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

Multiple choice
  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
  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
  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
  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
  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
  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
  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
  1. Appellate

  2. Writ

  3. Original

  4. Advisory

  5. None of these

Reveal answer Fill a bubble to check yourself
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.

Multiple choice
  1. recovered from the defendant

  2. recovered from the state government

  3. recovered from the plaintiff

  4. recoverable

Reveal answer Fill a bubble to check yourself
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.

 

Multiple choice
  1. plaintiff resides

  2. plaintiff carries on his profession

  3. the subject matter is situated

  4. the permission of the District Judge in the court

Reveal answer Fill a bubble to check yourself
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.

 

Multiple choice
  1. rejected

  2. returned

  3. maintainable

  4. referred for opinion to the appellate court

Reveal answer Fill a bubble to check yourself
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

Multiple choice
  1. the trial court only

  2. the first appellate court only

  3. the second appellate court only

  4. either the trial court or the first appellate court or the second appellate court

  5. None of these

Reveal answer Fill a bubble to check yourself
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.