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

Question : 31 [SSC Section Officer [Commercial Audit] 2003]

What is the category in which the negtotiating strategy of a strike by the Government employees falls ?

a) Fundamental Rights of freedom of association and expression

b) Trade Union right as common law

c) There is no right

d) Legal Right

Answer: (d)

Indian laws have always recognized the workers’ right to strike. The Supreme Court of India has invariably maintained the “right to strike” as not a fundamental right, but a legal right that workers can exercise as part of collective bargaining, wage bargaining and dispute resolution.

However, several court rulings have also been in opposition to the right to strike, be it by political parties or trade unions. Some favourable court rulings on the workers’ right to strike are: the Gujarat Steel Tubes v. Mazdoor Sabha AIR 1980 SC 1896, where the right to strike was held as integral to collective bargaining and as supported by social justice.

Indian laws comprising sections 22, 23, and 24 of the Industrial Disputes Act, 1947 imply that industries, such as hospitals, government departments, educational institutions and clubs, have the right to strike. Strikes may be legal or illegal, based on the procedure for strike, and it is decided by the judiciary.

Question : 32

Consider the following statements :

  1. The Judges (Inquiry) Bill 2006, contemplates to establish a judicial council, which will receive complaints against judges of the Supreme Court including the CJI, chief justice and judges of High Courts.
  2. If any proclamation of financial emergency is in operation, it is competent for the President of India to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the union, but excluding the judges of the Supreme Court and High Courts.
  3. Under the Protection of Women from Domestic Violence Act 2005, a woman can file a petition before a first class judicial magistrate.
Which of the above statement(s) is/ are correct?

a) 1 and 3

b) 3 only

c) 2 and 3

d) 1, 2, and 3

Answer: (b)

The Protection of Women from Domestic Violence Act 2005 differs from the earlier law, Section 498A of the Indian Penal Code, in that explicitly defines domestic violence in addition to dowry-related cruelty.

Domestic violence is defined as follows:

For the purposes of this Act, any conduct of the respondent shall constitute domestic violence if he,

  1. habitually assaults or makes the life of the aggrieved person miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment;
  2. forces the aggrieved person to lead an immoral life;
  3. otherwise injures or harms the aggrieved person.

In such cases, a woman can file a petition before a first class judicial magistrate.

Question : 33

The number of judges can be modified in the Supreme Court by

a) Central Government by notification

b) Parliament by Law

c) Presidential Order

d) Supreme Court by Notification

Answer: (b)

The no judges can be modified in the court supreme court by parliament by laws.

Question : 34 [SSC Multi-Tasking [Non-Tech.] Staff 2014]

The Indian Judiciary is headed by :

a) The president

b) The supreme court

c) The parliament

d) The prime minister

Answer: (b)

The Supreme Court of India is the highest judicial forum and final court of appeal. According to the Constitution, the role of the Supreme Court is guardian of Constitution & that of a federal court.

Question : 35

Consider the following statements about the attorney general of India:

  1. He is appointed by the President of India
  2. He must have the same qualifications as required for a judge of the Supreme Court
  3. He must be a member of either House of Parliament
  4. He can be removed by impeachment by Parliament
Which of these statements are correct?

a) 3 and 4

b) 2, 3 and 4

c) 1 and 2

d) 1 and 3

Answer: (c)

Article 76 of the constitution says about Attorney General of India. The president shall appoint a person who is qualified the same as a judge of the Supreme Court.

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