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Judiciary: NBSE Class 11 (Arts) Political Science answers
Here, you will find summaries, questions, answers, textbook solutions, pdf, extras etc. of (Nagaland Board) NBSE Class 11 Political Science Chapter 15: Judiciary. These solutions, however, should be only treated as references and can be modified/changed.
If you notice any errors in the notes, please mention them in the comments
Introduction
The judiciary is a cornerstone of democratic governance, playing a pivotal role in interpreting laws, punishing lawbreakers, resolving disputes, and safeguarding citizens’ rights. In India, the judiciary’s independence is paramount, ensuring that it operates without political bias or personal favoritism. This article delves into the structure, jurisdiction, and powers of the Supreme Court and High Courts in India, as well as the qualifications and tenure of judges.
The Supreme Court, the apex judicial body, has a broad jurisdiction encompassing original, appellate, and advisory domains. Its original jurisdiction extends to disputes between the Government of India and one or more states, or between two or more states. The appellate jurisdiction covers constitutional, civil, and criminal cases. The advisory jurisdiction allows the President to seek the Supreme Court’s opinion on legal or factual questions. Importantly, the Supreme Court is the final interpreter of the Constitution, ensuring that all laws and orders align with its provisions.
High Courts, the principal judicial entities at the state level, also have extensive jurisdiction. They handle original jurisdiction cases involving wills, divorce, and enforcement of Fundamental Rights, among others. Their appellate jurisdiction and power of judicial review allow them to examine laws and orders for constitutional compliance.
Judges of the Supreme Court and High Courts are appointed by the President, with the Chief Justice of India consulted in all appointments. A Supreme Court judge can serve until the age of 65, while a High Court judge can serve until 62. Judges can only be removed by the President on grounds of “proved misbehaviour or incapacity,” following a parliamentary process.
The judiciary’s independence is further ensured by provisions that protect judges’ salaries from disadvantageous variations and prohibit discussions about their conduct in Parliament or State Legislature, except during removal considerations.
Textual questions and answers
A. Long answer questions
1. Mention those provisions of the Constitution that ensure independence and impartiality of the Judiciary in India.
Answer: The independence of Judiciary is ensured by the following provisions:
Appointment of Judges: Every Judge of the Supreme Court is appointed by the President. But while appointing a Judge other than the Chief Justice, the Chief Justice of India (CJI) is always consulted. Thus neither ‘political bias’ nor ‘personal favouritism’ would play any part in the appointment of judges.
Security of Tenure: A Supreme Court judge can remain in office till he has attained the age of 65 years. A Judge of the High Court remains in office till he has attained the age of 62 years. The Supreme Court and High Court judges can be removed by the President on ground of “proved misbehaviour or incapacity” on an Address of each House of Parliament.
Salaries, etc. of the Judges cannot be Varied to their Disadvantage: Judges’ salaries, allowances, etc. shall not be varied to their disadvantage during their term of office. Moreover, they are charged on the Consolidated Fund of India and are not subject to Vote of Parliament. The salaries of the judges of High Courts are charged on the Consolidated Fund of the State. The judges’ salaries cannot be reduced except during periods of financial emergency.
No Discussion with Respect to the Conduct of any Judges: No discussion shall take place in Parliament or State Legislature with respect to the conduct of any Judge in the discharge of his duties, except when a motion for his removal is under consideration.
Punishment for the Contempt of Court: The Supreme Court or the High Court has power to punish for contempt of itself.
Discretion of the Executive and that of the Chief Justice of India has been reduced in Appointments and Transfers of Judges: The President can transfer any Judge from one High Court to another. But it requires these conditions to be fulfilled. First, orders for transfer can be issued after consulting the Chief Justice of India. Second, the Chief Justice of India’s recommendation must be made in consultation with four seniormost judges of the Supreme Court. Third, the views of the Chief Justices of the High Courts-one from which the transfer is taking place and another to which the transfer is to be effected must also be obtained.
2. Describe the Original and Appellate Jurisdiction of the Supreme Court of India.
Answer: The Supreme Court has an extensive jurisdiction-both original and appellate. It is the final Interpreter of the Constitution.
Original Jurisdiction: The Original Jurisdiction extends to those cases which Supreme Court has authority to hear and decide in the first instance. The Supreme Court in its original jurisdiction entertains suits in the following cases: A dispute between the Government of India and one or more States, Disputes between two or more States, A dispute between the Union and any State on the one side and other States on the other.
Appellate Jurisdiction: The Supreme Court has Appellate Jurisdiction in Constitutional, civil and criminal cases. The Court has the power to review all national and State laws and executive orders and to declare them null and void, if they go against the provisions of the Constitution.
