Union And State Judiciary Of India(General Knowledge > Polity ) Questions and answers for exam Preparation

General Knowledge > Polity

UNION AND STATE JUDICIARY OF INDIA MCQs

Total Questions : 603 | Page 5 of 61 pages

Question 41. Which of the following statements regarding the Supreme Court of India are correct?

It has the power to entertain an appeal from any court or tribunal within India.

It has the power to deliver an advisory opinion on any question of fact or law referred to it by the President.

Salaries of the Judges of the Supreme Court are subject to vote by the Parliament.

Its jurisdiction is binding on all other courts within India.

Select the correct answer from the codes given below :

1, 2 and 4
2, 3 and 4
1 and 3
2 and 4

Discuss Question

Answer: Option A. -> 1, 2 and 4
Answer: (a)
The Supreme Court is the highest Court appeal from all courts in India. It hears appeals in
cases involving interpretation of the constitution- civil, Criminal or otherwise (Article 132)
Civil cases irrespective of any constitutional issue (Article. 133)
Criminal matters are irrespective of any constitutional issue (134).
Besides, the Supreme Court may grant special leave to appeal in certain cases (136).
The Supreme Court renders advice on any question of law or fact of public importance as may be referred to it for consideration by the President. There are no litigation involved and the opinion given by the Supreme Court is not to be considered as a judgment.
The advice is not binding on the President who may or not accept it. The decision of the Supreme Court is binding on all courts within the territory of India. However, the Supreme Court is not bound by its earlier decision it can come to a different decision if it is convinced that it had made an error or harmed the public interest.

Question 42. Which of the following is at the apex of the subordinate criminal courts ?

Supreme Court
Court of Sessions Judge
Court of District Judge
High Court

Discuss Question

Answer: Option B. -> Court of Sessions Judge
Answer: (b)
In every district, there are civil courts and criminal courts. Under criminal courts, there are courts of the District and Sessions Judge, Additional Sessions Judges, Assistant Sessions Judge, and the courts of the first-class magistrates.
The District and Sessions Judge may pass any legal sentence but a death sentence is subject to confirmation by the High Court. An Assistant-sessions Judge has the power to sentence a person to ten years imprisonment. A first-class Magistrate may pass a sentence of imprisonment not exceeding two years or a fine not exceeding one thousand rupees.

Question 43. The jurisdiction of state high court can be extended by

The President of India.
The Governor of the state
Parliament
The Chief Justice of India

Discuss Question

Answer: Option C. -> Parliament
Answer: (c)
The Parliament may make a provision for a common High Court for two or more States or extend the jurisdiction of a High Court to one or more Union Territories.

Question 44. Who is appointed as an adhoc Judge of the Supreme Court ?

A person fully qualified for appointment as a Judge of the Supreme Court
A retired Judge of Supreme Court
A sitting Judge of a High Court duly qualified for appointment as a Supreme Court Judge
An acting Judge of the Supreme Court

Discuss Question

Answer: Option C. -> A sitting Judge of a High Court duly qualified for appointment as a Supreme Court Judge
Answer: (c)

Question 45. According to the North-Eastern Areas Aamendment Bill, 2011, a combined cadre for All India Services has been suggested for which among the following states?

Sikkim and Mizoram
Mizoram and Manipur
Tripura and Manipur
Arunachal Pradesh and Tripura

Discuss Question

Answer: Option C. -> Tripura and Manipur
Answer: (c)According to the North-Eastern Areas amendment Bill, 2011, a combined cadre for all India services has been suggested for Tripura and Manipur.

Question 46. There is a High Court for each of the states except –

Manipur

Meghalaya

Tripura

I, II, III and IV
I, II and III
Only I and II
Only II and III

Discuss Question

Answer: Option A. -> I, II, III and IV
Answer: (a)
There is a High Court for each of the states except Manipur, Meghalaya, Tripura, Goa, Mizoram, Nagaland and Arunachal Pradesh.

Question 47. The Supreme Court of India tenders advice to the President on a matter of law or fact

Only if the issue poses a threat to the unity and integrity of the country
Only if he seeks such advice
Only if the matter relates to the Fundamental Rights of citizens
On its initiative

Discuss Question

Answer: Option B. -> Only if he seeks such advice
Answer: (b)

Question 48. The independence of the Supreme Court is maintained by various safeguards which include:

Judge’s salary is charged on the consolidated fund of India

Judges cannot hold constitutional positions under the Government of India or any state post-retirement

They generally have the security of tenure

Supreme Court recruits its staff on its own

only 2 and 3
only 1, 2 and 3
All are correct
only 1, 3 and 4

Discuss Question

Answer: Option D. -> only 1, 3 and 4
Answer: (d)
Judges have no restriction on holding any position in the Government of India or any state post-retirement. They have security of tenure as they can only be removed on ground of incapacity or proved misbehaviour, that too, through and difficult process in the Parliament.

Question 49. When the chief justice of a High Court acts in an administrative capacity, he is subject to.

Special powers provided to the Chief Minister in this regard
Discretionary power of the Governor of the State
The writ jurisdiction of any of the other judges of the High Court.
Special control exercised by the chief justice of India.

Discuss Question

Answer: Option B. -> Discretionary power of the Governor of the State
Answer: (b)
According to Article 227(b), the Chief Justice of High Court when acts in an administrative capacity, any rules made by him shall not be inconsistent with the provision of any law in force and requires the previous approval of the governor

Question 50. Consider the following statements about lower courts and identify the false statements from the codes given below:

The Panchayat Courts have only civil jurisdiction.

The Munsiff Courts are lower in the hierarchy to the court of Subordinate Judge.

The Sessions cases are the more serious civil cases in the Court of the District Judges.

Codes :

(a), (b) and (c)
(a) and (c)
(a) Only
(a) and (b)

Discuss Question

Answer: Option B. -> (a) and (c)
Answer: (b)
At the level of district judiciary in India, the session cases are not civil, but criminal cases. Panchayat courts have criminal jurisdiction in minor offences.