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

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.

Answer: (a)

Answer: (c)

Article 22 (4) provides that no law providing for preventive detention shall authorise the detention of a person for a longer period than 3 months unless an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as Judges of a High Court, has reported before the expiration of the said period of 3 months that there is in its opinion sufficient cause for such detention.

Answer: (c)

The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. The Supreme Court “advises” the President by answering the query put before it. The advice given by the Supreme Court is not binding on the President, nor is it “law declared by the Supreme Court”, hence not binding on subordinate courts.

Answer: (b)

Article 125 of the Indian Constitution leaves it to the Indian Parliament to determine the salary, other allowances, leave of absence, pension, etc. of the Supreme Court judges.