3. The High Court has an extensive Jurisdiction. In this context discuss the following:
(a) Cases in which it has Original Jurisdiction
Answer: The original jurisdiction extends to those cases which High Court has authority to hear and decide in the first instance. First, the cases regarding wills, divorce, marriage, Admiralty, Company Law and Contempt of Court can be taken up by the High court directly. Second, the Constitutional cases could be taken up under the original jurisdiction of the High Court. Every High Court has the power to interpret the Constitution. Third, the High court has the power to issue Writs for the enforcement of Fundamental Rights. Fourth, before the commencement of the Constitution the High Courts of Bombay (Mumbai) and Madras (Chennai) enjoyed original jurisdiction in all civil and criminal cases related to the Christians and Parsees.
(b) Cases in which it has Appellate Jurisdiction
Answer: Appellate jurisdiction of the High Courts is both civil and criminal. In civil cases the High Courts hear the appeals against the decisions of District Judges. In Criminal cases appellate jurisdiction consists of appeals:
(i) Against the judgement of a Sessions Judge or an Additional Sessions Judge, where the sentence of imprisonment exceeds seven years.
(ii) Against the judgements of Assistant Sessions Judge, the Chief Metropolitan Magistrate or other Judicial Magistrates, where the sentence of imprisonment exceeds four years.
In addition to what has been mentioned above (i) A sentence of death must be confirmed by the High Court before it can be carried out; (ii) Appeals also lie in matters concerning land revenue, and (iii) against orders of the Tribunals, such as the Rent Controller, State Transport Authority and Labour Tribunal.
(c) Its Writ Jurisdiction
Answer: All High Courts have the power to issue Writs to a person or an official. The Writs comprise the Writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. These writs are issued to protect the Fundamental Rights or for any other purpose. Here it should be noted that the Writ Jurisdiction of the High Court is wider than that of the Supreme Court. The writ jurisdiction of the Supreme Court is restricted to enforcement of Fundamental Rights. But the words “for any other purpose” allow the High Courts to issue writs for enforcement of all legal rights, whether Fundamental Rights or other rights.
B. Short answer questions
4. Why do we need an Independent Judiciary?
Answer: An independent judiciary is needed to uphold the rule of law and to ensure that laws are interpreted and applied in a fair and impartial manner. It is the judiciary that has the power to examine the laws and orders and regulations to find whether or not they are permitted by the Constitution. The scope of judicial review is very wide. The Court has the power to review all national and state laws and executive orders and to declare them null and void, if they go against the provisions of the Constitution.
5. How are the Chief Justice and other Judges of the Supreme Court appointed in India?
Answer: The Chief Justice of India is appointed by the President of India. As regards other judges, every judge is appointed by the President after consultations with such of the Judges of the Supreme Court and of High Courts as he may deem necessary. But while appointing a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted. In a historic Judgement delivered on October 28, 1998 the Supreme Court held that the Chief Justice of India’s recommendations on appointment of judges were not binding on the Government, if the recommendations were made without consulting four seniormost judges of the Supreme Court. This came to be known as the Collegium System which allows a college of persons (judges) to appoint judges.
6. What qualifications are needed for being a Judge of the Supreme Court and that of the Court?
Answer: A Judge of the Supreme Court must be a Citizen of India, and (i) must have been for at least five years a Judge of a High Court, or (ii) an advocate of a High Court for at least ten years, or (iii) must be, in the opinion of the President, a distinguished Jurist.
7. What procedure has been laid down for the removal of a Judge of the Supreme Court?
Answer: Judge of the Supreme Court or a High Court may be removed by the President on the ground of “proved misbehaviour or incapacity” on an Address (request) of each House of Parliament. Such an Address may be presented to the President only.
8. What is meant by Judicial Review? (Or) “The Supreme Court is the final Interpreter and Guardian of the Constitution”. Discuss
Answer: Judicial Review refers to the power of the Supreme Court to examine the laws, orders, and regulations to determine whether or not they are permitted by the Constitution. The scope of Judicial Review is very wide. The Court has the power to review all national and state laws and executive orders and to declare them null and void if they go against the provisions of the Constitution.
9. What is meant by the Advisory function of the Supreme Court?
Answer: The Advisory function of the Supreme Court refers to the power of the President to obtain the opinion of the Supreme Court on a question of law or fact. The Court may give its opinion, but it is not binding on the President.
10. What do we mean when we say that the Supreme Court is a Court of Record?
Answer: When we say that the Supreme Court is a Court of Record, it means that the Supreme Court has the power to enforce its judgments and orders, and its decisions are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court.
11. “Public Interest Litigation (PIL) democratised the Judicial system.” Comment.
