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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Power to take suo moto action without a formal petition
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Relaxation in the Court procedures
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Enlarging scope of a writ petition
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Transferring a case to the constitutional bench
D
Correct answer
Explanation
There are five types of writs that can be issued by the Supreme Court (under Article 32) and High Courts (under Article 226): Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto. These are essential tools for the enforcement of fundamental rights.
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The court can't interfere in implementation of the RTI Act.
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The Supreme Court and High court can interfere.
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The Central Information Commission is the last resort.
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The State Government can interefere.
B
Correct answer
Explanation
Lower Courts are barred from entertaining suits or applications against any order made under this Act. (S.23) However, the writ jurisdiction of the Supreme Court and High Courts under Articles 32 and 225 of the Constitution remains unaffected.
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File case before a court of Law
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Appeal to the Central /State Information Commission, as the case may be
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Appeal to the just above authority of appeal
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Appeal to the state/ central government
C
Correct answer
Explanation
Appeal to the just above authority of appeal. In case appeal is allowed, the Competent Authority shall supply the information to the applicant within such period as ordered by the Appellate Authority. This period shall not exceed 30 days from the date of receipt of the order. There is no provision for second appeal under the Act.
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the Court of Session
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a Magistrate of the first class
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any Magistrate
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an executive Magistrate
C
Correct answer
Explanation
Option (3) is correct: Attempt to commit suicide is triable by any Magistrate.
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High Court
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State Government
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Supreme Court with the previous approval of rules by the Central Government
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High Court with the previous approval of rules by the State Government
D
Correct answer
Explanation
Option (4) is correct: High court has the authority to annul, alter or add to the rules in the First Schedule of the Code of Civil Procedure.
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The authority of the Courts to punish political offenders
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The authority of the Courts to correct the errors of the government
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The authority of the Courts to issue various writs
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The authority of the Courts to interpret the legality of laws
D
Correct answer
Explanation
Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders. If a law or order is found to violate the Constitution, the courts can declare it null and void. This mechanism ensures the supremacy of the Constitution and protects the fundamental rights of citizens.
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22 judges
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20 judges
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26 judges
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24 judges
C
Correct answer
Explanation
Historically, the Supreme Court of India consisted of a Chief Justice and 25 other judges (total 26) following an amendment in 1986. The sanctioned strength has since been increased to 31 in 2009 and further to 34 in 2019. Given the options, 26 represents the total sanctioned strength that was in place for a long period before the 2009 increase.
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Parliament by law
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Parliament by resolution
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President of India
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President of India in consultation with the Chief Justice of India
A
Correct answer
Explanation
Option (1) is correct: The Jurisdiction of the Supreme Court may be enlarged by the Parliament by law.
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Article 32
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Article 226
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Article 227
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Article 141
C
Correct answer
Explanation
Option (3) is correct: Article 227 of the constitution states that the high court can exercise the supervisory jurisdiction over the courts and tribunals subordinate to it.
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The plaintiff frames his suit in a manner not warranted by the facts and goes for his relief to a court which cannot grant him.
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The plaintiff chooses a wrong court in respect of territorial limits.
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The plaintiff chooses a wrong court in respect of pecuniary limits.
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Both (2) and (3)
D
Correct answer
Explanation
Option (4) is correct: The plaint will be ordered to be returned for presentation to the proper court if the plaintiff chooses a wrong court in respect of territorial or pecuniary limits.
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Section 2(8)
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Section 2(4)
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Section 2(5)
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Section 2(2)
A
Correct answer
Explanation
Option (1) is correct: Section 2(8) of the Code of Civil Procedure, 1908 defines "judge" as the presiding officer of a civil court.
Option (2) is incorrect: Section 2(4) of the Code of Civil Procedure, 1908 defines “district”.
Option (3) is incorrect: Section 2(5) of the Code of Civil Procedure, 1908 defines foreign “judgement”.
Option (4) is incorrect: Section 2(2) of the Code of Civil Procedure, 1908 defines “decree”.
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The Sessions Court
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The Court of Magistrate of 1st Class
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The Court of Magistrate of 2nd Class
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The Court of Chief Judicial Magistrate
B
Correct answer
Explanation
Option (2) is correct: The Court of Magistrate of 1st class has the power to grant maintenance to wife, children and parents under the CrPC.
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a safeguard for the civil rights of the people
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a danger to the constitution
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an obstacle to the ministry
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a detriment to the democracy
A
Correct answer
Explanation
An independent judiciary acts as a check on the other branches of government. It ensures that the rule of law is maintained and protects the fundamental rights of citizens from encroachment.