Union & State Judiciary Of INDIA MCQs Set 13 MCQ Questions & Answers Detailed Explanation

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Questions : Which one of the following is NOT the main jurisdiction of the High Court of a state?

(a) Appellate Jurisdiction

(b) Supervisory Jurisdiction

(c) Advisory Jurisdiction

(d) Original Jurisdiction

The correct answers to the above question in:

Answer: (c)

the high court of India does not have advisory jurisdiction. It has original, appellate and supervisory jurisdiction only.

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Question : 1

Which of the following is not a power of the High Court?

a) Issue writs for enforcement of fundamental rights or for any other purpose

b) Supervision over all courts under its jurisdiction

c) Jurisdiction over revenue matters

d) Supervision over tribunals constituted by law relating to the armed forces

Answer: (d)

Question : 2

Which of the following articles makes the Supreme Court a Court of Record?

a) 130

b) 129

c) 127

d) 128

Answer: (b)

According to Article 129 of the Constitution 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.

Question : 3

Consider the following statements:

  1. The Chief Justice of India is empowered to appoint ad-hoc judges in the Supreme Court from among judges of High Courts.
  2. The mode of a removal of a judge of a High Court in India is the same as that of removal of a judge of the Supreme Court.
  3. After retirement from the office, a permanent judge of a High Court cannot plead or act in any court or before any authority in India.
  4. The Chief Justice of India may invite a retired judge of the Supreme Court to sit and act as judge of the Supreme Court.
Which of the above statements are correct?

a) 2 and 4

b) 1 and 3

c) 1, 2 and 4

d) 1, 2, 3 and 4

Answer: (c)

The retired permanent judges of a High Court are prohibited from pleading or acting in any court or before any authority in India except the Supreme Court and the other High Courts.

This ensures that they do not favor anyone in the hope of future favor.

Question : 4

The system of Judicial Review exists in

a) India and U.S.A.

b) U.S.A. only

c) India only

d) U.K. only

Answer: (a)

The system of judicial review exists in India and U.S.A. Judicial review is the power of a court to review the constitutionality of a statute or treaty or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself.

The United States Constitution does not explicitly establish the power of judicial review. Rather, the power of judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.

Question : 5

Judicial review in the Indian Constitution is based on :

a) Rule of Law

b) Procedure established by Law

c) Precedents and Conventions

d) Due process of Law

Answer: (b)

Judicial review is adopted in the Constitution of India from the Constitution of the United States of America.

In the Indian constitution, Judicial review is dealt with under Article 13. Judicial Review refers that the Constitution is the supreme power of the nation and all laws are under its supremacy.

The Supreme Court of India while interpreting a law will not itself legislate. It will not question the reasonableness of any law except where the constitution has expressly authorized the court to exercise the power. Normally, it works according to the procedure established by law.

Question : 6

The original jurisdiction of the Supreme Court of India does not extend to which of the following matters?

a) dispute arising out of any treaty, agreement, covenant, engagement, sand or other similar instrument

b) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends

c) between the Government of India and one or more States

d) between the Government of India and any State or States on one side and one or more other States on the other

Answer: (a)

Any dispute between the Union and one or more states comes under the exclusive original jurisdiction of the Supreme Court of India.

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