Answer: Public Interest Litigation (PIL) has indeed democratised the Judicial system. It has expanded the scope of our rights. The clean air and unpolluted river waters were declared as the new rights that needed to be protected by the State. The Supreme Court has given its considered opinion on the need for a Uniform Civil Code, the incapacity of our government to keep our rivers clean, and cases involving powerful politicians and bureaucrats. The causes responsible for Judicial Activism were the failure of the other two organs of government (legislature and executive) to take hard and unpleasant decisions, and Public Interest Litigation (PIL).
12. Like the Supreme Court of India the High Court is also an Interpreter and Guardian of the Constitution. In this context discuss its power of Judicial Review. (or) How do the High Courts hold the legislative and executive organs in check?
Answer: Like the Supreme Court, the High Court also has the power of Judicial Review. It can examine the laws and orders and regulations to find whether or not they are permitted by the Constitution. The High Court has the power to review all state laws and executive orders and to declare them null and void, if they go against the provisions of the Constitution.
C. Very short answer questions
13. What is meant by Rule of Law?
Answer: The ‘rule of law’ means the absence of arbitrary powers. It means that the citizens are ruled by the law and the law alone. No person can be punished except for violation of the law. Rule of Law also implies “equality before the law or the equal protection of the laws”. The State should not discriminate against any citizen on grounds of religion, caste (advanced or backward castes) and sex (men or women).
14. Name any two Writs issued by the Supreme Court or the High Courts to enforce Fundamental Rights.
Answer: Habeas Corpus and Mandamus.
D. Multiple Choice Questions: Tick (✔) the correct answer.
15. Which among the following is a correct statement about Advisory Jurisdiction of the Supreme Court?
Answer: (b) Opinion of the Supreme Court can be obtained only on a question of law or fact
16. Which among the following is not an essential qualification for being a Judge of the High Court?
Answer: (c) Being a Judicial Officer in India for atleast 10 years
17. Which High Court among the following enjoys jurisdiction over more than one State?
Answer: (b) Guwahati High Court
Value-based question
The Haryana Legislative Assembly enacted an Act that laid down some minimum educational qualifications for those contesting Panchayat elections. A few political analysts are of the opinion that the law shall deprive many persons belonging to weaker sections of society, such as the Dalits and women, from the Fundamental Right to contest election in a democracy. Do you think they are justified in holding such an opinion?
Answer: The concerns raised by the political analysts could be justified from a certain perspective. In a democratic system, it is generally considered important that all citizens have the ability to participate fully, which includes the right to stand for election. If educational qualifications are imposed as a requirement to contest in Panchayat elections, it could potentially exclude those who, due to socio-economic circumstances, were unable to access or complete a certain level of education.
In India, where there are significant disparities in access to education across different social groups, such a requirement could disproportionately affect certain sections of society, including those from economically weaker backgrounds, marginalized communities like Dalits, and women, who have historically had lower literacy rates.
Therefore, while the intention behind such a law might be to ensure that elected representatives have a certain level of educational competence, it’s also crucial to consider the potential implications for democratic representation and inclusivity.
Additional/extra questions and answers
1. What are the specific ways in which the Lok Sabha demonstrates its supremacy over the Rajya Sabha?
Answer: The Lok Sabha holds supremacy over the Rajya Sabha in the following areas:
- Regarding Money Bills: Money Bills can only originate in the Lok Sabha. The Rajya Sabha does not have the power to reject a Money Bill, but can only make suggestions or recommendations, which the Lok Sabha may choose to accept or reject.
- Regarding Ordinary Bills: Though Ordinary Bills can originate in either House, in case of disagreement, the Bill is referred to a joint sitting of both Houses. As the total membership of the Rajya Sabha is less than half of the Lok Sabha, the will of the Lok Sabha usually prevails in a joint sitting.
- Control over the Executive: The Lok Sabha is responsible for the creation of the government or the Ministry. The Council of Ministers is accountable only to the Lok Sabha and the Rajya Sabha does not have the power to pass a motion of No-Confidence in the Council of Ministers.
2. In which matters is the Rajya Sabha put on an equal footing with the Lok Sabha?
Answer: The Rajya Sabha is put on an equal footing with the Lok Sabha in the following matters:
(i) The election and impeachment of the President, (ii) Removal of the Judges of the Supreme Court and the High Courts, (iii) Proclamation of Emergency, (iv) Promulgation of Ordinances, and (v) Constitutional amendments.
3. Why is the Lok Sabha more powerful than the Rajya Sabha?
Answer: The Lok Sabha is more powerful than the Rajya Sabha because it is a directly elected chamber, chosen by the people. Democracy is the “rule by the people”, hence it is logical that the distribution of powers leans in favor of the Lok Sabha, which is a representation of the people’s choice.
