction. HC always has the discretion to refuse or to grant any writ, if it is satised that the aggrieved party can have adequate relief elsewhere.
THE HIGH COURTS : SEATS AND JURISDICTION Name
Territorial Jurisdiction
Seat
1. Allahabad (1866)
Uttar Pradesh
Allahabad (Bench at Lucknow)
2. Andhra Pradesh (1954)
Andhra Pradesh
Hyderabad
3. Bombay (1862) 4. Kolkata (1862)
Maharastra, Dadar and Nagar Haveli, Goa, Daman Mumbai (Benches at Nagpur, Panji, and Diu. Aurangabad) West Bengal, Andman and Nicobar Islands. Kolkata (Benches at Port Blair)
5. Delhi (1966)
Delhi
Delhi
6. Guwahati (1948)
Assam, Nagaland, Miroram & Arunachal Pradesh
Guwahati (Benches at Kohima)
7. Gujarat (1960)
Gujarat
Ahmedabad
8. Himachal Pradesh (1966)
Himachal Pradesh
Shimla
9. Jammu & Kashmir (1928) Jammu & Kashmir
Srinagar and Jammu
10. Karnataka (1884)
Karnataka
Bangalore
11. Kerala (1958)
Kerala and Lakshadweep
Ernakulam
12. Madhya Pradesh (1956)
Madhya Pradesh
Jabalpur (Bench-Indore, Gwalior)
13. Madras (1862)
Tamil Nadu and Puducherry
Chennai
14. Orissa (1948)
Odisha
Cuttack
15. Patna (1916)
Bihar
Patna
16. Punjab & Haryana (1975)
Punjab, Haryana, Chandigarh
Chandigarh
17. Rajasthan (1949)
Rajasthan
Jodhpur (Bench-Jaipur)
18. Sikkim (1975)
Sikkim
Gangtok
19. Chattisgarh (2000)
Chattisgarh
Bilaspur
20. Uttarakhand (2000)
Uttarakhand
Nainital
21. Jharkhand (2000)
Jharkhand
Ranchi
22. Meghalaya (2013)
Meghalaya
Shilong
23. Manipur (2013)
Manipur
Imphal
24. Tripura (2013)
Tripura
Agartalla
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Judges of the Supreme Court take an oath or afrmation before entering upon ofce conducted by (a) Chief Justice of India (b) President or Vice-President (c) President (d) None of the above Constitution makes provides for independence of judges by NOT: (a) Though appointed by the President their removal is by a difcult process (b) Their salaries are charged on the Consolidated Fund of India (or the State) (c) A retired judge cannot be appointed to any ofce under the Government (d) conduct of a judge cannot be discussed in Parliament except upon a motion regarding his removal A judge of a High Court can be removed before the expiry of his time by: (a) President on the recommendation of the Supreme Court (b) Governor on the recommendation of the State legislature (c) President on the recommendation of the State legislature (d) President on the recommensdation of the Parliament A judge of a High Court wanting to resign addresses his letter or resignation to: (a) the President (b) the Chief Justice of his High Court (c) the Chief Justice of India (d) Governor of the State Which is not a power of a High Court? (a) Supervision over all courts under its jurisdiction (b) Jurisdiction over revenue matters (c) Supervision over tribunals constituted by law relating to armed forces (d) Issue writs for enforcing fundamental rights or for any other purpose Judicial review in India does not extend to: (a) Advice that Council of Ministers gives to the President (b) Discretionary powers of the Governor (c) Privileges enjoyed by Parliament (d) Any of the above Oath to a High Court judge is administered by: (a) Chief Justice of India (b) Chief Justice of that High Court (c) Governor of the State (d) President of India Public interest litigation applies to cases of public injury arising from: (a) Breach of public duty (b) Violation of a constitutional provision (c) Violation of law (d) all of the above In Minerva Mills cases, the Supreme Court has further reafrmed its decision in
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(a) Golakh Nath Case (b) Keshavanand Bharati case (c) Sajjan Singh Case (d) None of the above District Judges are appointed by: (a) The Chief Justice of High Court (b) The State Public Service Commission (c) The Chief Minister of state (d) The Governor of state The District and sessions Judge works directly under the control of: (a) District Collector (b) Governor of the state (c) Law Minister of the state (d) High Court of the state If any question arises as to the age of a judge of a High Court, the question shall be decided by the President after consultation with: (a) The Chief Justice of the concerned High Court (b) The Governor of the concerned state (c) The Attorney-General of India (d) The Chief Justice