Tag: evolution and structure of indian judiciary

Questions Related to evolution and structure of indian judiciary

Which of the following is true about the Supreme Court?

political science understanding laws rural administration evolution and structure of indian judiciary importance of laws

  1. It has only the Appellate Jurisdiction

  2. It is the highest federal court of India

  3. It does not have the Original Jurisdiction

  4. It can amend the Constitution

Show answer
Correct Option: B
Explanation:

The Supreme Court of India came into existence on 26 January 1950. It has not only succeeded in the Federal Court of India but also the British Privy Council. It is the highest Court of the Country and the last resort for solving the disputes. It is primarily a court of appeal but also has original jurisdiction in certain matters.

The power to amend the Constitution lies with the Parliament.

Besides its permanent seat at Delhi, the Supreme Court can also meet at ______________________.

political science understanding laws rural administration evolution and structure of indian judiciary importance of laws

  1. any other metropolitan city

  2. any other major city

  3. any other place as decided by the Chief Justice of India in consultation with the President

  4. any other Union Territory

Show answer
Correct Option: C
Explanation:

Article 130 of the Constitution of India declares Delhi as the seat of the Supreme Court but it also authorises the Chief Justice of India with the approval of the President to appoint other place or places as the seat of the Supreme court. This provision is not mandatory.

The Supreme Court was set up under ________________.

political science understanding laws rural administration evolution and structure of indian judiciary importance of laws

  1. Pitt's India Act

  2. Regulating Act

  3. Indian Councils Act, 1861

  4. Indian Councils Act, 1892

Show answer
Correct Option: B
Explanation:

The Regulating Act, 1773 in British India provided for the establishment of Supreme court of Judicature at Fort Williams, Calcutta with one Chief Justice and three other Judges.

The Constitution of India has ensured independence of judiciary by:
(i) protecting salaries and service conditions of judges.
(ii) prohibiting the judges from carrying on practice in courts of law after retirement.
(iii) providing Single judiciary.
(iv) ensuring security of tenure of judges. 

political science understanding laws rural administration evolution and structure of indian judiciary importance of laws

  1. ii, iii, iv

  2. i, ii, iv

  3. i, ii, iii, iv

  4. i, iii

Show answer
Correct Option: C
Explanation:
The Indian Constitution has adopted single and Integrated judiciary but has also made several provisions to ensure the independence of the judiciary. 
Fixed Service Conditions - The salaries, allowances, privileges, pension of the Judges are determined by Parliament and cannot be changed to their disadvantage except under the circumstances expressly provided in by the Constitution.
Security of Tenure - Judges are appointed by the President and they can be removed following the strict grounds. They don't hold office during the pleasure of the president.
Ban on Practice after retirement - The judges are prohibited to plead or act in any court within India after their retirement. This ensures that they don't have to favour anyone during their job for future benefit.

The main sources of law in India are:
1. The Constitution
2. Statutes
3. Customary law
4. Judicial decisions of superior courts.

political science understanding laws rural administration evolution and structure of indian judiciary importance of laws

  1. I and II

  2. I, II and IV

  3. II and IV

  4. I, II, III and IV

Show answer
Correct Option: D
Explanation:

The legal system is the skeleton of any Country. The sources of laws in India are numerous. Foremostly, the constitution which is the supreme law of the land and which paves way for other laws to be made. Parliament enacts legislation on a particular subject matter and so do State legislature which prevails in form of law. Customary practices which are old and accepted by people and is in force since time immemorial become usage which is recognized by law. The case decided by courts (superior courts) mostly on the points when there is the absence of any express law acquires the form of law as precedents in the country. 

