Union & State Judiciary Of INDIA MCQs Set 7 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 : The minimum number of judges to sit on the Constitutional Bench or on Bench which gives its advisory opinion on the reference by the President must be:

(a) One-third of the total strength of the court

(b) Three

(c) One half of the total strength of the Supreme Court

(d) Seven

The correct answers to the above question in:

Answer: (c)

Court’s advisory jurisdiction may be sought by the President under Article 143 of the Constitution. This procedure is termed as “Presidential Reference” and is recognized as the ‘Advisory jurisdiction’ of the Court. Under this scheme, President may refer to any question of law or fact of public importance.

However, it is not binding on the Supreme Court to answer questions raised in the reference. In the last more than sixty years, only a handful of references have been made. The Supreme Court can refuse to provide its advisory opinion if it is satisfied that the questions are either socioeconomic or political in nature.

The minimum number of judges to sit on the Constitutional Bench or on Bench which gives its advisory opinion on the reference by the President must be one-half of the total strength of the Supreme Court.

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

Question : 1

WhenthereisavacancyintheofficeofthePresident and the Vice-President at the same time, the office is held temporarily by

a) None of these

b) The Speaker of Lok Sabha

c) The Prime Minister

d) The Chief Justice of India

Answer: (d)

When there is a vacancy in the office of the President and the Vice-President at the same time, the office is held temporarily by the Chief Justice of India.

Question : 2

Consider the following statements :

  1. The maximum number of Judges in a High Court is8 specified in the Constitution of India.
  2. Every High Court has a power of superintendence over all courts and tribunals (except military tribunals) provided they are subject to the appellate jurisdiction of the High Court.
Which of the statements given above is/are correct?

a) Neither 1 nor 2

b) Both 1 and 2

c) Only 1

d) Only 2

Answer: (a)

Question : 3

Judges of the district court are appointed by:

a) Governor

b) Law Minister

c) President

d) Chief Minister

Answer: (a)

The judges of subordinate courts are appointed by the Governor in consultation with the Chief Justice of the High Court of the concerned State. A minimum of seven years of practise as a lawyer at bar is a necessary qualification.

Question : 4

Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R).
Assertion (A):
Willful disobedience or non-compliance of Court orders and use of derogatory language about Judicial behaviour amount to Contempt of Court.
Reason (R):
Judicial activism cannot be practiced without arming the Judiciary with punitive powers to punish contemptuous behaviour. In the context of the above two statements which one of the following is correct? Code

a) Both (A) and (R) are true and (R) is the correct explanation of (A)

b) (A) is true, but (R) is false

c) (A) is false, but (R) is true

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

Answer: (d)

Question : 5

The power to enlarge the jurisdiction of the Supreme Court of India with respect to any matter included in the Union list of legislative powers rests with:

a) The Union Ministry of Law

b) The Parliament

c) The President of India

d) The Chief Justice of India

Answer: (b)

The parliament can regulate the organization and jurisdiction of the Supreme Court. It can expand the jurisdiction but can’t curtail the same.

Question : 6

The Supreme Courts of India enjoys

a) Appellate and advisory jurisdiction

b) Advisory jurisdiction

c) Original jurisdiction

d) Original, appellate and advisory jurisdiction

Answer: (d)

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