of India The Chief Justice of the High Court is appointed by (a) the Governor of the state (b) the President of India (c) the Chief Minister of the state (d) the Chief Justice of India The Supreme Court of India tenders advice to the President on a matter of law or fact (a) on its own initiative (b) only if he seeks such advice (c) only if the matter relates to the fundamental righ of citizens (d) only if the issue poses a threat to the unity and integrity of the country Which one of the following is directly related to the appellate jurisdiction of the Supreme Court of India ? (a) Appeals made in civil, criminal and constitutional cases (b) Appeals made in constitutional cases (c) Adjudication of disputes between the union and the states (d) Adjudication of disputes between the states Which of the following statements is correct? (a) The President of India is the custodian of the Constitution of India (b) The Supreme Court of India can declare a law passed by any State/Union Legislature null and void if it encroaches upon the Fundamental Rights guaranteed by the Constitution of India (c) The number of judges in a High Court is to be determined from time to time by the Governor of the State concerned (d) The Chief Justice of a High Court is appointed by the Governor of the State concerned on the recommendation of the Chief Justice of India
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Which of the following is covered under the original jurisdiction of the Supreme Court: (a) Dispute relating to civil matters (b) Dispute relating to criminal cases involving murder (c) Disputes between two states of the Indian Union (d) Disputes between two citizens from two different states When there is a vacancy in the ofce of the president and the vice-president at the same time, the ofce is held temporarily by (a) The Prime Minister (b) The chief Justice of India (c) The speaker of Lok Sabha (d) None of these Who has the right to seek advisory opinion of the Supreme Court of India, on any question of Law? (a) Prime Minister (b) President (c) Any judge of the high court (d) All of the above The power of the Supreme Court of India to decide disputes between the centre and the State falls under its _________ (a) Advisory jurisdiction (b) Appellate Jurisdiction (c) constitutional Jurisdiction (d) Original Jurisdiction Sovereignty of Indian Parliament is restricted by: (a) Powers of the President of India (b) Judicial review (c) Powers of the Prime Minister of India (d) Leader of the opposition Who of the following Chief Justice of India acted as the President of India also? (a) Justice M. Hidayatullah (b) Justice P.N. Bhagwati (c) Justice Mehar Chand Mahajan (d) Justice B.K. Mukherjee The Indian constitution provides for the appointment of Ad hoc judges in: (a) Supreme Court (b) High Court (c) District and session Court (d) All of these Which of the following state/Union territories have a common High Court? (a) Uttar Pradesh and Bihar (b) Punjab, Haryana and Chandigarh (c) Punjab and Jammu and Kashmir (d) Assam and Bengal Which of the following High Courts has the largest number of Benches? (a) Kolkata High Court (b) Madhya Pradesh High Court (c) Bombay High Court (d) Guwahati High Court
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The rst High/Supreme Court judge, who voluntarily made his assets public is (a) justice D.V.S. Kumar (b) justice K. Chandra (c) justice K. Kannan (d) justice V.C. srivastava Which one of the following High Courts has the territorial jurisdiction over Andaman and Nicobar Islands? (a) Andhra Pradesh (b) Calcutta (b) Madras (d) Odisha In the verdict of which case, Supreme Court has nullied Parliament, effort to establish preference of all the Directive Principles of state policy over Fundamental rights? (a) Keshvanand Bharti Vs State of Kerala Case (b) Francis Coralie Mullin Vs Union Territory of Delhi (c) Minerva Mills Vs. Union of India case (d) Indira Sawhani Original jurisdiction of Supreme Court is mentioned in which of the following articles of Indian constitution? (a) Article 131 (b) Article 132 (c) Article 143 (d) Article 148 Which of the following writs literally means ‘we command’? (a) Habeas Corpus (b) Mandamus (c) Prohibition (d) Quo-Warranto In which of the following cases Supreme Court