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

You are in the ‘Legal Section’ of a government department where you provide legal inputs, case laws (judgement of a court on an issue) to defend the department in cases coming before the High Court. An important case is coming up in a few days for which inputs have to be given to the legal counsel (Advocate) by tomorrow. Your boss has asked you to quote a specific case law in the department’s input to be given to the counsel. You are aware that there is another recent case law (Court’s judgement on an issue) of the jurisdictional High Court, which supports the Department’s case much better. But you don’t have its particulars or the copy of the judgement. Locating it and citing the facts from it may take a few hours more. This would mean staying back till late in the office. In such a situation what would you do?

  1. Quote the case which the boss wants you to and submit the inputs.

  2. Stay back till late night, find the new case law and include the inputs from it.

  3. Speak to your boss and the government counsel that you are wanting to include the new case law and take time till next day for giving the submission.

  4. Ask the counsel to seek adjournment from the High Court as inclusion of the new case law and preparation of the submission will take time.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

2.5 marks if option is (b) 1.5 marks if option is (c) 0 marks if option is (a) or (d) Rationale/ Reasoning (b) Option ‘b’ shows your eagerness to walk the extra mile without even being asked to do so. (c) Option ‘c’ still reflects, your desire to make value addition to work and that you take initiative. But taking extra day implies that you want to take initiative at your own convenience and are not ready to bend your back in the call of your duty. (a) Option ‘a’ indicates lack of exercise of initiative, despite having the ability to do so. (d) Option ‘d’ serves little purpose as it defeats the organisational objective and interest. Principles/ Values tested Initiative/ desire to walk the extra mile/ devotion to duty.  

Multiple choice

The district level court deals with the cases involving claims upto Rs. 20 lakhs, the state level courts between Rs. 20 lakhs and Rs. 1 crore and the national level court deals with cases involving claims exceeding

  1. Rs. 10 crores

  2. Rs. 1 crore

  3. Rs. 100 crores

  4. Rs. 50 crores

  5. None of these
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The district level court deals with the cases involving claims upto Rs. 20 lakhs, the state level courts between Rs. 20 lakhs and Rs. 1 crore and the national level court deals with cases involving claims exceeding Rs. 1 crore. 

Multiple choice

Sessions Judge shall be appointed by_____.

  1. High Court

  2. Supreme Court

  3. State Government

  4. Central Government
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Section 9 of the Criminal Procedure Code: The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

Multiple choice

Assertion (A): The Supreme Court is a Court of Record. Reason (R): Once a court is made a Court of Record, its power to punish for its contempt necessarily follows from that position.

  1. Both (A) and (R) are true and (R) is the correct explanation of (A).

  2. Both (A) and (R) are true and (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

 A Court of Record is a court the records of which are admitted to be of evidentiary value and they are not to be questioned when they are produced before any court. The court shall have the power to punish for contempt of itself. As a matter of fact, once you make a court a court of record by statute, the power to punish for contempt necessarily follows.

Multiple choice

Assertion (A): The person appointed as a Judge of High Court, must be in the opinion of the President, a distinguished jurist. Reason (R): He must have held office for at least 10 years in territory of India.

  1. Both (A) and (R) are true and (R) is the correct explanation of (A).

  2. Both (A) and (R) are true and (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The person appointed as a Judge of High Court must be, in the opinion of the President, a distinguished jurist AND he must have held office for at least 10 years in a territory of India.

Multiple choice

According to the passage, why is the Supreme Court sometimes referred to as “Lords of the Green Bench”?

Directions: Read the following passage carefully and answer the question.

Beginning during the late 1980’s, the Indian Supreme Court has been actively engaged in the environmental concerns that face the country. While in many countries, this aspect is done through either the executive or legislative branch, in India, this is the role of the Supreme Court. Because of this, the Supreme Court of India has been engaged in both the interpretation and introduction of new changes in environmental law. The Court has enacted new principles to protect the environment as well as to reinterpret existing laws. It has also created new organisations as well as conferred additional powers on existing organisations through directives and judgments.
The Court directions on issues related to the environment go well beyond questions about law. These include executive actions and technical details of environmental actions to be implemented. The Court’s involvement has engendered criticism, both positive and negative, in which they are heralded as pioneering while at the same time as their directives are based on their discretion solely they are referred to as “Lords of the Green Bench”.
The reasons are complex for the increased involvement of the Supreme Court. One major factor is because government agencies and state-owned businesses have failed to follow regulatory guidelines. As a result, this has prompted many NGOs to file public interest complaints within the Courts, especially with the Supreme Court.
Public interest litigation is not only the province of the Supreme Court. This type of litigation as well as judicial activism on environmental issues takes place in the High Courts of individual states.
Judicial activism has delivered positive effects for India. Many supporters claim that the Supreme Court has become a symbol of hope. This has resulted in the delivery of a normative regime of rights and the insistence that no Indian state can act arbitrarily, but must act reasonably and in the public interest. It goes further to state that such action will be made invalid by judicial action.
While this is a positive step forward, India’s judicial activism has had several adverse consequences. First and foremost is the fact that many public interest cases are repeatedly filed to block projects to improve infrastructure that is aimed at solving environmental issues. These projects include water works, expressways, and acquisition of land for projects as well as power generation projects. This litigation routinely delays these projects, in many cases for years. During this delay, pollution continues and results in both illness and deaths related to pollution.
In several key cases, through judicial activism, it was found that statedevelo directed economic development was both ineffective and failed in the delivery of the development goals. Based on these assessments, the Court then interpreted laws and issued directives that encouraged greater competition and free market solutions to reduce pollution. On the other hand, in other cases, the interpretations and directions which the Court issued have actually preserved state-owned companies by preserving their labour practices and lack of regulation, which continue to be detrimental to the quality of India’s environment.

 

  1. Because the Court’s involvement has engendered positive criticism

  2. Because the Court is heralded as a pioneer in environmental laws

  3. Because the Court has engendered negative criticism and is called so in response

  4. Because the Court has acted in favour of state-owned companies who flout regulations

  5. Because the Court has increased its involvement in environmental issues
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

(1) Incorrect – This is true according to the passage, but it has engendered both positive and negative criticism and it is the negative criticism which has caused it to be referred to as “Lords of the Green Bench”. (2) Incorrect – The passage states this as a result of the positive criticism it has received. It is the negative criticism which has resulted in the Court being referred to by this term. (3) Correct – This term is used for the Court because of the negative criticism it has engendered. (4) Incorrect – The passage states this, but this is not the reason why the Court is referred to as “Lords of the Green Bench”. It is because of the negative criticism that it has engendered. (5) Incorrect – This is true, but it is not the reason. It is because of the negative criticism that it has engendered.

Multiple choice

The lowest court of revenue is that of a

  1. Naib Tehsildar

  2. Third class Magistrate

  3. Munsif

  4. Sub-Judge
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The Highest revenue court in the court of district is the court of Collector and the lowest court of revenue is that of a Naib Tehsildar. 

Multiple choice

Classification of summons case & warrant case.

  1. Is useful to determine the trial procedure to be adopted

  2. Is useful to determine the investigation procedure to be adopted

  3. Is useful to decide the question of issuance of process to the accused

  4. 1 and 3 are correct
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Classification of summons case and warrant case is useful to determine the trial procedure to be adopted and to decide the question of issuance of process to the accused.