Civics Polity · Law Legal Studies

Judiciary and Legal Systems

1,782 Questions

Judiciary and legal systems form the framework for interpreting laws and delivering justice. Questions in this section explore judicial review, the hierarchy of courts, and the issuance of writs. This topic is crucial for polity and law prelims preparation.

Judicial reviewHigh courts structureIssuance of writsSubordinate courtsPublic interest litigation

Judiciary and Legal Systems Questions

Multiple choice

When a person wants to file a case under SARFAESI Act, it will approach _______ and for appeal, it will go to

  1. District Court, High Court

  2. High Court, Supreme Court

  3. Debt Recovery Tribunal, Debt Recovery Appellate Tribunal

  4. Debt Recovery Tribunal, High Court
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Borrower may have to inevitably file an appeal before the Debt Recovery Tribunal (DRT) and Debts Recovery Appellate Tribunal (DRAT) under Section 17 of SARFAESI Act, 2002. Thus, option (3) is the correct answer.

Multiple choice

A suit has been filed by Bank-B in DRT located at place Z. Now the bank wants to transfer this case to another DRT located at place Y. It can be permitted by the

  1. High Court

  2. President of the DRT with consent of President of the other DRT

  3. Chairperson of DRAT having jurisdiction over both DRTs

  4. Chairperson of DRAT irrespective of jurisdiction over both DRTs
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under Section 17-A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the Chairperson of Appellate Tribunal may transfer any case from one tribunal to another depending on the merits of the case within jurisdiction of appellate tribunal, if an application seeking transfer is filed.

Multiple choice

If a case is referred to Lok Adalt and there is no settlement of the case,

  1. the case shall be dismissed

  2. the case shall be decided in due course of time

  3. the case shall be remitted back to the court that referred the matter to Lok Adalt

  4. Any of the above, at discretion of the Lok Adalt
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

If no settlement is there, the case shall be remitted back to the court which referred the matter to Lok Adalt. In case of potential court case, Lok Adalt shall advise the parties to seek remedy in court.

Multiple choice

Disputes arising in cases under SARFAESI Act can be referred to which of the following?

  1. Lok Adalt

  2. District Courts and High Courts

  3. DRT and DRAT

  4. Any of the above
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

DRT - Debts Recovery Tribunal or DRAT - Debts Recovery Appellate Tribunal. The borrowers, in many cases, continue having negotiations with the Bank Officials and it will consume a lot of time. It is only when the borrowers feel that they may not get their dispute or grievance settled with the Bank, that they will approach the Tribunal or the Courts.

Multiple choice

While exercising its inherent powers under Section 482, Code of Criminal Procedure, 1973 even the High Court cannot

  1. review its own judgement

  2. convert itself court of appeal when the legislature has not conferred a right to appeal to it

  3. grant police custody from judicial custody

  4. do all the mentioned things
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

The inherent powers under Sec 482 of Code of Criminal Procedure, 1973 can be exercised either to pevent abuse of the process of any court or otherwise or to secure the ends of justice but donot beyond these.

Multiple choice

Consider the following facts:

  1. The removal of judges of the Supreme Court and the High Courts is an extremely difficult procedure. A motion containing the charges against the judges needs to be approved in both the Houses of the Parliament with at least 51% voting in favour of the motion.
  2. A judge of the Supreme Court or High Court can only be removed on the grounds of proven misdemeanor or incapacity.

Which of the above is/are true?

  1. 1 only

  2. 2 only

  3. Both 1 and 2

  4. Neither 1 nor 2
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

A motion for the removal of judges of either the Supreme Court or the High Court needs to be approved by a special majority, i.e. 2/3rd of the members present and voting, in both Houses of the Parliament. So far, no judge has faced removal via the procedure enshrined in the Constitution.

Multiple choice

In the Minerva Mills batch of cases, the Supreme Court has further reaffirmed its decision in

  1. Golakh Nath case

  2. Keshavananda Bharti case

  3. Sajjan Singh case

  4. None of these

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Minerva Mills v. Union of India (1980) reaffirmed the Keshavananda Bharati (1973) case judgment on the basic structure doctrine. The Supreme Court held that Parliament's amending power under Article 368 cannot alter the Constitution's basic structure. Option A (Golaknath) and C (Sajjan Singh) are incorrect.

Multiple choice

The establishment of a Sessions Court as a special court to try offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 requires concurrence of

  1. State government

  2. Chief Justice of the concerned High Court

  3. District Judge of the concerned area

  4. Advocate General of the State
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act. 

Multiple choice

Which of the following elect(s) the judges of the International Court of Justice?

  1. Economic and Social Council

  2. A meeting of Law Ministers of all countries of the World

  3. Security Council and General Assembly

  4. Trusteeship Council and General Assembly
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

The International Court of Justice is composed of 15 judges elected to nine-year terms of office by the United Nations General Assembly and the Security Council.

Multiple choice

Judiciary is one of three branches of modern governments. In some governments, the principle of judicial supremacy is recognised in theory as well as in practice. It is because

  1. the judges possess knowledge of the laws

  2. the judges can help in making the laws

  3. there is no need to protect the rights of the citizens

  4. the judiciary is impartial and superior to other branches of the government as it interprets the constitution
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Correct Answer: the judiciary is impartial and superior to other branches of the government as it interprets the constitution

Multiple choice

Court of Metropolitan Magistrate shall be established by

  1. State Government after consultation with High Court

  2. Central Government after consultation with Supreme Court

  3. High Court

  4. Supreme Court

  5. /
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Court of Metropolitan Magistrate shall be established by State Government after consultation with High Court.

Multiple choice

Who can issue the writs for enforcement of Fundamental Rights?

  1. The District Judge

  2. The Human Rights Commission

  3. The High Courts and the Supreme Court

  4. The Director General of Police
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under Articles 32 and 226 of the Indian Constitution, the Supreme Court and High Courts respectively can issue five types of writs for enforcing Fundamental Rights: habeas corpus, mandamus, prohibition, quo warranto, and certiorari. District Courts, Human Rights Commission, and DGPs do not have constitutional writ jurisdiction. This remedy makes fundamental rights justiciable.

Multiple choice

Which of the following is incorrect about the Supreme Court of India?

  1. It is the highest authority in India.

  2. It can give original jurisdiction.

  3. An appeal can be made in this court regarding any jurisdiction given in High Court.

  4. The President of India may seek the opinion of the Supreme Court on any matter of importance.

  5. It is also known as the court of record.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

This is the correct answer choice as this statement is incorrect. The Supreme Court is the highest court of appeal in India. It is not the highest authority.