of India enunciated the doctrine of basic structure? (a) Keshwanand Bharti case (b) Golaknath case (c) Minnerva Mills case (d) Gopalan case In Indian constitution the power to issue a writ of ‘Habeas corpus’ is vested only in(a) The Supreme Court (b) The High Court (c) The Supreme Court and the High Court (d) Lower Courts The Provisions concerning the powers of the Union judiciary in the constitution can be amended by (a) Simple majority of the parliament (b) Two-third majority of the parliament (c) Two-third majority of the parliament and the majority of states (d) None of the above The Supreme Court of India declares by issuing a writ that “respondent was not entitled to an ofce he was holding or a privilege he was exercising”. which writ is that? (a) Habeas Corpus (b) Quo Warranto (c) Prohibition (d) Certiorari What is the objective advocated for appointment of the National judicial commission? (a) Training of the judges (b) Reforms in legal system (c) Bringing about transparency and impartiality in the appointment of judges of the highest level. (d) To examine the working period of the judges.
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How can the number of judges in the Supreme Court in India be increased ? (a) Representation from the Supreme Court (b) By amendment of the constitution (c) By a Parliamentary Act (d) by Presidential notication Which of the following cases cannot be led directly in the Supreme Court ? (a) Cases against encroachment on Fundamental Rights (b) Both (a) and (b) above. (c) If one’s property is forcefully occupied by the other (d) Disputes between two or more States Which is not an eligibility criterion for appointment as a Judge of the High Court ? (a) Must have been an advocate of a High Court for not less than 10 years (b) Must be, in the opinion of the President, a distinguished jurist. (c) Must have attained the age of 55 years (d) Must have been a High Court Judge for at least 5 years Judicial Review function of the Supreme Court means the power to (a) Review the functioning of judiciary in the country (b) Undertake periodic review of the Constitution. (c) Examine the constitutional validity of the laws (d) Review its own judgement The High Courts in India were rst started at (a) Bombay, Delhi, Madras (b) Madras and Bombay (c) Bombay, Madras, Calcutta (d) Delhi and Calcutta Besides its permanent seal at Delhi, the Supreme Court can also meet at (a) Any other Union Territory (b) Any other place as decided by the Chief Justice of India in consultation with the President (c) Any other metropolitan city (d) Any other major city What is meant by a Court of Record? (a) The court that maintains records of all lower courts. (b) The court that is competent to give directions and issue writs. (c) The court that can punish for its contempt. (d) The court that preserves all its records. Judges of the High Court are appointed by the (a) Chief Justice of the High Court (b) President (c) Governor (d) Chief Justice of India After retirement, a Judge of a High Court can undertake practice in (a) Any other court except the same court (b) Wherever he intends to practice. (c) The same court (d) Lower courts only Separation of the Judiciary from the Executive is enjoined by (a) VII Schedule to the Constitution (b) Judicial decision (c) Directive Principles (d) Preamble
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The Chief Justice and other Judges of the High Court are appointed by the (a) Chief Justice of the Supreme Court (b) Chief Minister of the concerned state (c) Governor of the concerned state (d) President Judicial Review signies that the Supreme Court (a) Can impeach the President (b) Can declare a state law as unconstitutional (c) Can review cases decided by the High Courts. (d) Has nal authority over all cases Which one of the following comes under the jurisdiction of both the High Court and the Supreme Court ? (a) Disputes between the States inter se (b) Protection against the violation of the Constitution (c) Protection of the Fundamental Rights (d) Disputes between the Centre and the States Congnizable offence refers to an offence where (a) Arrests can be made without warrant (b) Police can register a case without formal complaints (c) Arrests can be made with warrant (d) It is