Union & State Judiciary Of INDIA MCQs Set 11 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 : Who held the power to increase the number of judges in the Supreme Court?

(a) Ministry of Law

(b) Parliament

(c) Prime Minister

(d) President

The correct answers to the above question in:

Answer: (b)

Article 124 of the Constitution provides that the Supreme Court shall consist of a Chief Justice and not more than seven judges. The Parliament is empowered to increase the number of judges by law.

Due to the increase in the workload, the strength of Supreme Court judges has been raised from time to time.

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Question : 1

Which of the following statements regarding Judiciary in India are correct?

  1. Supreme Court of India is free from the control and influence of Legislature and Executive.
  2. Subordinate courts are at the head of the judicial hierarchy of the State.
  3. The Chief Justice and other Judges of the High Court are appointed by the Governor in consultation with the Chief Justice of India.
  4. A High Court can withdraw a case from a subordinate court and can deal with the case itself if it is satisfied that the case involves a substantial point of constitutional law.

a) II, III and IV

b) I and II

c) I and III

d) I and IV

Answer: (d)

Question : 2

In India, Judicial Review implies

a) The power of the Judiciary to review its own judgments given earlier in similar or different cases

b) The power of the Judiciary to question the wisdom of the laws enacted by the Legislatures

c) The power of the Judiciary to review all the legislative enactments before they are assented to by the President

d) The power of the Judiciary to pronounce upon the constitutionality of laws and executive orders

Answer: (d)

Question : 3

What is the meaning of “Public Interest Litigation”?

a) Anything of public interest

b) A case brought by anyone to court involving public interest

c) A directive issued by Supreme Court involving public interest

d) A case brought by victim to court, involving public interest

Answer: (b)

Public Interest Litigation, or PIL, is defined as the use of litigation, or legal action, which seeks to advance the cause of minority or disadvantaged groups or individuals, or which raises issues of broad public concern.

It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court’s jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court.

Question : 4

The main sources of law in India are:

  1. The Constitution
  2. Statutes
  3.  Customary law
  4. Judicial decisions of superior courts
Choose the answer from the code:

a) I, II, III and IV

b) II and IV

c) I and II

d) I, II and IV

Answer: (a)

The fountain source of law in India is the Constitution which, in turn, gives due recognition to statutes, case law, and customary law consistent with its dispensations. Statutes are enacted by Parliament, State Legislatures, and Union Territory Legislatures.

There is also a vast body of laws known as subordinate legislation in the form of rules, regulations as well as by-laws made by Central and State Governments and local authorities like Municipal Corporations, Municipalities, Gram Panchayats, and other local bodies.

This subordinate legislation is made under the authority conferred or delegated either by Parliament or State or Union Territory Legislature concerned. The decisions of the Supreme Court are binding on all courts within the territory of India. As India is a land of diversities, local customs, and conventions that are not against the statute, morality, etc. are to a limited extent also recognized and taken into account by Courts while administering justice in certain spheres.

Question : 5

To become a Judge of the High Court one must be a practicing advocate of the High Court for at least :

a) 20 years

b) 10 years

c) 15 years

d) 5 years

Answer: (b)

According to Article 217 of Indian Constitution, a person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and l has for at least ten years held a judicial office in the territory of India; or l has for at least ten years been an advocate of a High Court or of two or more such Courts in succession; etc.

Question : 6

Who interprets the Constitution?

a) Legislature

b) Judiciary

c) President

d) Executive

Answer: (b)

The key function of the Judiciary is the adjudication of civil and criminal cases. In addition, it interprets the constitution and gives effect to its provisions, as well as providing the expertise in interpreting of the laws.

Further, the Judiciary performs other related duties in promotion of human rights, social justice and morality.

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