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
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Appellate
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Writ
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Original
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Advisory
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None of these
D
Correct answer
Explanation
Option (1) is incorrect: The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases.
Option (2) is incorrect: Writ jurisdiction of the Supreme Court has been dealt with in Article 32 of the Constitution of India.
Option (3) is incorrect: Original jurisdiction of the Supreme Court has been dealt with in Article 131 of the Constitution of India.
Option (4) is correct: Advisory jurisdiction of the Supreme Court has been dealt with in Article 143 of the Constitution of India.
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recovered from the defendant
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recovered from the state government
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recovered from the plaintiff
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recoverable
D
Correct answer
Explanation
Option (1) is incorrect: Where an indigent person succeeds, the court fee shall not be recovered from the defendant.
Option (2) is incorrect: Where an indigent person succeeds, the court fee shall not be recovered from the state government.
Option (3) is incorrect: Where an indigent person succeeds, the court fee shall be recoverable from the plaintiff.
Option (4) is correct: Where an indigent person succeeds, the court fee shall legally be recoverable.
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plaintiff resides
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plaintiff carries on his profession
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the subject matter is situated
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the permission of the District Judge in the court
C
Correct answer
Explanation
Option (1) is incorrect: Suit for partition of immovable property shall not be instituted in the court where plaintiff resides.
Option (2) is incorrect: Suit for partition of immovable property shall not be instituted in the court where plaintiff carries on his profession.
Option (3) is correct: Under Section 16 of the Code of Civil Procedure, a suit for partition of immovable property shall be instituted in the court where the subject matter is situated.
Option (4) is incorrect: Suit for partition of immovable property shall not require the permission of District Judge to be instituted.
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rejected
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returned
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maintainable
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referred for opinion to the appellate court
C
Correct answer
Explanation
Option (1) is incorrect: Cannot be rejected
Option (2) is incorrect: Cannot be returned
Option (3) is correct: Maintainable under explanation provided under Order 9, Rule 13 of the CPC
Option (4) is incorrect: Cannot be referred for opinion to the appellate court
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the trial court only
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the first appellate court only
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the second appellate court only
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either the trial court or the first appellate court or the second appellate court
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None of these
A
Correct answer
Explanation
Option (1) is correct: Under Order VI, Rule 17 of the CPC, pleadings can be amended before the trial court only.
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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
Article 131 of the Constitution grants the Supreme Court original jurisdiction to decide disputes between the Government of India and states, or between states themselves. Original jurisdiction means the Court can hear these cases directly, not on appeal from lower courts. Advisory jurisdiction (Article 143) involves the President seeking the Court's opinion. Appellate jurisdiction handles appeals. Writ jurisdiction (Article 32) concerns fundamental rights enforcement.
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Supreme Court of India
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High Court
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Chief Metropolitan Magistrate
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District Court
A
Correct answer
Explanation
The Supreme Court restored judicial review power in Kesavananda Bharati v. State of Kerala (1973) by establishing the 'basic structure' doctrine. This ruling overturned the earlier Golak Nath verdict and allowed Parliament to amend any part of the Constitution (including Fundamental Rights) provided it did not destroy the Constitution's basic structure. High Courts and District Courts do not have constitutional interpretation authority at this level.
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State list
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Concurrent list
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both (1) and (2)
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none of these
A
Correct answer
Explanation
The State List contains 61 subjects on which only state legislatures can make laws. These include matters like police, public health, agriculture, and local government - areas primarily affecting state citizens. States have exclusive jurisdiction on these subjects, meaning Parliament cannot normally legislate on them.
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Appeals made in civil, criminal and Constitutional cases.
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Appeals made in disputes between the Union and a state on one side and other states on other side.
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Adjudication of disputes between the Union and the states.
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Adjudication of disputes between states.
A
Correct answer
Explanation
Appellate jurisdiction means the power to hear appeals from lower courts and tribunals. The Supreme Court's appellate jurisdiction covers civil, criminal, and Constitutional cases under Articles 132-136. Options B, C, and D all relate to the Court's Original jurisdiction under Article 131, which deals with disputes between the Union and states or between states.
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A case must be brought before the Supreme Court regarding the validity of a law.
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Unanimous opinion of all judges is necessary for declaring a law null and void.
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Legislative enactments and executive orders may be struck down by the Supreme Court.
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This power is implicit in the provisions of Article 13 of the Constitution.
B
Correct answer
Explanation
The Supreme Court can declare a law unconstitutional through a majority decision, not unanimity. Many important landmark judgments have been decided by split benches where judges differed in their opinions. The requirement that ALL judges must agree is not constitutionally mandated and would make judicial review practically impossible.
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Original jurisdictions
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Advisory jurisdictions
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Appellate and advisory jurisdictions
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Original, appellate and advisory jurisdictions
D
Correct answer
Explanation
The Supreme Court of India has three types of jurisdiction: Original jurisdiction (in disputes between states or center-state), Appellate jurisdiction (hearing appeals from lower courts), and Advisory jurisdiction (giving legal advice to the President on constitutional matters).
C
Correct answer
Explanation
The Supreme Court can issue five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. These are constitutional remedies under Article 32.
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under Order IX, Rule 1 of the CPC
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under Order IX, Rule 3 of the CPC
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under Order IX, Rule 8 of the CPC
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Both (2) and (3)
D
Correct answer
Explanation
Under Order IX, Rule 3 of CPC, where neither party appears and under Order IX, Rule 8 of the CPC, where only defendant appears, the suit shall be dismissed in default.
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Granting or refusing to grant any measure under section 9
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Setting aside or refusing to set aside an arbitral award under section 34
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Only (1) is correct.
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Both (1) and (2) are correct.
D
Correct answer
Explanation
Section 37 of the Arbitration and Conciliation Act, 1996 states that an appeal shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order, namely:
(a) granting or refusing to grant any measure under section 9
(b) setting aside or refusing to set aside an arbitral award under section 34
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Supreme Court
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High Courts
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Supreme Court and High Courts
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Central Government
C
Correct answer
Explanation
Writs are constitutional remedies issued by the Supreme Court under Article 32 (for enforcement of Fundamental Rights) and by High Courts under Article 226 (for enforcement of any legal right). Both courts have concurrent jurisdiction to issue five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. This dual jurisdiction ensures widespread access to constitutional remedies across the country.