Prepare for the UPSC Prelims with focused practice on “Indian Polity and Governance – Judiciary” through topic-wise questions. This resource provides a structured approach to mastering key concepts related to the judicial system in India.
Covering topics such as the structure of the judiciary, the functions of various courts, landmark judgments, and the role of the judiciary in upholding the rule of law, these questions help aspirants assess their understanding and identify areas for improvement.
With detailed explanations and answers, this resource serves as a valuable tool for reinforcing knowledge and building confidence to tackle UPSC Prelims questions effectively.
Enhance your preparation by engaging with targeted practice questions, ensuring thorough coverage of judicial operations and boosting your readiness for the UPSC Prelims examination.
Q1. When the Chief Justice of a High Court acts in an administrative capacity, he is subject to (1996)
(a) the writ jurisdiction of any of the other judges of the High Court
(b) special control exercised by the Chief Justice of India
(c) discretionary powers of the Governor of the State
(d) special powers provided to the Chief Minister in this regard
Ans. (c)
When the Chief Justice of a High Court performs administrative duties, he is subject to the discretionary powers of the Governor of the State. As per Article 227(3) of the Constitution, the Chief Justice of a High Court, when acting in an administrative capacity, must ensure that any rules he establishes are not in conflict with existing laws and must receive prior approval from the Governor.
Q2. According to the Constitution of India, the term ‘District Judge’ shall not include (1996)
(a) chief presidency magistrate
(b) sessions judge
(c) tribunal judge
(d) chief justice of a small court
Ans. (c)
According to Article 236 of the Constitution of India, the term ‘District Judge’ encompasses various judicial positions, including Judges of city civil courts, Sessions Judges, Additional District Judges, etc. However, it does not include tribunal judges. The appointment, posting, and promotion of district judges are made by the Governor of the state in consultation with the High Court.
Q3. The power of the Supreme Court of India to decide disputes between the centre and the states falls under its: (1996)
(a) advisory jurisdiction
(b) appellate jurisdiction
(c) original jurisdiction
(d) constitutional jurisdiction
Ans. (c)
Under Article 131 of the Constitution of India, disputes between different units of the Federation (such as Centre vs. State or State vs. State) are within the exclusive original jurisdiction of the Supreme Court.
Q4. Assertion (A) Wilful disobedience or noncompliance of Court orders and use of derogatory language about judicial behaviour amount to Contempt of Court.
Reason (R) Judicial activism cannot be practised without arming the judiciary with punitive powers to punish contemptuous behaviour. (1997)
In the context of the above two statements, which one of the following is correct?
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true but R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
Ans. (b)
Both statements A and R are true. Statement A states the fact that willful disobedience or noncompliance with court orders and the use of derogatory language about judicial behavior constitute contempt of court. Statement R also correctly describes contempt of court by providing examples of actions that constitute contempt. However, statement R does not provide an explanation of statement A; rather, it provides additional information about the concept of contempt of court.
Q5. The concept of Public Interest Litigation originated in (1997)
(a) the United Kingdom
(b) Australia
(c) the United States
(d) Canada
Ans. (c)
Public Interest Litigation (PIL), rooted in the United States, is a legal mechanism aimed at enforcing public or general interest through court actions. In India, PIL emerged in the early 1980s, owing to the proactive stance of the Supreme Court, notably championed by Justice VR. Krishna lyer and Justice PN. Bhagwati. PIL, a cornerstone of Indian judicial activism, denotes legal proceedings initiated to safeguard public welfare. Explore more about the origins and significance of PIL in legal discourse.
Q6. The Supreme Court of India tenders advice to the President on a matter of law or fact (2001)
(a) on its own initiative
(b) only if he seeks such advice
(c) only if the matter relates to the Fundamental Rights of citizens
(d) only if the issue posses a threat to the unity and integrity of the country
Ans. (b)
The Supreme Court of India offers advice to the President only upon his request. As per Article 143 of the Indian Constitution, the President can seek the Court’s opinion on the constitutional validity of decisions made by the Election Commission. This constitutional provision empowers the President to seek the Supreme Court’s opinion on matters of law or public importance. However, the Supreme Court may choose to provide or withhold its advice, and such advice is not obligatory for the President to follow.
