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 : Judges of the district court are appointed by:

(a) Governor

(b) Law Minister

(c) President

(d) Chief Minister

The correct answers to the above question in:

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.

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Question : 1

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 : 2

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 : 3

According to the constitution of India the term ‘district judge’ shall not include

a) Chief Justice of a Small Cause Court

b) Tribunal Judge

c) Chief Presidency Magistrate

d) Sessions Judge

Answer: (b)

According to Article 236, the expression district judge includes judge of a City Civil Court, additional district judge, joint district judge, assistant district judge, chief judge of a Small Cause Court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge.

Question : 4

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 : 5

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 : 6

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.

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