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 : 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

The correct answers to the above question in:

Answer: (a)

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Question : 1

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 : 2

A civil case becomes a fit case for appeal to the Supreme Court if:

a) the case had come to the High Court under an appeal from a subordinate court

b) it involves a point of Constitutional law

c) the High Court certifies that it involves a point of law and needs interpretation of the Constitution

d) it involves a sum of money over RS. 10,000

Answer: (c)

Question : 3

Consider the following statements:

  1. The Advocate General of a state in India is appointed by the President of India upon the recommendation of the Governor of the concerned state.
  2. As provided in Civil procedure Code, High Courts have original appellate and advisory jurisdiction at the state level.
Which of the following statements is/are correct?

a) Neither 1 nor 2

b) Both 1 and 2

c) 1 Only

d) 2 Only

Answer: (a)

Article 165, Advocate-General for the state. The governor of each state shall appoint a person who is qualified to be appointed a judge of a High court to be an advocate General for the state.

Question : 4

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 : 5

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

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.

Question : 6

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)

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