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

In India the powers of judicial review are restricted because

  1. the Executive is supreme

  2. the Legislature is supreme

  3. the Constitution is supreme

  4. the judges are transferable
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

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.

Multiple choice

A law passed by a state on a concurrent subject gets precedence over the law of the centre

  1. if it was passed earlier than the central law

  2. if it was passed by the State Legislature and approved by the President before enactment of the central law

  3. if the Supreme Court so decides

  4. if the majority of State Legislatures so decide
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

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.

Multiple choice

The Supreme Court tenders advice to the President on a matter of law or fact

  1. on its own

  2. only if he seeks such advice

  3. only if the matter relates to the Fundamental Rights of citizens

  4. only if the issue poses a threat to the unity and integrity of the country
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Under Article 143, the Supreme Court's advisory jurisdiction is activated only when the President refers a question of law or fact. The Court cannot suo moto tender advice - it must await presidential reference.

Multiple choice

For whom is Administrative Tribunal meant?

  1. Union

  2. Each state

  3. Two or more states

  4. All the above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Administrative Tribunals in India are established for the Union, for each state, and for two or more states. They adjudicate disputes and complaints related to recruitment and service conditions of public servants. The tribunals provide a specialized forum for resolving service matters efficiently.

Multiple choice

Which of the following subjects is/are for adjudication or trial by Administrative Tribunal?

  1. Private sector employee recruitment disputes

  2. Decide on recruitment in Public sector

  3. Dispute and complaints with respect to recruitment and condition of service of persons appointed in the public services in connection with the officers of the Union or of any State or of any local or other Authority within the territory of India

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

Administrative Tribunals specifically handle disputes and complaints related to recruitment and conditions of service for persons appointed to public services. They cover employees working for the Union, any State, or local authorities within India. The tribunals do not handle private sector disputes, eliminating options A and B.

Multiple choice

Jurisdiction of the Administrative Tribunal is not supplementary, but is a complete substitute for ________.

  1. High Court

  2. Civil Courts

  3. Both 1 & 2

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

Administrative Tribunals have exclusive jurisdiction in their designated matters, completely excluding the jurisdiction of both the High Court (under Article 226/227) and Civil Courts. They are designed as a specialized alternative to the regular judicial system, not as a supplementary forum.

Multiple choice

Under which Constitutional article, the jurisdiction of the Supreme Court has been retained over the Administrative Tribunals?

  1. Article 356

  2. Article 136

  3. Article 132

  4. Article 134
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

While Administrative Tribunals generally exclude the jurisdiction of all courts, the Supreme Court's jurisdiction is preserved under Article 136, which allows it to grant special leave to appeal against any tribunal order. This provides a constitutional safeguard against tribunal decisions.

Multiple choice

The jurisdiction of the High Courts under Article 226 over service matters has been taken over by which judicial institution?

  1. District Court

  2. Administrative Court

  3. Chief Metropolitan Magistrate

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

Administrative Tribunals established under the Administrative Tribunals Act 1985 exclude the jurisdiction of High Courts under Article 226 over service matters. Article 226 empowers High Courts to issue writs for enforcement of fundamental rights and for any other purpose, but service matters are now handled by Administrative Tribunals to reduce judicial burden.

Multiple choice

On which of the following subjects, Administrative Tribunal has no right to adjudicate disputes?

  1. Members of the Defence Forces

  2. Judges and servants of the Supreme Court or of any High Court

  3. Members of the Secretariat Staff of Parliament or of any legislature of any State or Union Territory

  4. All of the above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Administrative Tribunal has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto. This was done in pursuance of the amendment of Constitution of India by Article 323A.

Multiple choice

The advice of the Supreme Court is

  1. not binding on the President

  2. binding on the President

  3. binding on the President if it tendered unanimously

  4. binding in certain cases and not binding in others
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Correct Answer: not binding on the President   As per Article 143 the President has the power to address questions to the Supreme Court, which he deems important for public welfare. The Supreme Court “advises” the President by answering the query put before it. Till date this mechanism has been put to use only twelve times. However, it is not binding on the President.

Multiple choice

The Judges of the Supreme Court, after retirement are not permitted to carry on practice before

  1. the Supreme Court of India

  2. the High Courts

  3. the District and Sessions Courts

  4. any of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under Article 124(7) of the Constitution, retired Supreme Court judges are prohibited from practicing before any court in India - including the Supreme Court, High Courts, or lower courts. This restriction ensures judicial independence and prevents former judges from arguing cases they might have previously influenced or could influence through their connections.

Multiple choice

According to Article 50, the state shall take steps to separate

  1. the judiciary from the executive in the public services of the state

  2. functioning of judiciary from executive

  3. the powers of judiciary from the executive

  4. the powers of judiciary from the legislature

  5. Noen of these
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Option (1) is correct: Under Article 50, the State shall take steps to separate the judiciary from the executive in the public services of the state. Option (2) is incorrect: The state shall not separate functioning of judiciary from executive. Option (3) is incorrect: The state shall not separate the powers of judiciary from the executive. Option (4) is incorrect: The state shall not separate the powers of judiciary from the legislature.