Q7. The salaries and allowances of the Judges of the High Court are charged to the (2002)
(a) Consolidated Fund of India
(b) Consolidated Fund of the State
(c) Contingency Fund of India
(d) Contingency Fund of the State
Ans. (b)
The salaries and allowances of High Court Judges are drawn from the Consolidated Fund of the State. Parliament determines these emoluments, including salaries, allowances, privileges, leave, and pensions, periodically. Once appointed, these terms cannot be altered to the judges’ detriment, except during financial emergencies. Additionally, judges receive sumptuary allowances and are provided with various facilities such as free accommodation, medical benefits, car, telephone, etc. Upon retirement, Chief Justices and judges are entitled to a monthly pension equivalent to 50% of their last drawn salary.
Q8. Which one of the following High Courts has the Territorial Jurisdiction over Andaman and Nicobar Islands? (2003)
(a) Andhra Pradesh
(b) Kolkata
(c) Chennai
(d) Odisha
Ans. (b)
The Kolkata High Court holds jurisdiction over the Andaman and Nicobar Islands, while Chandigarh falls under the jurisdiction of the Punjab and Haryana High Court. Delhi has its own High Court. Puducherry’s jurisdiction is under the Chennai High Court, and Lakshadweep’s legal matters are handled by the Kerala High Court.
Q9. Consider the following statements.
1. The highest criminal court of the district is the Court of District and Session Judge.
2. The District Judge are appointed by Governor in consultation with the High Court.
3. A person to be eligible for appointment as District Judge should be an advocate or pleader of seven years standing or more, or an officer in judicial service of the Union and the State.
4. When the Sessions Judge awards death sentence it must be confirmed by the High Court before it is carried out.
Which of the statement(s) given above are correct?
(a) 1 and 2
(b) 2, 3 and 4
(c) 3 and 4
(d) All of these
Ans. (d)
All provided statements are accurate. The district judge serves as the highest judicial authority within the district, wielding original and appellate jurisdiction over civil and criminal cases. In civil proceedings, the district judge presides, while in criminal matters, they assume the role of the sessions judge. Apart from judicial functions, the district judge holds administrative and supervisory powers over subordinate courts within the district.
Q10. Consider the following statements. (2005)
1. There are 25 High Courts in India.
2. Punjab, Haryana and the Union Territory of Chandigarh have a common High Court.
3. National Capital Territory of Delhi has a High Court of its own.
Which of the statement(s) given above is/are correct?
(a) 2 and 3
(b) 1 and 2
(c) 1,2 and 3
(d) Only 3
Ans. (a)
Statements (2) and (3) are correct. The Constitution of India mandates a High Court for each state, while the 7th Amendment Act of 1956 granted Parliament the authority to establish a common High Court for multiple states or for states and a Union Territory. Chandigarh falls under the jurisdiction of the Punjab and Haryana High Court, while Delhi has its own High Court. However, it’s worth noting that presently (as of 2022), there are 25 High Courts in India. Additionally, the Union Territories of Delhi and Jammu and Kashmir each have their own High Court. Correction: Statement (1) is incorrect, as there are indeed 25 High Courts in India, not 24.
Q11. Consider the following statements. (2006)
1. A person who has hold office as a permanent Judge of a High Court cannot plead or act in any court or before any authority in India except of the Supreme Court.
2. A person is not qualified for appointment as a Judge of a High Court in India unless he has for at least five years hold a judicial office in the territory of India.
