Civics Polity ยท 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

Which body is responsible for hearing and deciding customs appeals in India?

  1. The Supreme Court of India

  2. The High Courts

  3. The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT)

  4. The National Consumer Disputes Redressal Commission (NCDRC)
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) is the body responsible for hearing and deciding customs appeals in India. It is a quasi-judicial body established under the Customs Act, 1962.

Multiple choice

What is the procedure for filing an appeal to CESTAT?

  1. File a memorandum of appeal in the prescribed format

  2. Pay the requisite fee

  3. Serve a copy of the memorandum of appeal on the lower authority

  4. All of the above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

The procedure for filing an appeal to CESTAT involves filing a memorandum of appeal in the prescribed format, paying the requisite fee, and serving a copy of the memorandum of appeal on the lower authority.

Multiple choice

Can a party aggrieved by the decision of CESTAT file an appeal to the Supreme Court?

  1. Yes, as a matter of right

  2. Yes, with the permission of CESTAT

  3. No, the decision of CESTAT is final

  4. No, unless a substantial question of law is involved
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

A party aggrieved by the decision of CESTAT can file an appeal to the Supreme Court with the permission of CESTAT.

Multiple choice

How does the doctrine of precedent apply in customs appeals?

  1. CESTAT is bound to follow its own previous decisions on similar issues

  2. CESTAT is bound to follow the decisions of the Supreme Court on similar issues

  3. CESTAT is bound to follow the decisions of other High Courts on similar issues

  4. CESTAT is not bound by any previous decisions and is free to decide each case on its own merits
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The doctrine of precedent applies in customs appeals in the sense that CESTAT is bound to follow its own previous decisions on similar issues. This ensures consistency and predictability in the application of customs law.

Multiple choice

Which type of judicial review involves a court examining a law to determine if it violates the rights guaranteed by the Constitution?

  1. Substantive judicial review

  2. Procedural judicial review

  3. Strict judicial review

  4. Lenient judicial review
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Substantive judicial review involves a court examining a law to determine if it violates the rights guaranteed by the Constitution.

Multiple choice

Which type of judicial review involves a court examining a law to determine if it was passed in accordance with the proper legal procedures?

  1. Substantive judicial review

  2. Procedural judicial review

  3. Strict judicial review

  4. Lenient judicial review
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Procedural judicial review involves a court examining a law to determine if it was passed in accordance with the proper legal procedures.

Multiple choice

Which type of judicial review involves a court giving a broad interpretation to the Constitution in order to uphold a law?

  1. Substantive judicial review

  2. Procedural judicial review

  3. Strict judicial review

  4. Lenient judicial review
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Lenient judicial review involves a court giving a broad interpretation to the Constitution in order to uphold a law.

Multiple choice

Which type of judicial review involves a court giving a narrow interpretation to the Constitution in order to strike down a law?

  1. Substantive judicial review

  2. Procedural judicial review

  3. Strict judicial review

  4. Lenient judicial review
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Strict judicial review involves a court giving a narrow interpretation to the Constitution in order to strike down a law.

Multiple choice

Which of the following is NOT a power exercised by High Courts in PIL cases?

  1. Issuing writs of habeas corpus, mandamus, prohibition, certiorari, and quo warranto.

  2. Granting interim relief and injunctions.

  3. Passing declaratory judgments.

  4. Awarding damages and compensation.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

High Courts do not have the power to award damages and compensation in PIL cases. This power is generally exercised by civil courts.

Multiple choice

What is the significance of the Supreme Court's judgment in the case of PUCL vs. Union of India (2018) in relation to PIL?

  1. It laid down guidelines for the filing and adjudication of PIL cases.

  2. It emphasized the need for judicial restraint in PIL cases.

  3. It clarified the scope of PIL and the locus standi requirement.

  4. All of the above.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

The Supreme Court's judgment in PUCL vs. Union of India (2018) laid down comprehensive guidelines for the filing and adjudication of PIL cases, emphasized the need for judicial restraint, and clarified the scope of PIL and the locus standi requirement.

Multiple choice

Which of the following is NOT a type of relief that High Courts can grant in PIL cases?

  1. Injunctions

  2. Declaratory judgments

  3. Writs

  4. Damages
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

High Courts generally do not have the power to award damages in PIL cases. This power is usually exercised by civil courts.

Multiple choice

Which country's constitution explicitly grants the power of judicial review to its Supreme Court?

  1. United States

  2. Canada

  3. United Kingdom

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

The United States Constitution explicitly grants the power of judicial review to the Supreme Court in Article III, Section 2, which states that the Court has the power to declare laws unconstitutional.

Multiple choice

In which country does the highest court have the power to declare laws unconstitutional, but only after they have been enacted?

  1. United States

  2. Canada

  3. United Kingdom

  4. Australia
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

In the United Kingdom, the highest court, the Supreme Court, has the power to declare laws unconstitutional, but only after they have been enacted. This is known as retrospective judicial review.

Multiple choice

What is the power of the judiciary to declare laws passed by the legislature as unconstitutional called?

  1. Judicial Review

  2. Legislative Review

  3. Executive Review

  4. Constitutional Review
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Judicial review is the power of the judiciary to declare laws passed by the legislature as unconstitutional.

Multiple choice

Which case established the doctrine of judicial review in India?

  1. Kesavananda Bharati v. State of Kerala

  2. Golaknath v. State of Punjab

  3. Minerva Mills v. Union of India

  4. Marbury v. Madison
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The case of Kesavananda Bharati v. State of Kerala (1973) established the doctrine of judicial review in India.