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.

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Judiciary and Legal Systems Questions

Multiple choice
  1. advisory jurisdiction

  2. appellate jurisdiction

  3. original jurisdiction

  4. writ jurisdiction

Reveal answer Fill a bubble to check yourself
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.

Multiple choice
  1. Appeals made in civil, criminal and Constitutional cases.

  2. Appeals made in disputes between the Union and a state on one side and other states on other side.

  3. Adjudication of disputes between the Union and the states.

  4. Adjudication of disputes between states.

Reveal answer Fill a bubble to check yourself
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.

Multiple choice
  1. A case must be brought before the Supreme Court regarding the validity of a law.

  2. Unanimous opinion of all judges is necessary for declaring a law null and void.

  3. Legislative enactments and executive orders may be struck down by the Supreme Court.

  4. This power is implicit in the provisions of Article 13 of the Constitution.

Reveal answer Fill a bubble to check yourself
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.

Multiple choice
  1. Original jurisdictions

  2. Advisory jurisdictions

  3. Appellate and advisory jurisdictions

  4. Original, appellate and advisory jurisdictions

Reveal answer Fill a bubble to check yourself
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).

Multiple choice
  1. under Order IX, Rule 1 of the CPC

  2. under Order IX, Rule 3 of the CPC

  3. under Order IX, Rule 8 of the CPC

  4. Both (2) and (3)

Reveal answer Fill a bubble to check yourself
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. 

Multiple choice
  1. Granting or refusing to grant any measure under section 9

  2. Setting aside or refusing to set aside an arbitral award under section 34

  3. Only (1) is correct.

  4. Both (1) and (2) are correct.

Reveal answer Fill a bubble to check yourself
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

Multiple choice

Why did Sravan Kumar say that the gall bladders had been taken out of pigs? (i) Because pigs do not figure among the five schedules in the Indian Wildlife Protection Act of 1973 (ii) Because he wanted to avoid prosecution (iii) Because he did not consider it morally wrong to say so (iv) Because he had bribed a forensic scientist to support his statements

Directions: Study the situation given below and answer these questions.
On November 26, 1993, the airport police caught a youth Sravan Kumar trying to smuggle 98 dried bear gall bladders out the country. They looked like shriveled black mangoes and no one but an expert could say that the weird looking things came from an animal. Even experts could falter in identifying the species of the animal the gall bladders came from. This if the gall bladders came from the Himalayan brown bear as the airport police suspected, then Sravan Kumar should have been prosecuted under the law. Actually, drugs made from bear gall bladder are used in Tibetan medicine as cures for various ailments including joint aches, rheumatism, cataracts, gall stones, cancer and even as aphrodisiacs. Since these drugs are highly reputed (despite their being actually useless), the intact gall bladders of bear sell in the international markets at phenomenal rates. This has caused poaching of bears and the consequent fall in bear population.

Sravan Kumar understood that he had been caught red-handed. The best way to circumvent the law was to deny that these were bear gall bladders. Consequently, he asserted that the gall bladders had been taken out from pigs and not from bears. Since pig is not protected species in the Act, Sravan Kumar could go scot free. He banked upon the fact that the gall bladders of large mammals look quite alike and extremely difficult to distinguish one from the other. In effect, the question belonged to pigs or to bears. It was at this state that the airport police asked for my help.

Despite common belief, forensic science doesn’t enter to solving murders, killings or assassinations. Forensic science is the application of scientific knowledge to solve any legal dispute. Since here the police did face a legal dilemma, forensic science could come to their rescue.
During recent years, the law enforcement agencies involved in protecting wildlife are increasingly turning to forensic sciences to bring the culprits to book. Protected animals are killed either because of false beliefs in the curative powers of medicines made form their body part or because of their valuable furs or hides or sometimes just for plain fun. Poaching of elephants for ivory is a common problem. But ivory comes from a number of sources (as many as fifteen), and often the criminals find it convenient to assert the ivory is illegal, trading in the ivory of now extinct mammoths and mastodons is totally legal (where there would hardly a point in making it illegal, since mammoths and mastodons are already extinct). These is synthetic ivory too, which is plastic like material. Whenever smugglers are caught with ivory, their standard answer is that the ivory is from a mammoth which is completely legal.

