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 : What is the provision to safeguard the autonomy of the Supreme Court of India?
  1. While appointing the Judges of the Supreme Court, the President of India has to consult the Chief Justice of India.
  2. The Judges of the Supreme Court 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, 2, 3 and 4

(b) Only 3 and 4

(c) Only 4

(d) Only 1 and 3

The correct answers to the above question in:

Answer: (d)

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Read more union and state judiciary of india Based Indian Polity Questions and Answers

Question : 1

Who is empowered to transfer a Judge from one High Court to another High Court?

a) Chief Justice of India

b) Law Minister of India

c) The Union Cabinet

d) President of India

Answer: (d)

Article 222 empowers the President to transfer judges from one High Court to another. Clause (2) of this article goes on to provide that when a judge is so transferred he shall be entitled to receive in addition to his salary a compensatory allowance.

Question : 2

Which one of the following statements is not correct regarding Certiorari?

a) A High Court can issue certiorari to a tribunal situated within its jurisdiction

b) A High Court cannot issue a writ to another High Court

c) A High Court can issue a writ against itself in its administrative capacity

d) A bench of a High Court can issue a writ to another bench of the same High Court

Answer: (d)

A bench of a High court is equal to the High court in all judicial powers. Hence a bench of the High court cannot issue certiorari against the order of another bench.

Question : 3

Consider the following statements regarding law commission of India:

  1. Recently, the 20th law commission was constituted under the chairmanship of D.K. Jain
  2. The commission is constituted for a period of five years
  3. Codification of the penal code and the Criminal Procedure Code were recommended by the law commission constituted under the charter Act of 1833.
Which of the statements given above are correct?

a) 1,3 and 4 only

b) 1 and 3 only

c) 1 and 2 only

d) 2 and 4 only

Answer: (b)

The law commission of India is constituted for the period of three years. It is a statutory body.

Question : 4

Who is authorized to transfer the judges of one High Court to another High Court?

a) The Law Minister

b) A collegium of judges of the Supreme Court.

c) The President

d) The Chief Justice of India

Answer: (c)

The President may, after consultation with the Chief Justice of India, transfer a judge from one high court to any other high court. When a judge has been or is transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court.

Question : 5

Consider the following statements and select the correct answer from the codes given below:
Assertion (A):
The Supreme Court is a Court of Record.
Reason (R):
Once a Court is made a Court of Record, its power to punish for its contempt necessarily follows from that position. Codes :

a) A is false but R is true

b) A is true but R is false

c) Both A and R are individually true and R is the correct explanation of A

d) Both A and R are individually true but R is not the correct explanation of A

Answer: (d)

According to Article 129 the Supreme Court to be a court of record. 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. R is not the correct explanation of A.

Question : 6

The Supreme Court of India enjoys

a) original jurisdictions.

b) appellate and advisory jurisdictions.

c) original, appellate and advisory jurisdictions.

d) advisory jurisdictions.

Answer: (c)

The Supreme Court has original, appellate and advisory jurisdiction under Articles 32, 131–144 of the Constitution.

The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Articles 132(1), 133(1) or 134 of the Constitution in respect of any judgment, decree, or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution.

The court has exclusive original jurisdiction over any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.

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