Which of the statement(s) given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (d)
Statement (1) is indeed incorrect. According to Article 220 of the Constitution, a permanent Judge of a High Court is prohibited from pleading or acting in any court or before any authority in India except in the Supreme Court and other High Courts. Additionally, Article 217 of the Constitution specifies that to qualify for appointment as a judge of a High Court, an individual must have held a judicial office in the territory of India for at least 10 years.
Q12. Assertion (A) In India, every state has a High Court in its territory. Reason (R) The Constitution of India provides a High Court in each state. (2006)
Codes
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true but R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
Ans. (d)
Assertion A is false because Article 214 of the Constitution indeed provides for High Courts for every state. However, Reason R is true, as the Seventh Amendment Act of 1956 authorized Parliament to establish a common High Court for two or more states or for states and a Union Territory. The territorial jurisdiction of a High Court aligns with the territory of a state, while a common High Court’s jurisdiction corresponds to the territories of the concerned states and Union Territory. Currently, there are 25 High Courts in the country, including four common High Courts. For instance, Punjab and Haryana share a Common High Court, namely, the Punjab and Haryana High Court. Additionally, the Bombay High Court has jurisdiction over Goa state, and the Guwahati High Court covers Arunachal Pradesh, Assam, Mizoram, and Nagaland.
Q13. Who was the Chief Justice of India when Public Interest Litigation (PIL) was introduced to the Indian Judicial System? (2006)
(a) M. Hidayatullah
(b) AM Ahmadi
(c) AS Anand
(d) PN Bhagwati
Ans. (d)
PN Bhagwati served as the Chief Justice of India during 1985-86. While the concept of Public Interest Litigation (PIL) originated in the United States, it was introduced into the Indian judicial system during the early 1980s. PIL is a legal mechanism initiated in court for the enforcement of public or general interest. In India, PIL emerged as a result of the proactive role of the Supreme Court in judicial activism. Therefore, the introduction of PIL into the Indian legal framework coincided with PN Bhagwati’s tenure as Chief Justice of India.
Q14. Consider the following statements. (2007)
1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court.
2. After retirement from the office, a permanent Judge of a High Court cannot plead or act in any court or before any authority in India.
Which of the statement(s) given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (a)
Statement (1) is indeed correct. A judge of a High Court can indeed be removed from office by an order of the President, but only after an address by Parliament has been presented to the President for such removal. The address must be supported by a special majority of each House of Parliament, meaning a majority of the total membership of that House and not less than two-thirds of the members of that House present and voting. The grounds for removal are two-proved misbehavior or incapacity.
However, statement (2) is incorrect. According to Article 220 of the Constitution, after retirement, a Judge of a High Court cannot serve in any court or before any authority in India except in the Supreme Court and other High Courts. They are not restricted to serving only in the High Court where they held office.
Q15. Consider the following statements. (2007)
1. The Judges (Inquiry) Bill 2006 contemplates to establish a Judicial Council which will receive complaints against Judges of the Supreme Court including the Chief Justice of India, Chief Justice and Judges of High Court.
2. Under the Protection of Women from Domestic Violence Act, 2005, a woman can file a petition before a 1st Class Judicial Magistrate.
Which of the statement(s) given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (b)
Statement (2) is indeed correct. The Judges (Inquiry) Bill 2006 proposes the establishment of a Judicial Council to receive complaints against Judges of the Supreme Court and High Courts, excluding the Chief Justice of India. However, for the reference procedure (not the complaint procedure), the Chief Justice of India will be included. Additionally, the bill aims to introduce a code of ethics for the judiciary. It establishes a National Judicial Council (NJC) to conduct inquiries into allegations of incapacity or misbehaviour by High Court and Supreme Court judges.
Q16. Consider the following statements. (2008)
1. Justice VR Krishna Iyer was the Chief Justice of India.
2. Justice VR Krishna Iyer is considered as one of the progenitors of Public Interest Litigation (PIL) in the Indian judicial system.