under the jurisdiction of a court Under the writ of Mandamus, the Court can (a) Ask the person to be produced (b) Order to transfer the case from one court (c) Ask to let a person free for a temporary period (d) Direct the Government to do or not to do a thing Which of the following writs is a bulwark of personal freedom ? (a) Certiorari (b) Habeas Corpus (c) Mandamus (d) Quo Warranto Appointment of ofcers and servants of a High Court are made by the (a) None of these (b) Chief Justice of the High Court (c) President (d) Governor Salaries of the Judges of the Supreme Court are drawn from the (a) Grants-in-aid (b) Public Accounts (c) Contingency Fund (d) Consolidated Fund Which of the following High Courts covers more than one State/ Union Territories ? (a) Allahabad (b) None of these (c) Guwahati (d) Delhi Which of the following writs may be issued to enforce a Fundamental Right ? (a) Certiorari (b) Habeas Corpus (c) Mandamus (d) Prohibition The Judges of the Supreme Court can be removed from ofce by the (a) President on request of Parliament (b) Chief Justice of India (c) President (d) Prime Minister The authority competent to suspend the operation of Fundamental Rights guaranteed under the Constitution of India is (a) Supreme Court (b) Prime Minister (c) Parliament (d) President
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Which is the highest and nal judicial tribunal in respect of the Constitution of India ? (a) President (b) Union Cabinet (c) Supreme Court (d) Parliament Which of the following is an extensive original jurisdiction given by the Constitution of India to the Supreme Court ? (a) Enforcement of Fundamental Rights (b) Advising the Chief Executive in legal matters (c) Hearing revenue cases of appeal (d) Hearing criminal cases of appeal The High Court of West Bengal (Calcutta) has got the additional jurisdiction to hear cases from (a) Arunachal Pradesh (b) Mizoram (c) Tripura (d) Andaman and Nicobar islands Which of the following is enforceable in a court of law ? (a) Fundamental Rights (b) Fundamental Duties (c) Directive Principles (d) Preamble In whom are the powers of Judicial Review vested in India ? (a) All the courts (b) Supreme Court and all the High Courts (c) President (d) Parliament There is no appeal except on a point of law against the decisions of the (a) Sub Judges (b) Small causes courts (c) Court of Munsifs (d) High Court The lowest court of revenue is that of a (a) Naib Tehsildar (b) Sub-judge (c) Third class magistrate (d)
69.
70.
71.
72.
73.
(a)
74.
75.
Munsif
To ensure impartiality, the retired Chief Justice and other Judges of the Supreme Court are debarred from practising law (a) In any court other than State High Courts (b) In any Criminal Court (c) In any court of India (d) In any court other than the Supreme Court 66. Who decides the number of Judges in a High Court ? (a) Governor of the State (b) Parliament (c) President (d) State Government 67. Who is appointed as an adhoc judge of the Supreme Court ? (a) A sitting judge of a High Court duly qualied for appointment as a Supreme Court Judge (b) A person fully qualied for appointment as a Judge of the Supreme Court (c) A retired judge of Supreme Court (d) An acting judge of the Supreme Court 68. Which of the following is covered under the original jurisdiction of the supreme court ? (a) Dispute relating to civil matters (b) Dispute between two citizens from two different states
(c) Dispute relating to criminal cases involving murder (d) Disputes between two states of the Indian Union Which High Court in India, has held that the pronouncement of Talaq thrice in one go is illegal ? (a) Bombay High Court (b) None of these (c) Calcutta High Court (d) Allahabad High Court The small causes court can hear cases involving a maximum amount of (a) Rs 5000 (b) Rs 2000 (c) Rs 1000 (d) Rs 500 A common High Court for two or more states and Union Territory may be established by (a) Parliament by Law (b) Chief Justice of India (c) President (d) Governer of the state Under a single, integrated, hierarchical judicial system, the High Court in the states are directly under the (a) President (b) Union Parliament (c) Governor of the state (d) Supreme Court A Judge of a Supreme court may resign his ofce by writing under his hand addressed to the
65.
