Union & State Judiciary Of INDIA MCQs Set 4 MCQ Questions & Answers Detailed Explanation

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The following question based on Union & State Judiciary of INDIA topic of indian polity mcq

Questions : When the Chief Justice of a High Court acts in an administrative capacity, he is subject to

(a) The writ jurisdiction of any of the other judges of the High Court

(b) Discretionary powers of the Governor of the state

(c) Special powers provided to the Chief Minister in this regard

(d) Special control exercised by the Chief Justice of India

The correct answers to the above question in:

Answer: (a)

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Question : 1

What makes the judiciary the guardian of the constitution?

a) Judicial Review

b) Salary

c) Independence

d) Service conditions

Answer: (a)

Because the Supreme Court is given the power to protect, safeguard and uphold the Constitution and empowered to declare a law null and void if it is found to be inconsistent with the Constitution.

Question : 2

Who has the right to transfer any case anywhere in India?

a) None of these

b) High Court

c) President

d) Supreme Court

Answer: (d)

Supreme Court has the power to transfer any Case, appeal, or other proceedings from High Court or another court in one State to a High Court or other civil court in any other State.

This power may be exercised by the Supreme Court if it is satisfied that an order under this Section is expedient for the ends of justice. Hence wide powers are given to the Supreme Court to order a transfer if it feels that the ends of justice so require.

Question : 3

By whom the jurisdiction of the Supreme Court of India can be enlarged?

a) President in consultation with Chief Justice of India

b) Parliament by passing a resolution

c) Parliament by making a law

d) President of India

Answer: (c)

Question : 4

Consider the following statements

  1. In India, only two Union Territories have Legislative Assemblies.
  2. Mizoram, Nagaland, and Meghalaya, the three North-Eastern States of India, have only one seat each in the Lok Sabha.
Which of the statement(s) given above is/are correct?

a) Neither 1 nor 2

b) Both 1 and 2

c) Only 1

d) Only 2

Answer: (c)

Delhi and Puducherry have their own elected legislative assemblies and the executive councils of ministers.

Question : 5

Who appoints the judges of the Indian Supreme Court ?

a) President

b) Prime Minister

c) Council of Ministers

d) Chief Justice

Answer: (a)

Subsequent to the rulings in the Three Judges Cases (1982, 1993, 1998), the President has to appoint judges who have been chosen by the Supreme Court’s collegium — a closed group comprising the Chief Justice of India and the four senior-most associate judges of the court.

Note: It is the President that administers the oath to the Chief Justice of India.

In the absence of the President, the Vice President can administer the oath to CJI. Recently, Justice JS Khehar was sworn in as the 44th Chief Justice of India

Question : 6

Which of the following don’t fall under the purview of the administrative tribunal act, 1985?

  1. Any member of the naval, military, or air force or of any other armed forces of the union.
  2. Any officer of the Supreme Court or of any High court.
  3. The secretarial staff of either House of Parliament.
Codes:

a) None of these

b) 1, 2 and 3

c) only 1

d) 1 and 2 only

Answer: (b)

Any member of the naval, military, air-forces, an officer of the SC or High Court, and the secretarial staff of either House of Parliament doesn’t fail under the preview of the administrative tribunal Act, 1985.

It extends, —

  1. In so far as it relates to the Central Administrative Tribunal, to the whole of India;
  2. In so far as it relates to Administrative Tribunals for States, to the whole of India, except the State of Jammu and Kashmir.
  3. The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date as the Central Government may, by notification, appoint.
  4. The provisions of this Act, in so far as they relate to an Administrative Tribunal for a State, shall come into force in a State on such date as the Central Government may, by notification, appoint.

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