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

Question : 21

In which of the following cases Supreme Court of India enunciated the doctrine of basic structure?

a) Gopalan case

b) Minerva Mills case

c) Keshwanand Bharti case

d) Golaknath case

Answer: (c)

In the Keshvanand Bharti case, the Supreme Court of India enunciated the doctrine of basic structure.

The case originated in February 1970 when Swami HH Sri Kesavananda Bharati, Senior Pontiff and head of “Edneer Mutt” - a Hindu Mutt situated in Edneer, a village in Kasaragod District of Kerala, challenged the Kerala government’s attempts, under two-state land reform acts, to impose restrictions on the management of its property.

Although the state invoked its authority under Article 31, a noted Indian jurist, Nanabhoy Palkhivala, convinced the Swami into fighting his petition under Article 26 (not Article 29), concerning the right to manage religiously owned property without government interference. Even though the hearings consumed five months, the outcome would profoundly affect India’s democratic processes

Question : 22

A High Court consists of a Chief Justice and:

a) such other judges as determined by the President

b) at least 5 other judges

c) such other judges as specified in the Constitution

d) such other judges as determined by Parliament

Answer: (a)

Question : 23 [I. Tax 1994]

What is meant by 'Court of Record'?

a) The court that is competent to give directions and issue writs

b) The court that preserves all its records

c) The court that maintains records of all lower courts

d) The court that can punish for its contempt

Answer: (b)

Question : 24 [UPPCS (Pre) 1997]

The Judges of the Supreme Court, after retirement, are permitted to carry on practice before

a) None of the Courts

b) High Courts only

c) Both Supreme Court and High Court

d) Supreme Court only

Answer: (a)

Question : 25

Which among the following Union Territory has a Judicial Commissioner?

a) Lakshadweep

b) Daman & Diu

c) Pondicherry

d) Andaman & Nicobar Islands

e) Chandigarh

Answer: (b)

There had been a persistent demand for the extension of the jurisdiction of a High Court to the Union Territory of Goa, Daman, and Diu and for the establishment of a permanent bench of that High Court in lieu of the existing Court of the Judicial Commissioner.

Although the Judicial Commissioner’s Court functioning at those times in Union territory was given certain powers of a High Court under the provisions of the Goa, Daman, and Diu (Judicial Commissioner’s Court) Regulation, 1963, it was not a full-fledged High Court.

The Judicial Commissioner also did not enjoy those constitutional safeguards which protect the independence of a High Court Judge.

It was further felt that the extension of the jurisdiction of a High court to the Union Territory including Goa would improve the tone of judicial administration in these Union territories and would inspire greater public confidence. Under that circumstance, the jurisdiction of the High Court of Judicature at Bombay was extended to the State of Goa and Union Territories of Daman and Diu, and Court of the Judicial Commissioner was abolished and a permanent bench of High Court of Judicature at Bombay is established at Panaji (Goa) on 30th October 1982 as per the provisions of The High Court at Bombay (Extension of Jurisdiction to Goa, Daman, and Diu ) Act, 1981.

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