76.
77.
78.
Chief Justice of India
(b) Senior most judge of the supreme court (c) Prime Minister (d) President The Appellate Jurisdiction of the Supreme Court dose not involve (a) Criminal Cases (b) Cases involving interpretation of the Constitution (c) Civil Cases (d) Disputes arising out of pre-Constitution treaties and agreements When the chief justice of a High Court acts in an administrative capacity, he is subject to. (a) The writ jurisdiction of any of the other judges of the High Court. (b) Special control exercised by the chief justice of India. (c) Discretionary power of the Governor of the State (d) Special powers provided to the Chief Minister in this regard Article 136 of Indian Constitution authorizes the Supreme Court to grant special leave to appeal. Which of the following statement is not correct with respect to ‘Appeal by Special Leave’? (a) It is a discretionary power of the Supreme Court (b) It can be granted against any court or tribunal including the military court (c) It can be related to any matter (d) None of these The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its (a) advisory jurisdiction (b) appellate jurisdiction (c) original jurisdiction (d) writ jurisdiction The power to increase the number of judges in the Supreme Court of India is vested in (a) the President of India (b) the Parliament (c) the Chief Justice of India (d) the Law Commission
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Exercise-2 Statement Based MCQ 1.
2.
3.
4.
5.
Regarding advisory jurisdiction of the Supreme Court, which statements is/ are NOT CORRECT? 1. It is obligatory for the Supreme Court to give its opinion if it is sought. 2. The advice is not binding on the President. 3. President may ask the Court’s opinion on treaties and agreements made before the Constitution was framed. (a) 1 and 2 (b) 1, 2 and 3 (c) 1 and 3 (d) 2 and 3 Supreme Court is a court of record. This implies that: 1. It can punish for its contempt 2. its decisions’ are admitted as evidence and cannot be questioned by any court 3. it has to keep a record of all the important cases in India 4. its decisions, once taken, are binding upon it Which of the following statements is/are correct? (a) 1, 2 and 3 (b) 1 and 2 (c) 1, 3 and 4 (d) 1, 2, 3 and 4 ________ is/are the qualications for a High Court judge? 1. Citizenship of India 2. Must have held a judicial ofce for at least ten years 3. Must not be over 62 years of age 4. Must have been an advocate of a High Court for at least ten years or be an eminent jurist Which of the following statements is/are correct? (a) 1, 2 and 3 (b) 1 and 2 (c) 1, 3 and 4 (d) 1, 2, 3 and 4 Chief Justice of a High Court is appointed by the President after consultation with 1. Chief Justice of India 2. Governor of the State 3. Chief Minister of the State Which of the above is/are correct? (a) 1 only (b) 1 and 2 (c) 3 only (d) 1, 2 and 3 In a criminal case, an appeal lies to the Supreme Court if the High Court: 1. has convicted the accused and awarded him a death sentence 2. has on appeal reversed an order for acquittal of an accused and sentenced him to imprisonment of ten years or more 3. has withdrawn for trial be-fore itself any case from a subordinate court and has convicted the accused and sentenced him to death Which of the following statements is/are correct? (a) 1 and 3 (b) 2 and 3 (c) 3 only (d) 1, 2 and 3
6.
7.
8.
