Civics Polity ยท 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
Can a party aggrieved by the decision of CESTAT file an appeal to the Supreme Court?
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Yes, as a matter of right
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Yes, with the permission of CESTAT
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No, the decision of CESTAT is final
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No, unless a substantial question of law is involved
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.
What are some of the recent trends in PIL in India?
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There has been an increase in the number of PILs being filed.
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There has been an increase in the number of PILs being disposed of.
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There has been an increase in the number of PILs being filed by non-governmental organizations (NGOs).
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All of the above.
D
Correct answer
Explanation
Recent trends in PIL in India include an increase in the number of PILs being filed, an increase in the number of PILs being disposed of, and an increase in the number of PILs being filed by non-governmental organizations (NGOs).
Who is considered the father of judicial review?
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Alexander Hamilton
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James Madison
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John Marshall
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Thomas Jefferson
C
Correct answer
Explanation
John Marshall is considered the father of judicial review due to his opinion in Marbury v. Madison, which established the principle of judicial review in the United States.
Which type of judicial review involves a court examining a law to determine if it violates the rights guaranteed by the Constitution?
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Substantive judicial review
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Procedural judicial review
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Strict judicial review
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Lenient judicial review
A
Correct answer
Explanation
Substantive judicial review involves a court examining a law to determine if it violates the rights guaranteed by the Constitution.
Which type of judicial review involves a court examining a law to determine if it was passed in accordance with the proper legal procedures?
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Substantive judicial review
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Procedural judicial review
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Strict judicial review
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Lenient judicial review
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.
Which type of judicial review involves a court giving a broad interpretation to the Constitution in order to uphold a law?
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Substantive judicial review
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Procedural judicial review
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Strict judicial review
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Lenient judicial review
D
Correct answer
Explanation
Lenient judicial review involves a court giving a broad interpretation to the Constitution in order to uphold a law.
Which type of judicial review involves a court giving a narrow interpretation to the Constitution in order to strike down a law?
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Substantive judicial review
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Procedural judicial review
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Strict judicial review
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Lenient judicial review
C
Correct answer
Explanation
Strict judicial review involves a court giving a narrow interpretation to the Constitution in order to strike down a law.
Which of the following is NOT a power exercised by High Courts in PIL cases?
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Issuing writs of habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
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Granting interim relief and injunctions.
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Passing declaratory judgments.
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Awarding damages and compensation.
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.
What is the significance of the Supreme Court's judgment in the case of PUCL vs. Union of India (2018) in relation to PIL?
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It laid down guidelines for the filing and adjudication of PIL cases.
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It emphasized the need for judicial restraint in PIL cases.
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It clarified the scope of PIL and the locus standi requirement.
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All of the above.
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.
Which of the following is NOT a type of relief that High Courts can grant in PIL cases?
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Injunctions
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Declaratory judgments
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Writs
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Damages
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.
Which country's constitution explicitly grants the power of judicial review to its Supreme Court?
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United States
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Canada
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United Kingdom
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Australia
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.
In which country did the doctrine of judicial review originate?
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United States
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United Kingdom
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France
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Germany
A
Correct answer
Explanation
The doctrine of judicial review originated in the United States in the case of Marbury v. Madison (1803), in which the Supreme Court declared a law unconstitutional for the first time.
In which country does the highest court have the power to declare laws unconstitutional, but only after they have been enacted?
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United States
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Canada
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United Kingdom
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Australia
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.
Which of the following is not a function of Panchayati Raj Institutions?
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Construction and maintenance of roads
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Provision of healthcare services
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Collection of taxes
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Administration of justice
D
Correct answer
Explanation
Administration of justice is not a function of Panchayati Raj Institutions. This function is performed by the judiciary.
What is the power of the judiciary to declare laws passed by the legislature as unconstitutional called?
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Judicial Review
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Legislative Review
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Executive Review
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Constitutional Review
A
Correct answer
Explanation
Judicial review is the power of the judiciary to declare laws passed by the legislature as unconstitutional.