Civics Polity ยท 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
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Review
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Revision
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Reference
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None of the above
B
Correct answer
Explanation
Revision is the power of a superior court (High Court or Sessions Judge) to examine the record of proceedings from an inferior criminal court for errors of law or jurisdiction. Unlike review, revision exercises supervisory jurisdiction rather than re-appreciating evidence.
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High Court
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District Court
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Family Court
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None of the above
B
Correct answer
Explanation
Under Section 24 of the Punjab Courts Act, 1918, the District Court is designated as the principal civil court of original jurisdiction. This means district courts have the primary authority to hear civil cases at the first instance. High Courts primarily hear appeals and have original jurisdiction only in specific matters. Family Courts are specialized courts for family law disputes.
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Chief Judicial Magistrate
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Sessions Court
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High Court
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Both (2) and (3)
D
Correct answer
Explanation
Section 438 CrPC allows anticipatory bail applications to be made to either the Court of Session or the High Court. The Chief Judicial Magistrate lacks jurisdiction to grant anticipatory bail, as it involves a constitutional prerogative available only to higher courts.
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High Court
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State Government
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Central Government
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State Government with the concurrence of the High Court
B
Correct answer
Explanation
Article 348(2) of the Constitution of India empowers the State Government to determine the language of subordinate courts. This is subject to the Governor's approval and allows states to use regional languages in judicial proceedings, making justice more accessible.
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High Court
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District Judge
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Concerned State Government
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Supreme Court
A
Correct answer
Explanation
Under the Punjab Courts Act 1918, the High Court has the authority to define the local limits of jurisdiction for Subordinate Judges. This ensures proper territorial jurisdiction and prevents conflicts between different judicial levels in the state.
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advisory jurisdiction
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appellate jurisdiction
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original jurisdiction
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writ jurisdiction
C
Correct answer
Explanation
The Supreme Court's original jurisdiction under Article 131 empowers it to resolve disputes between the Centre and States, or between States themselves. This 'original' means cases can be filed directly in the Supreme Court, unlike appellate jurisdiction (appeals from lower courts) or writ jurisdiction (fundamental rights enforcement). Advisory jurisdiction (Article 143) involves giving opinions to the President, not adjudicating disputes.
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R vs McNaghten (1843) 8 Eng Rep 718
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Basdev vs State of PEPSU AIR 1956 SC 488
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R vs Dudley and Stephens (1884) 14 QBD 273
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Bimbadar Pradhan vs State of Orissa AIR 1956 SC 469
C
Correct answer
Explanation
R v Dudley and Stephens (1884) is the foundational case on necessity - shipwrecked sailors killed and ate a cabin boy, and necessity was rejected as a defense to murder. This established that necessity cannot justify taking an innocent life, even to survive.
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Law Minister
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Chief Minister
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President
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Bar Council
C
Correct answer
Explanation
A Supreme Court Judge addresses his resignation to the President of India.
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Order XIX
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Order XX
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Order XXI
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Order XXIII
B
Correct answer
Explanation
Option (1) is incorrect: Order XIX of the CPC provides rules regarding affidavits.
Option (2) is correct: Order XX of the CPC provides rules regarding judgments and decree.
Option (3) is incorrect: Order XXI of the CPC provides rules regarding execution of decrees and orders.
Option (4) is incorrect: Order XXIII of the CPC provides rules regarding withdrawal and adjustments of suits.
A
Correct answer
Explanation
The Union Cabinet approved increasing the number of Supreme Court Judges (including Chief Justice) from 26 to 31 through the Supreme Court (Number of Judges) Amendment Bill, 2008. This was done to reduce case pendency. Earlier increases were from 25 to 26 in 1986.
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Due process of Law
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Rule of Law
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Doctrine of separation of power
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None of these
B
Correct answer
Explanation
The Rule of Law concept, as articulated by A.V. Dicey, establishes that all authorities including administration are subject to ordinary courts and ordinary law. This principle ensures judicial supremacy over administrative actions, allowing courts to review administrative decisions through writs and judicial review. Due process is a related but distinct concept, while separation of power is about division of functions.
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Court of Chief Judicial Magistrate
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Court of Session
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High Court
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Supreme Court
B
Correct answer
Explanation
Option (1) is incorrect: No such provision
Option (2) is correct: The appeal against an order of acquittal passed by the Court of Judicial Magistrate of First Class shall always lie to the Court of Session.
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision
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cannot be removed from office during their tenure
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can be removed from office by the President at his discretion
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can be removed by the President on the recommendation of the Parliament
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can be removed by the President on the recommendation of the Council of Ministers
C
Correct answer
Explanation
The correct answer is C because Supreme Court judges can only be removed through impeachment by Parliament on grounds of proved misbehavior or incapacity. The process requires a motion signed by 100 members in Lok Sabha or 50 in Rajya Sabha, followed by an inquiry and a special majority in both Houses. The President then formally removes the judge based on this parliamentary recommendation.
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it has to keep a record of all its decisions
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all its decisions have evidentiary value and cannot be questioned in any court
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it has the power to punish for its contempt
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both (2) and (3)
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it can review the working of the subordinate courts
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it can review its own judgements
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it can initiate cases at its own discretion
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it can declare the laws passed by legislature and orders issued by the executive as unconstitutional if they contravene any provision of the Constitution
D
Correct answer
Explanation
Judicial review means the Supreme Court can examine the constitutionality of laws and executive actions. If any law or order violates the Constitution, the Court can declare it void. This power is not about reviewing its own judgments (that's done through review petitions) or supervising subordinate courts (that's appellate jurisdiction), but about being the final interpreter of constitutional validity.