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Consider the following statements : 1. A person who has held ofce as a permanent Judge of a High Court cannot plead or act in any court or before any authority in India except the Supreme Court. 2. A person is not qualied for appointment as a Judge of a High Court in India unless he has for at least ve years held a judicial ofce in the territory of India. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Which of the following statements are incorrect about the difference between the writ jurisdiction of the Supreme Court and high courts in India ? 1. The Supreme Court can issue writs not only for the purpose of enforcement of Fundamental Rights but also for any other purpose, whereas high courts can issue writs only for the purpose of enforcement of Fundamental Rights. 2. High courts can issue the writ of Injunction, whereas the Supreme Court cannot issue the writ of Injunction. 3. The Supreme Court can issue writs only in the case of appeal, whereas high courts can issue writs only when the party directly approaches it. 4. High courts can issue writs not only for the purpose of enforcement of Fundamental Rights but also for any other purpose, whereas the Supreme Court can issue writs only for the purpose of enforcement of Fundamental Rights. Which of the following statements is/are correct? (a) 1 and 2 (b) 1, 2 and 3 (c) 2 and 3 (d) 4 only The Chief Justice of a High Court is appointed by the President after consultation with 1. the Chief Justice of India 2. the Governor of the state 3. the Chief Minister of the state Which of the above is/are correct? (a) 1 only (b) 1 and 2 (c) 3 only (d) 1, 2 and 3 Consider the following statements regarding the advisory jurisdiction of the Supreme Court: 1. The reference for advice may be made to the Supreme Court on a question of law of fact by the President of India 2. Disputes arising out of pre-constitution treaties and agreements excluded from the original jurisdiction of the Supreme Court may also be referred to it. 3. The advice given by the Supreme Court is binding on the government 4. One of the cases referred to the Supreme Court for its advice was the constitutionally of the Kerala education bill. Which of these are correct? (a) 1, 2 and 4 (b) 2 and 3 (c) 1 and 2 (d) 3 and 4
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10.
11.
12.
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14.
In which of the following categories of cases the Supreme Court of India has the power to decide 1. Reference made by the President on a question of law or fact 2. A case involving interpretation of the constitution 3. A case involving substantial question of law of general importance 4. A case where the constitutionally of any law has been challenged Which of the following statements is/are correct? (a) 1, 2 and 3 (b) 1, 3 and 4 (c) 1, 2 and 4 (d) 2, 3 and 4 Which of the following characteristics are essential to federal government ? 1. A supreme and written constitution 2. Separation of powers and the system of checks and balances 3. Distribution of powers between the centre and states 4. Fundamental Rights guaranteed to citizens Which of the following statements is/are correct? (a) 1 and 2 (b) 1 and 3 (c) 2 and 4 (d) 2, 3 and 4 Consider the following statements regarding the High Courts in India: 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 ofce till the age of 62. (a) 1, 2 and 4 (b) 2 and 4 (c) 1 and 4 (d) 4 only The Supreme Court of India issued certain guidelines to put a halt to eve-teasing. In this regard consider the following statements: 1. women cops, in civil uniform, should be deputed at the public places 2. The court also ordered the states and the UTs to form a uniform law 3. The eve-teasing can lead to violation of the fundamental rights. Which of the following statement given above are correct? (a) 1and 2 only (b) 1 and 3 only (c) 2 and 3 only (d) 1, 2 and 3 Consider the following statements in regard to ‘equality before law’ introduced by the British in India. 1. There were similar courts for Indians and Europeans. 2. Justice now became costlier than before. 3. The government ofcials often favoured the rich. Which of the statements given above are correct? (a) 1and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3
15.
16.
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What is ‘Cabotage Law’ consider the following statements in regard to it: 1. It states that only Indian agged vessels can handle coastal cargo. 2. Government recently tightened the cabotage law in order to reduce the illegal movement of cargo through coastal water. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Consider the following statements about the judicial system introduced by the British in India: 1. It judicially unied India. 2. The British established a new system of law through the process of enactment and relevant interpretation of customary laws. 3. In general the British tended to avoid the customary laws of India. Which of the Statements given above are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 With reference to National Legal Services Authority, consider the following statements: 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? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Matching Based MCQ DIRECTIONS (Q. 18): Match List-I with List-II and select the correct answer using the codes given below the lists.