4. What is the procedure of enacting laws in the Parliament?
Answer: The procedure of enacting laws involves introducing legislative proposals before the House in the form of a Bill. A Bill is a draft of a legislative proposal, which, when passed by both Houses of Parliament and assented to by the President, becomes an Act. Bills can be introduced by Ministers or Private Members, known as Government Bills and Private Members’ Bills, respectively. Additionally, a Bill can be classified as a Money Bill, an Ordinary Bill, or a Constitution Amendment Bill.
5. What is the difference between a Bill and an Act?
Answer: A Bill is a draft of a legislative proposal. When this Bill is passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) and receives assent from the President, it becomes an Act. Therefore, an Act is a law that has received formal approval from the legislative and executive branches of government.
Q. What are the three stages a Bill has to pass through?
Answer: The three stages a Bill has to pass are known as First Reading, Second Reading, and Third Reading.
Q. What happens in the First Reading of a Bill?
Answer: In the First Reading, a Minister or member-in-charge of the Bill first seeks the leave of the House to introduce the Bill. No debate takes place at this stage. After the Bill has been introduced, the First Reading is deemed to be over.
Q. Describe the process of the Second Reading in the passage of a Bill.
Answer: The Second Reading is the consideration stage of the Bill. It is usually referred to a Standing Committee for most Bills. During this stage, a clause-by-clause consideration of the Bill, as reported by the Committee, is done. When all the Clauses and amendments have been put to vote and disposed of, the Second Reading of the Bill is over.
Q. What is the purpose and procedure of the Third Reading in a Bill’s passage?
Answer: The Third Reading is the next stage after the Second Reading. The debate on the Bill at this stage is of a restricted character. No amendment, except that which is purely formal or verbal, can be made. After the Bill is passed at this stage, it is sent to the other House.
Q. What happens when a Bill is sent to the other House?
Answer: After a Bill is transmitted to the other House (Rajya Sabha), it goes through all the stages as described above. If the Rajya Sabha passes the Bill, it is presented to the President for assent. But if the Bill passed by one House is amended by the other House, it goes back to the House where it originated. If the House originating the Bill does not agree to the amendments, it shall be deemed that the two Houses have finally disagreed.
Q. Explain the concept of a joint sitting in the passage of a Bill.
Answer: In case of a disagreement between the two Houses over a Bill, the President may summon a joint sitting. This joint sitting is presided over by the Speaker, Lok Sabha. If at the joint sitting the Bill is passed by a majority of the members present and voting, it shall be deemed to have been passed by both Houses.
Q. Detail the role of the President in the passage of a Bill.
Answer: Once a Bill has been passed by both Houses, it is presented to the President for his assent. The President can either assent or withhold the assent. The President may also return a Bill, other than a Money Bill, with his recommendation. If the President gives assent, the Bill becomes an Act. If the President withholds assent, there is an end to the Bill. If the President returns the Bill for reconsideration, the Houses must do so. When the Bill is passed again by them with or without amendment, the President cannot withhold assent.
Q. What defines a Money Bill and what is the unique procedure in its passage?
Answer: A Money Bill deals with the imposition, abolition, or alteration of any tax; and regulations governing the borrowing of money. It shall not be introduced in the Rajya Sabha. A Money Bill, after being passed by the Lok Sabha, is transmitted to the Rajya Sabha for its recommendation. The Rajya Sabha must return it with its recommendations within fourteen days. The Lok Sabha may accept or reject any of the Recommendations. If the Lok Sabha does not accept the Recommendations of the Rajya Sabha, the Money Bill shall be deemed to have been passed by both Houses in the form it was passed by the Lok Sabha. If a Money Bill is not returned to the Lok Sabha within fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period. The President shall not withhold his assent from a Money Bill. This establishes the supremacy of the Lok Sabha in financial matters.
Q. What is the Question Hour in Parliament and its significance?
Answer: The Question Hour is often the liveliest part of the sitting in both Houses. The Question keeps the Ministers on their toes and is a valuable protection against injustice and slackness on the part of the government. During the Question Hour, members of parliament ask questions of the ministers, and the ministers are obligated to answer. This encourages transparency and accountability, forcing the ministers to be well-prepared and responsive to the concerns and queries of the members.
Q. Define and explain the concept of Zero Hour in Parliament?
Answer: The time which begins at 12 o’clock soon after the Question Hour is known as the Zero Hour. During Zero Hour, members raise all types of questions without any permission or prior notice. It’s not officially recognized in the rules of procedure but has become a convention. The Zero Hour allows members to raise urgent and important matters that cannot wait for notice period. This is often a period of lively debate and can lead to unruly scenes in the House.
Q. Explain how an Adjournment Motion is used to control the Executive?
Answer: An Adjournment Motion proposes that the House should lay aside all other business and take up the consideration of “a matter of urgent public importance.” A Motion for Adjournment provides the opportunity to censure the acts of omission and commission of the Ministers. The successful adoption of an adjournment motion is regarded as a matter of parliamentary censure of government policy. The main purpose of moving an adjournment motion is to draw the attention of Lok Sabha to a recent matter of urgent public importance.