Which of the statement(s) given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (b)
Indeed, statement (2) is correct regarding Justice VR Krishna Iyer. He served as a Judge of the Supreme Court of India from 1973 until his retirement in November 1980. During his tenure, he played a significant role in interpreting Article 21 of the Indian Constitution, asserting that the government is obligated to provide free legal services to individuals in custody.
However, statement (1) is incorrect. Justice VR Krishna Iyer never held the position of Chief Justice of India. He is renowned for his human rights approach and literary contributions to judicial decision-making, but he did not ascend to the position of Chief Justice.
Q17. How many High Courts in India have jurisdiction over more than one state (Union Territories not included)? (2008)
(a) 2
(b) 3
(c) 4
(d) 5
Ans. (b)
In India, there exist three High Courts that wield jurisdiction over multiple states. These are the Guwahati High Court, the Punjab and Haryana High Court, and the Hyderabad High Court. Across the nation, there are a total of 25 High Courts, with three of them holding sway over more than one state. Delhi stands distinct among the Union Territories with its own High Court, while the remaining six Union Territories fall under the jurisdiction of various State High Courts.
Each High Court is composed of a Chief Justice and additional Judges appointed by the President as needed. The appointment of a High Court’s Chief Justice involves consultation between the President, the Chief Justice of India, and the respective State Governor.
Q18. Consider the following statements.
The Supreme Court of India tenders advice to the President of India on matters of law or fact (2010) 1. on its own initiative (on any matter of larger public interest).
2. if he seeks such an advice.
3. only if the matters relate to the Fundamental Rights of the citizens.
Which of the statement(s) given above is/are correct?
(a) Only 1
(b) Only 2
(c) Only 3
(d) 1 and 2
Ans. (b)
Only statement (2) is correct. The power of the President to consult the Supreme Court includes:
- If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court. In such cases, the President may refer the question to the court for consideration, and the court may, after such hearing as it deems fit, report its opinion to the President.
- The President may, notwithstanding anything in the provisions of Article 131, refer a dispute of the kind mentioned in the said provision to the Supreme Court for opinion. The Supreme Court shall, after such hearing as it deems fit, report its opinion to the President.
Q19. What is the provision to safeguard the autonomy of the Supreme Court of India? (2012)
1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
2 . The Supreme Court Judges can be removed by the Chief Justice of India only.
3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
4. All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.
Which of the statement(s) given above is/are correct?
(a) 1 and 3
(b) 3 and 4
(c) Only 4
(d) All of these
Ans. (a)
Only statements (1) and (3) are correct.
Article 124 of the Constitution mandates that the President consult the Chief Justice of India in the appointment of Supreme Court judges.
The salaries of judges, along with the appointment of all staff, are indeed governed by Article 146, with the Chief Justice of India having sole authority in these matters.
As per the Constitution, salaries, allowances, privileges, leave, and pensions of Supreme Court judges are determined by Parliament from time to time.
Regarding the removal of judges, it can only be done by an order of the President after both Houses of Parliament pass an address for such removal with a special majority. Grounds for removal include proved misbehaviour or incapacity. The Judges Enquiry Act (1968) outlines the procedure for the removal of a Supreme Court judge through the process of impeachment.
Q20. Consider the following statements: (2023)
Statement-I The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.
Statement-II Article 335 of the Constitution of India defines the term ‘efficiency administration’.
Which one of the following is correct in respect of the above statements?
(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct
Ans. (c)
Statement-I is correct. In the case of M. Nagraj in 2006, the Supreme Court indeed established a triple test for identifying reservation in promotions, which includes (1) Proof of backwardness, (2) Inadequate representation, and (3) No hampering of the efficiency of administration under Article 335.
Statement-II is incorrect. Although Article 335 mentions the “Efficiency of Administration,” it does not provide a specific definition for the term. Article 335 states that while considering appointments to services and posts, the claims of Scheduled Castes and Scheduled Tribes should be taken into account while maintaining the efficiency of administration.
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