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Match the following: List I A. Insertion of part XIV B in the constitution B. Reservation in Promotions for SCs/STs C. Introduction of the Goods and service Tax D. Increasing age limit of High Court judges to 65 Codes: A B (a) 4 2 (b) 1 2 (a) 1 3 (a) 4 3
1.
List II 116th Amendment
2.
117th Amendment
3.
115th Amendment
4.
114th Amendment
C 3 3 2 2
D 1 4 4 1
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Hints and Solutions EXERCISE-1
1. 6. 11. 16. 18.
19. 20.
21.
22. 23.
(c) 2. (c) 3. (d) 4. (a) 5. (c) (d) 7. (c) 8. (d) 9. (b) 10. (d) (d) 12. (d) 13. (b) 14. (b) 15. (a) (b) 17. (c) (b) When there is a vacancy in the ofce of the president and the vice-president at the same time, the ofce is held temporarily by the chief justice of India. (b) (d) The power of the supreme court of India to decide disputes between the centre and the states falls under its original jurisdiction. The original jurisdiction of a court is the power to hear a case for the rst time, as opposed to appellate jurisdiction, when a court has the power to review a lower court’s decision. In India, the Supreme Court has exclusive original jurisdiction on all cases between the Government and the States or between Government and states on side and one or more states on other side or cases between different states. In addition, Article 32 of the Constitution of India grants original jurisdiction to the Supreme Court on all cases involving the enforcement of fundamental rights of citizens. (b) Sovereignty of Indian parliament is restricted by judicial review. Parliamentary sovereignty (also called parliamentary supremacy or legislative supremacy) is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty, and is supreme over all other government institutions, including executive or judicial bodies. The concept also holds that the legislative body may change or repeal any previous legislation, and so that it is not bound by written law (in some cases, even a constitution) or by precedent. Parliamentary sovereignty may be contrasted with the doctrines of separation of powers, which limits the legislature’s scope often to general law-making, and judicial review, where laws passed by the legislature may be declared invalid in certain circumstances. (a) (d) The Indian constitution provides for the appointment of ad hoc judge in supreme court, high court and district and session court. If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualied for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.
24. 25.
26. 27.
28.
29. 30.
31.
(b) (d) Guwahati high court has the largest number of Benches. The principal seat of the Gauhati High Court is at Guwahati in Assam. The court has 3 outlying benches. These are: The Kohima bench for Nagaland state. The Aizawl bench for Mizoram state. The Itanagar bench for Arunachal Pradesh state. Former benches, now full edged high courts: The Imphal bench (established on 21 January 1972) (Converted to a High Court in March 2013) The Agartala bench established on 24 January 1972) (Converted to a High Court in March 2013) The Shillong bench established on 4 September 1974)(Converted to a High Court in March 2013) (c) (b) Calcutta High court has the territorial jurisdiction over Andaman and Nicobar island. The Calcutta High Court is the oldest High Court in India. It was established as the High Court of Judicature at Fort William on 1 July 1862 under the High Courts Act, 1861. (c) In the verdict of Minerva Mills Vs. Union of India case, supreme court has nullied parliament’s effort to establish preference of all the directive principles of state policy over Fundamental Rights. (a) (b) The writ mandamus literally means ‘we command’. Mandamus is a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation, or public authority— to do (or forbear from doing) some specic act which that body is obliged under law to do (or refrain from doing)—and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. (a) In Keshvanand Bharti case the Supreme Court of India enunciated the doctrine of basic structure. The case originated in February 1970 when Swami HH Sri Kesavananda Bharati, Senior Pontiff and head of “Edneer Mutt” - a Hindu Mutt situated in Edneer, a village in Kasaragod District of Kerala, challenged the Kerala government’s attempts, under two state land reform acts, to impose restrictions on the management of its property. Although the state invoked its authority under Article 31, a noted Indian jurist, Nanabhoy Palkhivala, convinced the Swami into ghting his petition under Article 26 (not Article 29), concerning the right to manage religiously owned property without government interference. Even though the hearings consumed ve months, the outcome would profoundly affect India’s democratic processes.