Q. Describe how the Parliament exercises control over the Executive through the budget?
Answer: When the Budget is under consideration, a Motion for the reduction of a Demand of Grant may be moved. This is essentially a proposal to reduce the amount of a demand or grant made by the government. It is one of the ways Parliament can control public expenditure. In addition, Parliament’s Public Accounts Committee ensures that public money is spent in accordance with Parliament’s decision. The Committee audits the spending and holds the government accountable for any discrepancies between the granted amounts and the actual spending.
Q. What is a No-Confidence Motion and how does it control the Executive?
Answer: A No-Confidence Motion is a motion moved by the Opposition expressing a lack of confidence in the Government. It is a powerful check on the government’s powers as the failure of the government to secure a majority on the vote of confidence means it cannot continue in office. The House grants leave to move No-Confidence Motion only if the Speaker puts the Motion to vote. If the Motion is passed, the Government has to resign. This was the case in April 1999 when Prime Minister Atal Bihari Vajpayee submitted his resignation since his government lost Confidence of the Lok Sabha.
Q. What is defection and the Anti-Defection Act?
Answer: Defection means “giving up the membership of that party to which a person belonged or on whose ticket he or she contested an election and joining another party or group”. Voting in the House against directions of the party also amounts to Defection. The Anti-Defection Act was enacted in 1985 to prevent such political defections. According to the Act, if a member belonging to any party gives up the membership of that party or votes against any direction issued by the Party to which he belongs, he shall be disqualified from being a member of the House.
Q. Explain the changes brought about by the 91st Amendment Act related to defection.
Answer: The 91st Amendment Act, enacted in 2003, nullified those provisions of the 1985 Anti-Defection Act which allowed a split in political parties. Under this Act, defectors will not only lose membership of the House, but they are also debarred from holding any public office. The provisions of this Act leave the Speaker or Chairman of the House with no option but to disqualify a defector. This amendment has further strengthened the penalties for defection and is aimed at promoting party discipline.
Q. How is the Republic of India described and what territories does it include?
Answer: The Republic of India is described as a Union. Its territories include the territories of twenty-nine States and seven Union Territories. Delhi, though it has a Legislative Assembly and a Council of Ministers, remains a Union Territory.
Q. Name the states in India that have a bicameral legislature and explain what the two Houses are known as.
Answer: The states in India that have a bicameral legislature are Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. Where there are two Houses, one is known as the Legislative Assembly (Vidhan Sabha) and the other as the Legislative Council (Vidhan Parishad).
Q. What is the composition of the Legislative Assembly in India and how are its members chosen?
Answer: The Legislative Assembly in India consists of members chosen by direct election on the basis of adult suffrage. The number of members shall not be more than 500 nor less than 60. There are special provisions in respect of the States of Goa, Mizoram and Sikkim. If the Governor opines that the Anglo-Indian Community needs representation, he may nominate one member of that Community to the Legislative Assembly of the State.
Q. What are the qualifications for membership of the Legislative Assembly and what is its term?
Answer: The qualifications for membership and the disqualifications of the Legislative Assembly are similar to those laid down in relation to members of the Lok Sabha. The term of the House is five years, if it is not dissolved earlier. The quorum to constitute a meeting shall be 10 members or one-tenth of the total number of members of the House, whichever is greater.
Q. Describe the role of the Speaker in the Legislative Assembly.
Answer: The Legislative Assembly chooses one of its members as the Speaker and another as Deputy Speaker. A Speaker vacates his office as soon as he ceases to be a member of the House. The Speaker presides over the meetings and maintains order in the House.
Q. What is the composition of the Legislative Council and how are its members chosen?
Answer: The total number of members in the Legislative Council shall not exceed one-third of the total number of members in the Legislative Assembly of the State. However, the total number of members shall in no case be less than forty. About one-third of the members of a Legislative Council are elected by members of the Legislative Assembly from amongst persons who are not members of the Assembly. It has members drawn from a few other constituencies also, such as the local bodies (Municipalities and District Boards), the Teachers’ Constituency, and the Graduates’ Constituency. About one-sixth of the members are nominated by the Governor.
Q. What qualifications should a person possess to be chosen a member of the Legislative Council?
Answer: A person shall not be qualified to be chosen a member of the Council unless he is a Citizen of India, is not less than thirty years of age, and possesses such other qualifications as may be prescribed by the Parliament.
