Union & State Judiciary of INDIA Practice Questions Answers Test with Solutions

Question : 36 [SSC Higher Secondary LDO & LDC 2010]

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.

Question : 37 [SSC CHSL LDC, DEO & PA/SA 2015]

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 : 38

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 : 39

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

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.

Question : 40

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)

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