Judiciary and Legal Systems

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.

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.

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.

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.

A Supreme Court Judge addresses his resignation to the President of India.

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.

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.

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.

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

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.

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.

The correct answer is C because judicial review in India is limited by the Constitution itself - the Court cannot strike down constitutional amendments (except basic structure), and its powers are derived from the Constitution rather than being inherent. Unlike in some systems where courts have broad inherent powers, Indian courts exercise judicial review only to uphold constitutional supremacy.

Under Article 254, if a state law on a concurrent subject was passed AND received President's assent BEFORE the central law on that subject, the state law prevails in that state. Otherwise, central law prevails under repugnancy clause.