Q. What are the powers and functions of the State Legislature?
Answer: The State Legislature has exclusive powers over the subjects mentioned in the State List. It has concurrent powers over those subjects which are mentioned in the Concurrent List. However, if the State Legislature has passed a law on a matter specified in the Concurrent List and Parliament also passes a law on the same subject, the State Law becomes inoperative. The Constitution imposes a few restrictions on the powers of the State Legislature. For instance, Parliament can make laws in regard to a matter mentioned in the State List if the Rajya Sabha passes a resolution by a two-thirds majority that it is desirable in the national interest to do so. Also, while a Proclamation of Emergency is in operation, Parliament can frame laws with respect to any matter in the State List.
Q. What happens in case of a failure of the Constitutional machinery in a State?
Answer: In case of failure of the Constitutional machinery in a State, the powers of the State Legislature are exercised by the Parliament. This is often referred to as the imposition of the President’s rule.
Q. Can you elaborate on the financial powers of the State Legislature?
Answer: The State Legislature holds significant control over the State finances. It is responsible for passing the State Budget, with the Legislative Assembly having the exclusive power to originate Money Bills. It is noteworthy that in all financial matters, the decision of the Legislative Assembly must prevail.
Q. How does the Legislative Assembly exercise control over the Executive?
Answer: The Ministers are responsible to the Legislative Assembly, which exercises control over the Executive. If the Assembly passes a No-Confidence Motion against the Government, the Government is obligated to resign. This mechanism establishes a system of checks and balances, ensuring that the Executive is accountable to the Legislative Assembly.
Q. What are the Constituent Powers of the Parliament and the role of State Legislatures in it?
Answer: The Parliament has the exclusive power to initiate an amendment of the Constitution, representing its Constituent Powers. However, State Legislatures also have a crucial role in this process. If an Amendment seeks to change certain specified Articles of the Constitution, such as those related to the election of the President or the representation of States in the Union Parliament, it must be ratified by at least one-half of the State Legislatures. This requirement underscores the cooperative federalism embedded in the Constitution, where both the Central and State Legislatures share the responsibility of maintaining the constitutional order.
Q. How is the President of India elected?
Answer: The President of India is elected by the members of an Electoral College, which is comprised of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States. This method ensures a wide representation in the Presidential election, as it takes into account the political will of both the Centre and the States, thereby embodying the federal character of the Indian Constitution.
Q. What does ‘rule of law’ mean?
Answer: The ‘rule of law’ signifies the absence of arbitrary powers. This implies that the citizens are governed by the law and the law alone. No person can be punished except for a violation of the law. The Rule of Law also stands for “equality before the law or the equal protection of the laws”. The State must not discriminate against any citizen on grounds of religion, caste (advanced or backward castes), and sex (men or women).
Q. Define an independent judiciary and discuss its significance.
Answer: Independence of Judiciary means that Judges should be able to execute the powers and duties of their office without fear or favor, which suggests that the Judiciary is independent of both Executive and Legislature. Judges are generally considered important for the rule of law and should not be easily dismissible. Furthermore, their salaries, allowances, and other benefits should not be varied to their disadvantage during their term of office. The independent judiciary is vital because it safeguards the Fundamental Rights of the people, punishes criminals, administers justice, interprets the law, and resolves disputes between different parties. It also settles disputes between the Government and individuals. In India, the Supreme Court and High Courts interpret the Constitution, and disputes between the Centre and States or between States themselves are settled by the Supreme Court.
Q. Elucidate the reasons why we need an independent judiciary.
Answer: An independent judiciary is essential for several reasons. Firstly, it is concerned with safeguarding the Fundamental Rights of the people. The judiciary stands as a guardian of these rights and ensures that they are not violated. Secondly, the judiciary administers justice by punishing the criminals, interpreting the law, and resolving disputes between different parties. The administration of justice is impartial and based on legal principles, ensuring fairness in society. Thirdly, the judiciary settles disputes not only between private groups or individuals but also between the Government and individuals. This helps maintain a balance of power and checks potential overreach by the Government. Fourthly, in India, the Supreme Court and High Courts interpret the Constitution, offering a definitive understanding of its provisions. Disputes between the Centre and States or between States themselves are settled by the Supreme Court. As Lord Bryce aptly said, “If the lamp of justice goes out in darkness, how great is that darkness”. The independent judiciary serves as that lamp of justice, preventing the darkness of oppression and injustice from pervading society.
Q. What are the roles of the judiciary?
Answer: The Judiciary serves several important functions within a state. Its primary role is to settle disputes. These disputes may be between different individuals, between private groups, or even between the State and a citizen. In addition, the judiciary is tasked with interpreting the law and ensuring that all activities within the state are legal and just. The judiciary also carries the responsibility of punishing those who commit crimes or violate the law, ensuring safety and order within society. Furthermore, the judiciary safeguards the rights of citizens, particularly those from weaker sections of society, protecting them from oppression by stronger sections. All these responsibilities must be discharged according to the provisions of the law, further emphasizing the judiciary’s role in upholding the rule of law.
