Civics Polity · Law Legal Studies
Judiciary and Legal Systems
1,814 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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cannot be reduced at all
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can be reduced during national emergency
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can be reduced during financial emergency
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can be reduced during national and financial emergencies
C
Correct answer
Explanation
Option (3) is correct: The salaries of the Supreme Court judges can be reduced during financial emergency.
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High court for only one state
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High court for only states
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common High court for two or more states or union territories
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None of the above
C
Correct answer
Explanation
The Constitution allows for a common High Court for two or more states or for a state and one or more Union Territories. For example, the Guwahati High Court serves seven northeastern states. This promotes judicial efficiency and administrative convenience. However, a High Court cannot be for 'only states' without specifying which ones.
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Calcutta High Court
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Gujarat High Court
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Madras High Court
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Delhi High Court
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Kerala High Court
D
Correct answer
Explanation
Option (4) is the correct answer.
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Writ Jurisdiction
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Fundamental Rights
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Preamble
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Fundamental Duties
B
Correct answer
Explanation
Fundamental Rights are enforceable in court of law. Preamble as well as Fundamental Duties cannot be enforceble in court .
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Dispute relating to civil matters
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Dispute relating to criminal cases involving murder
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Dispute between two states of the indian Union
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Dispute between two citizens from two different states
C
Correct answer
Explanation
The Supreme Court's original jurisdiction under Article 131 extends to disputes between the Government of India and one or more states, or between two or more states themselves. Civil matters, criminal cases, and disputes between private citizens do not fall under original jurisdiction - they must go through lower courts first.
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Yes
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No
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Only in a financial emergency
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Only in a national emergency
A
Correct answer
Explanation
Yes, e.g. Punjab and Haryana have their common High Court at Chandigarh.
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10
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14
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20
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None of the above
C
Correct answer
Explanation
Section 20 of the Specific Relief Act, 1963 explicitly states that the court's discretion to grant specific performance is not arbitrary but must be exercised judicially based on sound and reasonable principles. This section prevents capricious or unfair use of the court's equitable powers. The discretion considers factors like adequacy of monetary damages, clean hands, and enforceability challenges.
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High Court and the District Court
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High Court and Supreme Court
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High Court
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District Court
A
Correct answer
Explanation
Section 24 of the Civil Procedure Code (CPC) authorizes the High Court and District Court to transfer suits and proceedings from one court to another under their respective jurisdiction. This power ensures convenience of parties and ends litigation. The Supreme Court does not have this general power under Section 24, though it can transfer cases under Article 139A of the Constitution. The provision applies to intra-state transfers.
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The High Court
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The District Court
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The court which passed the decree
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The court which passed the decree with the consent of the High Court
C
Correct answer
Explanation
When a decree must be executed in another state, Section 39 of the Civil Procedure Code (CPC) requires that it be sent by the court that passed the decree directly to the court where execution is sought. This direct communication ensures authenticity and prevents delays. The decree is accompanied by a certified copy and the execution court treats it as if it were its own decree, following the same execution procedures.
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Chief Justice of the State High Court
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Governor of the State
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Chief Minister of the State
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None of the above
B
Correct answer
Explanation
Article 233(1) of the Constitution mandates that District Judges shall be appointed by the Governor of the State. The appointment is made in consultation with the High Court (which makes recommendations), but the formal appointing authority is the Governor.
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supervision
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superintendence
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overview
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None of the above
B
Correct answer
Explanation
Article 227(1) of the Constitution explicitly grants every High Court the power of 'superintendence over all courts and tribunals' throughout its territorial jurisdiction. This is a constitutional oversight power distinct from appellate jurisdiction, enabling High Courts to ensure proper administration of justice.
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Section 7 of the CPC
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Section 8 of the CPC
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Section 9 of the CPC
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Section 6 of the CPC
C
Correct answer
Explanation
Section 9 of CPC confers original civil jurisdiction on courts to try all suits of a civil nature except those expressly or impliedly barred. This is the foundation of civil courts' jurisdiction - they can entertain all civil suits unless prohibited by statute or competent authority.
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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.