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
Which of the following is a characteristic of the system of judicial review in the European Union?
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It is a centralized system
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It is a decentralized system
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It is a mixed system
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It is a non-existent system
C
Correct answer
Explanation
The system of judicial review in the EU is a mixed system that combines elements of both centralized and decentralized systems. The ECJ plays a central role in the system, but national courts also have a significant role in enforcing and interpreting EU law.
What are the two types of due process?
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Procedural due process and substantive due process
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Civil due process and criminal due process
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Federal due process and state due process
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Legislative due process and executive due process
A
Correct answer
Explanation
There are two types of due process: procedural due process and substantive due process. Procedural due process protects individuals from government action that deprives them of life, liberty, or property without a fair hearing. Substantive due process protects individuals from government action that is arbitrary or unreasonable.
Where should an election petition be filed?
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High Court
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Supreme Court
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District Court
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Election Commission of India
A
Correct answer
Explanation
An election petition should be filed in the High Court of the state in which the election was held.
Who is responsible for hearing and deciding election petitions?
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High Court
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Supreme Court
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District Court
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Election Commission of India
A
Correct answer
Explanation
The High Court of the state in which the election was held is responsible for hearing and deciding election petitions.
What are the remedies that the High Court can grant in an election petition?
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Declaring the election void
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Ordering a fresh election
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Imposing a fine on the candidate
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All of the above
D
Correct answer
Explanation
The High Court can declare the election void, order a fresh election, or impose a fine on the candidate.
Can an appeal be filed against the decision of the High Court in an election petition?
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Yes
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No
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Only if the decision is based on a question of law
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Only if the decision is based on a question of fact
A
Correct answer
Explanation
An appeal can be filed against the decision of the High Court in an election petition to the Supreme Court.
Who is responsible for hearing and deciding appeals against the decision of the High Court in an election petition?
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High Court
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Supreme Court
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District Court
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Election Commission of India
B
Correct answer
Explanation
The Supreme Court is responsible for hearing and deciding appeals against the decision of the High Court in an election petition.
What are the remedies that the Supreme Court can grant in an appeal against the decision of the High Court in an election petition?
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Upholding the decision of the High Court
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Setting aside the decision of the High Court
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Ordering a fresh election
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All of the above
D
Correct answer
Explanation
The Supreme Court can uphold the decision of the High Court, set aside the decision of the High Court, or order a fresh election.
Which of the following institutions is NOT involved in Institutional ADR?
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Arbitration and Conciliation Act, 1996
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Lok Adalats
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National Legal Services Authority
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Supreme Court of India
D
Correct answer
Explanation
The Supreme Court of India is not directly involved in Institutional ADR, although it has the power to review and set aside arbitration awards.
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Permanent judicial bodies
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Temporary courts established for specific disputes
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Informal forums for resolving disputes through conciliation
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Tribunals established under the Arbitration and Conciliation Act, 1996
C
Correct answer
Explanation
Lok Adalats are informal forums where disputes are resolved through conciliation and negotiation, rather than through formal litigation.
A trial in which the verdict is determined by a judge rather than a jury is known as a:
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Bench trial
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Jury trial
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Summary trial
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Arbitration
A
Correct answer
Explanation
A bench trial is a trial in which the verdict is determined by a judge rather than a jury.
What is the scope of appeal against an order passed in revision under the Central Excise Act, 1944?
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The Appellate Tribunal can review the facts and evidence of the case
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The Appellate Tribunal can only correct errors of law
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The Appellate Tribunal can do both
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None of the above
C
Correct answer
Explanation
Under Section 35H of the Central Excise Act, 1944, the Appellate Tribunal has the power to review the facts and evidence of the case as well as correct errors of law.
Who has jurisdiction over cases involving tribal members on tribal lands?
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State courts
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Federal courts
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Tribal courts
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All of the above
C
Correct answer
Explanation
Tribal courts have jurisdiction over cases involving tribal members on tribal lands, unless the case involves a major crime or a dispute between a tribal member and a non-tribal member.
What types of cases do tribal courts typically handle?
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Criminal cases
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Civil cases
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Family law cases
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All of the above
D
Correct answer
Explanation
Tribal courts handle a wide range of cases, including criminal cases, civil cases, family law cases, and juvenile delinquency cases.
Who are the judges in tribal courts?
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Tribal members elected by the community
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Federal judges appointed by the President
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State judges appointed by the Governor
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None of the above
A
Correct answer
Explanation
Tribal judges are typically tribal members who are elected by the community. They are responsible for hearing cases and issuing rulings.