Forensic science once again comes to the rescue of wildlife officers. It helps in differentiating Ivory coming various sources. Mammoth ivory is usually darker than elephant ivory, since it contains traces of iron which has oxidized over time, but that is not always the case. The best way ivory from various sources can be distinguished is by observing what are known as Schreyer lines. Ivory is criss-crossed by dentinal tubules, which can be seen under a scanning electron micro-scope (SEM) as straight lines. These tubules were first described by a German researcher Schreger, after whom these lines are named. These Schreger lines form a unique pattern in each species. For instance, while in elephants, these lines always meet at an angle greater than 110 degrees, in mammoths, the form is a very conveniently basis for differentiating between the ivories of mammoth and elephant.
  1. i only

  2. i & ii only

  3. i, ii, & iii only

  4. ii & iii only

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Sravan Kumar claimed the gall bladders were from pigs because (i) pigs are not a protected species under the Wildlife Protection Act of 1973, and (ii) he wanted to avoid prosecution for smuggling bear parts. The passage states: 'Since pig is not protected species in the Act, Sravan Kumar could go scot free,' indicating both legal status and his intent to escape punishment.

Multiple choice

Why did the airport police seek the authors' help?

Directions: Study the situation given below and answer these questions.
On November 26, 1993, the airport police caught a youth Sravan Kumar trying to smuggle 98 dried bear gall bladders out the country. They looked like shriveled black mangoes and no one but an expert could say that the weird looking things came from an animal. Even experts could falter in identifying the species of the animal the gall bladders came from. This if the gall bladders came from the Himalayan brown bear as the airport police suspected, then Sravan Kumar should have been prosecuted under the law. Actually, drugs made from bear gall bladder are used in Tibetan medicine as cures for various ailments including joint aches, rheumatism, cataracts, gall stones, cancer and even as aphrodisiacs. Since these drugs are highly reputed (despite their being actually useless), the intact gall bladders of bear sell in the international markets at phenomenal rates. This has caused poaching of bears and the consequent fall in bear population.

Sravan Kumar understood that he had been caught red-handed. The best way to circumvent the law was to deny that these were bear gall bladders. Consequently, he asserted that the gall bladders had been taken out from pigs and not from bears. Since pig is not protected species in the Act, Sravan Kumar could go scot free. He banked upon the fact that the gall bladders of large mammals look quite alike and extremely difficult to distinguish one from the other. In effect, the question belonged to pigs or to bears. It was at this state that the airport police asked for my help.

Despite common belief, forensic science doesn’t enter to solving murders, killings or assassinations. Forensic science is the application of scientific knowledge to solve any legal dispute. Since here the police did face a legal dilemma, forensic science could come to their rescue.
During recent years, the law enforcement agencies involved in protecting wildlife are increasingly turning to forensic sciences to bring the culprits to book. Protected animals are killed either because of false beliefs in the curative powers of medicines made form their body part or because of their valuable furs or hides or sometimes just for plain fun. Poaching of elephants for ivory is a common problem. But ivory comes from a number of sources (as many as fifteen), and often the criminals find it convenient to assert the ivory is illegal, trading in the ivory of now extinct mammoths and mastodons is totally legal (where there would hardly a point in making it illegal, since mammoths and mastodons are already extinct). These is synthetic ivory too, which is plastic like material. Whenever smugglers are caught with ivory, their standard answer is that the ivory is from a mammoth which is completely legal.

Forensic science once again comes to the rescue of wildlife officers. It helps in differentiating Ivory coming various sources. Mammoth ivory is usually darker than elephant ivory, since it contains traces of iron which has oxidized over time, but that is not always the case. The best way ivory from various sources can be distinguished is by observing what are known as Schreyer lines. Ivory is criss-crossed by dentinal tubules, which can be seen under a scanning electron micro-scope (SEM) as straight lines. These tubules were first described by a German researcher Schreger, after whom these lines are named. These Schreger lines form a unique pattern in each species. For instance, while in elephants, these lines always meet at an angle greater than 110 degrees, in mammoths, the form is a very conveniently basis for differentiating between the ivories of mammoth and elephant.
  1. Because he is a detective

  2. Because he is an expert in the field of forensic science

  3. Because he is a foreigner, settled in India

  4. Because he is a great champion of Wild Life Protection in India

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The passage states: 'Since here the police did face a legal dilemma, forensic science could come to their rescue.' The author was specifically consulted because they had expertise in forensic science, which applies scientific knowledge to solve legal disputes like determining species identification from biological samples.

Multiple choice

Sravan Kumar based his hopes on which of the following?