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32.
33. 34.
35.
36. 41. 46. 51. 56. 61. 66. 71. 75.
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(c) In Indian constitution, the power to issue a writ of ‘Habeas Corpus’ is vested only in the supreme court and the High court. A writ of habeas corpus is a writ (court order) that requires a person under arrest to be brought before a judge or into court. The principle of habeas corpus ensures that a prisoner can be released from unlawful detention—that is, detention lacking sufcient cause or evidence. The remedy can be sought by the prisoner or by another person coming to the prisoner’s aid. This right originated in the English legal system, and is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action. (c) (b) The above provision came under a writ quo warranto issued by the Supreme Court of India. Quo warranto (Medieval Latin for “by what warrant?”) is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power (or “franchise”) they claim to hold. (c) The main objective advocated for appointment of the National judicial commission is bringing about transparency and impartiality in the appointment of judges of the highest level. (b) 37. (d) 38. (a) 39. (c) 40. (c) (b) 42. (d) 43. (b) 44. (a) 45. (c) (d) 47. (c) 48. (c) 49. (b) 50. (d) (b) 52. (b) 53. (d) 54. (c) 55. (b) (a) 57. (d) 58. (c) 59. (a) 60. (d) (a) 62. (b) 63. (b) 64. (a) 65. (c) (d) 67. (a) 68. (d) 69. (d) 70. (b) (a) 72. (d) 73. (d) 74. (d) (c) According to Article 227(b), the Chief Justice of High Court when acts in an administrative capacity, any rules made by him shall not be inconsistent with the provision of any law in force and requires the previous approval of the governor. (b) According to Article 136, ‘Appeal by special leave’ can be granted against any court or tribunal including the military court. (c) It is under original jurisdiction the supreme court decides the disputes between centre and one or more states. (b) It is the Parliament which has the power to increase the number of judges in the Supreme Court of India. 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.
EXERCISE-2
1. 6. 11. 12.
13.
14.
15.
16. 17.
18.
(d) 2. (b) 3. (a) 4. (b) 5. (a) (d) 7. (b) 8. (b) 9. (a) 10. (a) (b) (b) There are 21 High Courts in the country, three having jurisdiction over more than one state. The Judge in the High Court holds ofce up to 62 years of age. (d) The Supreme Court of India ordered the state governments and the UTs to depute female police ofcers in plain clothes at the public places to check the incidents of eve-teasing. (b) There were separate courts and even laws for Indians and Europeans. In Criminal cases the Europeans could be tried only by European judges. (a) The relaxation of Cabotage Law for Vallarpadam terminal augurs well for Gateway Distriparks, which may see an improvement in CFS volumes in the coming quarters. Its CFS near the terminal is likely to attract some of the cargo. Under the existing rules of Cabotage Law, only Indian agged vessels can handle coastal cargo. Hence, foreign carriers transshipped India destined cargo at Colombo or Dubai ports earlier. This resulted in lower capacity utilization in Vallarpadam International Container Transshipment Terminal (ICCT) at Kochi, which was set up eighteen months ago. With the relaxation of the rules, foreign carriers can now handle coastal cargo through Vallarpadam ICTT. (a) In general the British observed customary laws of India. (c) 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. (b) Insertion of part XIV(B) in the constitution — 116th Amendment Reservation in Promotions for SCs/STs — 117th Amendment Introduction of the Goods and Services Tax — 115th Amendment Increasing age limit of High Court judges to 65 — 114th Amendment
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