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

The Supreme Court of India acts as a federal court when it deals with

  1. civil cases

  2. inter-state disputes

  3. appeals from lower courts

  4. election petitions
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The Supreme Court of India acts as a federal court when dealing with inter-state disputes between states or between a state and the Union government. Under Article 131 of the Constitution, the Supreme Court has original jurisdiction in such disputes. This federal court function is distinct from its role as the highest appellate court for civil and criminal matters. Inter-state water disputes, boundary disputes, or conflicts over resources fall under this federal jurisdiction, making the Supreme Court the guardian of federal structure.

Multiple choice

A court enforces enjoyment of a Fundamental Right by issuing

  1. A decree

  2. An ordinance

  3. A writ

  4. A notification
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

The Constitution of India (Article 32) empowers the Supreme Court and High Courts to issue five types of writs - habeas corpus, mandamus, prohibition, certiorari, and quo warranto - for the enforcement of Fundamental Rights. Writs are court orders directed at authorities or individuals to perform or refrain from specific actions.

Multiple choice

Which of the following is/are de jure guardian(s)?

  1. Legal guardian

  2. Guardian by court

  3. Guardian by waqf board

  4. Both (1) and (2)

  5. None of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Legal guardian and certified guardian are known as de jure guardians under the Muslim law. The court may appoint anyone as a guardian with regard to the welfare of a minor or minor's property.

Multiple choice

The power of the Supreme Court of India to decide disputes between the Centre and states falls under its

  1. advisory jurisdiction

  2. appellate jurisdiction

  3. original jurisdiction

  4. constitutional jurisdiction
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

According to Article 131, the SC has original jurisdiction in any dispute – (a) between the Government of India and one or more states; or (b) between the Government of India and any state or states on one side and one or more other states on the other; or (c) between two or more states.

Multiple choice

Consider the following statements:

  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 and the consolidated fund of the concerned state.

Which of the statements given above is/are correct?

  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

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.

Multiple choice

Assertion A: In India, every state has a High Court in its territory. Reason R: The Constitution of India provides a High Court in each state.

  1. Both ‘A’ and ‘R’ are individually true and ‘R’ is the correct explanation of ‘A’.

  2. Both ‘A’ and ‘R’ are individually true, but ‘R’ is not the correct explanation of ‘A’.

  3. ‘A’ is true, but ‘R’ is false.

  4. ‘A’ is false, but ‘R’ is true.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

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 24 High Courts.

Multiple choice

Consider the following statements:

  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 statements given above is/are correct?

  1. 1 only

  2. 2 only

  3. Both 1 and 2

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

Statement 1 is incorrect 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 (Act 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.

Multiple choice

The general power to transfer suits under section 24 has been granted to:

  1. High Court

  2. District Court

  3. Both (1) and (2)

  4. Supreme Court
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Section 24 of CPC grants power to transfer suits to both High Courts and District Courts. This is a general provision allowing either court to transfer cases for convenience or justice. Neither the Supreme Court nor only one specific court has this exclusive power.

Multiple choice

The authority to annul, alter or add to the rules in the First Schedule of the Code of Civil Procedure rests with the

  1. High Court

  2. State Government

  3. Supreme Court with the previous approval of rules by the Central Government

  4. High Court with the previous approval of rules by the State Government
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under CPC, the authority to amend the First Schedule (which contains rules of procedure) rests with the High Court, but only with previous approval of the State Government. This ensures judicial autonomy while maintaining legislative oversight.

Multiple choice

Which of the following is true?

  1. The pendency of suit in a foreign court precludes the courts in India from a trying a similar suit.

  2. The pendency of a suit in a foreign court precludes the courts in India from trying a similar suit provided the suit is founded on the same cause of action.

  3. The pendency of a suit in a foreign court does not preclude the courts in India from trying similar suit even if it is founded on the same cause of action.

  4. None of the above
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Indian courts are not bound by the pendency of a suit in a foreign court, even when founded on the same cause of action. Section 10 of the CPC only applies to suits pending in different Indian courts, not foreign courts. The principle of comity does not extend to prohibiting Indian courts from adjudicating matters merely because they are before a foreign tribunal. Option A is incorrect as it makes an absolute statement. Option B incorrectly introduces a qualification about same cause of action. Option D is incorrect as C is the accurate position.

Multiple choice

Attempt to commit suicide is triable by which of the following?

  1. Court of Session

  2. Magistrate of the first class

  3. Any Magistrate

  4. Executive Magistrate
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Attempt to commit suicide (Section 309 IPC) is triable by any Magistrate. This is a cognizable offense but warrant proceedings are not mandatory. The code specifically vests jurisdiction in any magistrate for this offense. Options A, B, and D incorrectly specify particular classes of magistrates when the law grants broader jurisdiction.

Multiple choice

Petitions to the Supreme Court under Article 32 are subject to the rule of Res judicata except

  1. Quo Warranto

  2. Habeas Corpus

  3. Certiorari

  4. Prohibition
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The rule of res judicata (avoiding relitigation of settled matters) generally applies to Article 32 petitions. However, habeas corpus petitions are exempt from this rule because personal liberty is at stake - courts can rehear habeas corpus matters even if previously decided, especially in continued detention cases. The other writs (quo warranto, certiorari, prohibition) follow res judicata.