Directions: Study the situation given below and answer these questions.
On November 26, 1993, the airport police caught a youth Sravan Kumar trying to smuggle 98 dried bear gall bladders out the country. They looked like shriveled black mangoes and no one but an expert could say that the weird looking things came from an animal. Even experts could falter in identifying the species of the animal the gall bladders came from. This if the gall bladders came from the Himalayan brown bear as the airport police suspected, then Sravan Kumar should have been prosecuted under the law. Actually, drugs made from bear gall bladder are used in Tibetan medicine as cures for various ailments including joint aches, rheumatism, cataracts, gall stones, cancer and even as aphrodisiacs. Since these drugs are highly reputed (despite their being actually useless), the intact gall bladders of bear sell in the international markets at phenomenal rates. This has caused poaching of bears and the consequent fall in bear population.

Sravan Kumar understood that he had been caught red-handed. The best way to circumvent the law was to deny that these were bear gall bladders. Consequently, he asserted that the gall bladders had been taken out from pigs and not from bears. Since pig is not protected species in the Act, Sravan Kumar could go scot free. He banked upon the fact that the gall bladders of large mammals look quite alike and extremely difficult to distinguish one from the other. In effect, the question belonged to pigs or to bears. It was at this state that the airport police asked for my help.

Despite common belief, forensic science doesn’t enter to solving murders, killings or assassinations. Forensic science is the application of scientific knowledge to solve any legal dispute. Since here the police did face a legal dilemma, forensic science could come to their rescue.
During recent years, the law enforcement agencies involved in protecting wildlife are increasingly turning to forensic sciences to bring the culprits to book. Protected animals are killed either because of false beliefs in the curative powers of medicines made form their body part or because of their valuable furs or hides or sometimes just for plain fun. Poaching of elephants for ivory is a common problem. But ivory comes from a number of sources (as many as fifteen), and often the criminals find it convenient to assert the ivory is illegal, trading in the ivory of now extinct mammoths and mastodons is totally legal (where there would hardly a point in making it illegal, since mammoths and mastodons are already extinct). These is synthetic ivory too, which is plastic like material. Whenever smugglers are caught with ivory, their standard answer is that the ivory is from a mammoth which is completely legal.

Forensic science once again comes to the rescue of wildlife officers. It helps in differentiating Ivory coming various sources. Mammoth ivory is usually darker than elephant ivory, since it contains traces of iron which has oxidized over time, but that is not always the case. The best way ivory from various sources can be distinguished is by observing what are known as Schreyer lines. Ivory is criss-crossed by dentinal tubules, which can be seen under a scanning electron micro-scope (SEM) as straight lines. These tubules were first described by a German researcher Schreger, after whom these lines are named. These Schreger lines form a unique pattern in each species. For instance, while in elephants, these lines always meet at an angle greater than 110 degrees, in mammoths, the form is a very conveniently basis for differentiating between the ivories of mammoth and elephant.
  1. The lack of expertise in the field of forensic science

  2. The fact that the gall bladders had been taken from bears and not pigs

  3. The fact that the gall bladders of large mammals look quite alike

  4. The fact that intact gall bladders sell in the international market

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Sravan Kumar banked on the fact that 'the gall bladders of large mammals look quite alike and extremely difficult to distinguish one from the other.' This visual similarity between species made it difficult to prove the organs came from protected bears rather than unprotected pigs, creating reasonable doubt he hoped to exploit.

Multiple choice
  1. Supreme Court

  2. High Courts

  3. Supreme Court and High Courts

  4. Central Government

Reveal answer Fill a bubble to check yourself
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.

Multiple choice
  1. Should have held a judicial office for not less than ten years.

  2. Should have been advocate in a High Court for not less ten years.

  3. Either (a) or (b)

  4. None of these

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

According to Article 217 of the Constitution, a person must be either a citizen of India who has held judicial office for at least 10 years, or has been an advocate of a High Court for at least 10 years. Both qualifications independently make a person eligible - they are alternatives, not cumulative requirements. Option C correctly states that either qualification suffices.

Multiple choice
  1. Review

  2. Reference

  3. Appeal

  4. Revision

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Under Section 113 of the Code of Civil Procedure, a reference is to enable subordinate courts to obtain in non-appealable cases the opinion of the High Court in the absence of a question of law and thereby avoid the commission of an error which cannot be remedied later on.

Multiple choice
  1. for the whole day

  2. during any part of normal working hours

  3. for substantial part of the day

  4. for more than half of the normal working hours

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Section 4 state that where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court re-opens. A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours, it remains closed on that day.