The Constitution makes provisions to ensure the independence of judges. Which one of the provisions given below is wrong in this context?

political science understanding laws rural administration evolution and structure of indian judiciary importance of laws

  1. Though appointed by the President their removal is a difficult process

  2. Their salaries are charged on the Consolidated Fund of India (or the State)

  3. A retired judge can be appointed to any office under the Government

  4. The conduct of a judge cannot be discussed in Parliament, except upon a motion regarding his removal

Show answer
Correct Option: C
Explanation:

The Judiciary in India is single, integrated and independent. Article 50 of the Constitution of India provides for the separation of judiciary from the executive. To maintain the independence of the Supreme Court article constitution prohibits the retired judges to plead or act in any court or before any authority within the territory of India.

Which of the following statements with respect to the judiciary in India is/are correct?
1. Unlike in the United States, India has provided for a double system of courts.
2. Under the Constitution of India, there is a single integrated system of courts for the Union as well as the states.
3. The organisation of the subordinate judiciary varies slightly from the state to state.
Select the correct answer using the code given below: 

political science understanding laws rural administration evolution and structure of indian judiciary importance of laws

  1. 1 only

  2. 1 and 2 only

  3. 1, 2 and 3

  4. 2 and 3 only

Show answer
Correct Option: D
Explanation:

Under the Constitution of India, there is a single integrated and independent judicial system. The Apex court of the Nation is the Supreme Court. There are however different courts in states. High Court is the highest court in the state judicial system. Below it is subordinate courts of civil and criminal matters.  The higher courts in the hierarchy have the power of hearing an appeal from the lower court and it can go until it reaches the Supreme Court whose decision will be final and binding. Unlike in the United States, India has NOT provided for a double system of courts.

Consider the following statements:
1. The Parliament cannot enlarge the jurisdiction of the Supreme Court of India as its jurisdiction is limited to that conferred by the Constitution.
2. The officers and servants of the Supreme Court and High Courts are appointed by the concerned Chief Justice and the administrative expenses are charged on the Consolidated Fund of India.
Which of the statements given above is/are correct?

political science understanding laws rural administration evolution and structure of indian judiciary importance of laws

  1. 1 only

  2. 2 only

  3. Both 1 and 2

  4. Neither 1 nor 2

Show answer
Correct Option: B
Explanation:
It is the administrative function of both the Courts, i.e. the Supreme Court and the High Court to appoint the officers and servants of the court. Article 146 deals that all the officers and servants of the Supreme Court shall be appointed by the Chief Justice of India. Further clause 3 of the Article provides that the administrative expenses shall be charged upon the Consolidated Fund of India. 
The same power for appointment of officers and servants of High Court and administrative expenses is dealt under Article 229 of the Constitution of India.

Under which law it is prescribed that all proceedings in the Supreme Court of India shall be in English language?

political science understanding laws rural administration evolution and structure of indian judiciary importance of laws

  1. The Supreme Court Rules, 1966

  2. A Legislative made by the Parliament

  3. Article 145 of the Constitution of India

  4. Article 348 of the Constitution of India

Show answer
Correct Option: D
Explanation:

Regarding the language used in the Supreme Court and the High Court and for the Acts and Bills the provision is given under Article 348 wherein it prescribes English language.

Which of the following is/are the part/parts of the procedure for the impeachment of a Judge of the Supreme Court of India?
1. A motion signed by at least 100 members of Lok Sabha or 50 members of Rajya Sabha is delivered to the Speaker or Chairman.
2. The motion is investigated by a Committee of three jurists constituted by the Speaker or Chairman.
3. The Judge will be removed by the Speaker or Chairman if the Committee of three jurists recommends.
Select the correct answer using the code given below:

political science understanding laws rural administration evolution and structure of indian judiciary importance of laws

  1. 1, 2 and 3

  2. 1 and 2 only

  3. 1 and 3 only

  4. 1 only

Show answer
Correct Option: B
Explanation:

The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Parliament. Removal motion is signed by 100 members in case of Lok Sabha and 50 members in case of Rajya Sabha and is to be given to the speaker/chairman if admitted a three-member committee is constituted by the speaker/ chairman to investigate into the charges. If the committee finds a judge to be guilty the house can take up the consideration of the motion and after the motion is passed by each house of Parliament by special majority the President passes an order removing the judge.