Q. What does the ‘rule of law’ imply?
Answer: The ‘rule of law’ implies the absence of arbitrary powers. It means that the citizens are ruled by the law and the law alone. No person can be punished except for violation of the law. Rule of Law also implies “equality before the law or the equal protection of the laws”. The State should not discriminate against any citizen on grounds of religion, caste (advanced or backward castes), and sex (men or women).
Q. Define an Independent Judiciary.
Answer: Independence of Judiciary means that Judges must be able to discharge the powers and duties of their office without fear or favour. This implies that the Judiciary is independent of both the Executive and Legislature. It is generally thought important for the rule of law that “judges should not be easily dismissible”. Moreover, their salaries, allowances, and other benefits should not be varied to their disadvantage during their term of office.
Q. Why is the Judiciary considered an essential organ of the State?
Answer: The Judiciary is considered the most essential organ of the State for safeguarding the rights of the citizens, punishing the criminals, resolving disputes between different parties, and saving the weaker sections of the society from falling victim to the oppression of the stronger sections. The major task of the Judiciary is to settle our disputes and also the disputes which arise between the State and Citizen. In addition to that, the courts of law carry out various other functions. All these responsibilities should be discharged in accordance with the provisions of law.
Q. What are the main reasons for needing an independent Judiciary?
Answer: The main reasons why we need an independent judiciary are:
- The Judiciary is concerned with safeguarding the Fundamental Rights of the people.
- The Judiciary punishes the criminals, administers justice, interprets the law, and resolves disputes between different parties.
- The Judiciary settles disputes not only between private groups or individuals but also between the Government and individuals.
- In India, the Supreme Court and High Courts interpret the Constitution. The disputes between the Centre and States or between States themselves have to be settled by the Supreme Court.
As said by Lord Bryce, “If the lamp of justice goes out in darkness, how great is that darkness”. To save the lamp of justice from dying out, it is essential that the judiciary must be independent.
Q. How does the Judiciary protect the rights of citizens and maintain law and order?
Answer: The Judiciary protects the rights of citizens and maintains law and order by interpreting laws and punishing those who commit crimes or break the law. It is responsible for safeguarding the rights of the citizens, punishing the criminals, resolving disputes between different parties, and saving the weaker sections of the society from falling victim to the oppression of the stronger sections. The major task of the Judiciary is to settle disputes between the State and citizens. The Judiciary administers justice by ensuring everyone follows the ‘rule of law’, which implies the absence of arbitrary powers and guarantees equality before the law.
Q. What does it mean for the Judiciary to be independent of the Executive and Legislature, and why is this important?
Answer: Independence of the Judiciary means that judges must be able to discharge the powers and duties of their office without fear or favour, which implies that the Judiciary is independent of both the Executive and Legislature. This is important because it ensures that judges are not influenced by external forces in their decision-making process, thus preserving the integrity of the legal system. Also, it is generally thought important for the rule of law that “judges should not be easily dismissible”, and their salaries, allowances, and other benefits should not be varied to their disadvantage during their term of office. This independence helps in the impartial interpretation of laws, administering justice, and safeguarding the fundamental rights of the people.
Q. Explain how the Judiciary acts as a mediator between the Government and individuals, and between different states.
Answer: The Judiciary acts as a mediator between the Government and individuals, and between different states by interpreting the Constitution and settling disputes. This is especially evident in India, where the Supreme Court and High Courts interpret the Constitution, and disputes between the Centre and States, or between States themselves, are settled by the Supreme Court. The Judiciary’s role in mediating these disputes is crucial in maintaining a balance of power and preventing the misuse of authority. It also ensures that all parties, whether they are private individuals, groups, or government bodies, are treated equally under the law and their rights are upheld. By providing a platform for dispute resolution, the Judiciary also helps to prevent conflict and promote social harmony. In essence, the Judiciary plays a pivotal role in the governance of a country by upholding the principles of justice, fairness, and equality.
Q. What is the process of appointment of judges in India?
Answer: Every Judge of the Supreme Court is appointed by the President. But while appointing a Judge other than the Chief Justice, the Chief Justice of India (CJI) is always consulted. This is to ensure that neither ‘political bias’ nor ‘personal favouritism’ would play any part in the appointment of judges.
Q. How is the security of tenure ensured for judges in India?
Answer: A Supreme Court judge in India can remain in office until the age of 65 years, and a High Court judge remains in office until the age of 62 years. Additionally, the Supreme Court and High Court judges are not easily dismissible. They can only be removed by the President on the ground of “proved misbehaviour or incapacity” and that too only on an Address of each House of Parliament.
Q. Discuss the provision related to salaries of judges in India.
Answer: The salaries, allowances, etc. of the judges shall not be varied to their disadvantage during their term of office. They are charged on the Consolidated Fund of India and are not subject to Vote of Parliament. The salaries of the judges of High Courts are charged on the Consolidated Fund of the State. The judges’ salaries cannot be reduced except during periods of financial emergency.
