Union & State Judiciary of INDIA MCQs set 1 MCQ Questions & Answers Detailed Explanation

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Questions : Which of the following statements regarding the Advisory Jurisdiction of the Supreme Court is correct?
  1. It is binding on the Supreme Court to give its opinion on any matter referred to it by the President.
  2. The full bench of the Supreme Court hears any reference made to it under its power of Advisory Jurisdiction.
  3. The opinion given by the Supreme Court on a reference under Advisory Jurisdiction is not binding on the Government.
  4. Not more than one reference at a time can be made to the Supreme Court under its power of Advisory Jurisdiction.
Select the answer from the codes given below.

(a) 2 and 4

(b) 1 and 3

(c) 2 and 3

(d) 1 and 2

The correct answers to the above question in:

Answer: (c)

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Question : 1

All proceedings in the Supreme Court and in every High Court will be in:

a) Hindi or English

b) Hindi and English

c) Hindi

d) English

Answer: (d)

The constitution provides that all proceedings in the Supreme Court of India, the country’s highest court and the High Courts, shall be in English. Parliament has the power to alter this by law, but has not done so.

Question : 2

Curative Petition in India can be filed in Supreme Court under Article

a) 146

b) 140

c) 142

d) 138

Answer: (c)

Question : 3

When there is no quorum of the judges of the Supreme Court available to hold or continue any session of the court, the Chief Justice of India may with the previous consent of the President and after consultation with the Chief Justice(s) of the High Court(s) concerned, request in writing the attendance at the sittings of the court for such period as may be necessary, of a judge of High Court duly qualified for appointment as a judge of the Supreme Court to be designated by the CJI. What is the name of such type of judge?

  1. Ad hoc judge
  2. Sessions judge
  3. Additional judge
  4. District judge
  5. Acting judge
Select the correct answer using the codes given below :

a) 1 only

b) 2 only

c) 2 and 4

d) 1, 4, 5 and 3

Answer: (a)

Article 127 says that if there is no quorum of the Supreme Court judges to hold or continue any session of the court, the CJI with the previous consent of the President and in consultation with the chief justice of the High Court concerned, can request in writing a judge of the High Court, who is qualified to be a judge of the Supreme Court, to function as ad hoc judge of the Supreme Court.

Question : 4

Which of the following courts in India is/are known as the court(s) of Records?

a) The District Court

b) The High Court and Supreme Court

c) The High Court only

d) The Supreme Court only

Answer: (b)

A court of record is a court whose acts and proceedings are enrolled for perpetual memory and testimony. These records are used with high authority and their truth cannot be questioned.

In the Indian constitution article 129 makes the Supreme Court the ‘court of record”. Article 129 says: The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

Article 215 empowers the High Courts of the states to be courts of record.

Question : 5

In Indian Constitution the power to issue a writ of ‘Habeas corpus’ is vested only in-

a) Lower Courts

b) The Supreme Court and the High Court

c) The Supreme Court

d) The High Court

Answer: (b)

In Indian constitution, the power to issue a writ of ‘Habeas Corpus’ is vested only in the Supreme Court and the High Court.

A writ of habeas corpus is a writ (court order) that requires a person under arrest to be brought before a judge or into court. The principle of habeas corpus ensures that a prisoner can be released from unlawful detention.

Question : 6

Which of the following pair(s) is/ are correctly matched

  1. Article 129 : Supreme Court to be a court of record
  2. Article 137 : Transfer of cases from one High Court to another or to itself from one or more High Courts
  3. Article 132 : Supreme Courts’ apostrophs power to review its own judgement
  4. Article 143 : Advisory jurisdiction of Supreme Court

a) 1 and 4

b) 1 and 2

c) 2 and 3

d) 3 and 4

Answer: (a)

Supreme Court is empowered to transfer cases from one or more High Courts to itself or from one High Court to another under Article 139A. Supreme Court can review its own orders under Article 137.

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