Q. What are the rules regarding the discussion of conduct of any Judge in the Parliament or State Legislature?
Answer: No discussion shall take place in Parliament or State Legislature with respect to the conduct of any Judge in the discharge of his duties, except when a motion for his removal is under consideration. This is to ensure that the independence and integrity of the judiciary are not compromised or influenced by any external pressure.
Q. Explain the concept of ‘Punishment for the Contempt of Court’ in India.
Answer: Genuine criticism of a judgement is allowed, but anything that lowers the authority or dignity of the Court is not. The Supreme Court or the High Court has the power to punish for contempt of itself. This is an essential safeguard to maintain the respect, dignity, and authority of the courts in India.
Q. How are the appointments and transfers of Judges controlled?
Answer: The President can transfer any Judge from one High Court to another. But for this to happen, several conditions must be fulfilled. First, orders for transfer can be issued after consulting the Chief Justice of India. Second, the Chief Justice of India’s recommendation must be made in consultation with four seniormost judges of the Supreme Court. Third, the views of the Chief Justices of the High Courts – one from which the transfer is taking place and another to which the transfer is to be effected – must also be obtained. This process ensures a fair and transparent system for appointments and transfers of judges.
Q. To whom are the judges accountable in the context of the independence of Judiciary in India?
Answer: Independence of the Judiciary does not mean that judgements are given arbitrarily. All three organs – executive, legislature, and judiciary – should work in accordance with Constitutional provisions. Judges should interpret the law in a manner consistent with the “Basic Structure” of the Indian Constitution, which includes principles such as democracy, secularism, and federalism. Justice Krishna Iyer once said that “the most sacred obligation of the judge is to dispense justice to the downtrodden section of the country,” indicating that judges, in a broader sense, are accountable to the principles of justice and the Constitution.
Q. What is the composition of the Supreme Court of India?
Answer: The Supreme Court of India consists of the Chief Justice of India and not more than thirty other judges as per an Act of 2008. Initially, at the commencement of the Constitution, the number of judges was eight, including the Chief Justice of India. The number can be increased by the Parliament through a law. The Supreme Court is seated in Delhi, but it may sit in other places as decided by the Chief Justice of India, with the approval of the President.
Q. What is the process for appointing the Chief Justice of India?
Answer: The Chief Justice of India is typically the seniormost judge of the Supreme Court. However, this convention was not followed in 1973 when A.N. Ray was appointed Chief Justice, superseding three senior colleagues. Now, a Supreme Court judgment maintains that the order of seniority should be upheld unless there are strong reasons to deviate.
Q. What is the Collegium System in relation to the appointment of judges to the Supreme Court?
Answer: The Collegium System refers to a mechanism for the appointment of judges where a college of judges make the decisions. This system originated from a Supreme Court judgment delivered on October 28, 1998, which stated that the Chief Justice of India’s recommendations for appointment of judges were not binding on the Government if the recommendations were made without consulting the four seniormost judges of the Supreme Court.
Q. What are the qualifications needed to be appointed as a Judge of the Supreme Court of India?
Answer: A Judge of the Supreme Court of India must be a citizen of the country. The qualifications include having served as a Judge of a High Court for at least five years or having been an advocate of a High Court for at least ten years. Alternatively, a candidate could be considered a distinguished Jurist, in the opinion of the President.
Q. What is the Oath of Office that a Judge of the Supreme Court must take before assuming the role?
Answer: Every Judge of the Supreme Court, before entering office, must take an Oath or Affirmation administered by the President of India. The Oath includes three elements: (i) bearing true faith and allegiance to the Constitution, (ii) upholding the sovereignty and integrity of India, and (iii) performing the duties of the office without fear or favour, affection or ill will.
Q. How can a Judge of the Supreme Court be removed from office?
Answer: A Judge of the Supreme Court or a High Court may be removed by the President on the ground of “proved misbehaviour or incapacity” based on a request or Address from each House of Parliament. This Address can only be presented to the President when each House has passed it with a Special Majority, meaning a majority of the total membership of that House and by a majority of not less than two-thirds of the Members present and voting. “Proved misbehaviour or incapacity” implies that an allegation must be thoroughly examined by an impartial tribunal before an Address can be presented.
Q. What does ‘Jurisdiction’ mean in the context of the Supreme Court?
Answer: Jurisdiction refers to the power that a court of law exercises to carry out judgements and enforce laws. In the context of the Supreme Court, it encompasses the court’s extensive jurisdiction, including original, appellate, and advisory jurisdiction, and its role as the final interpreter of the Constitution.
Q. Define ‘Original Jurisdiction’ and list the cases it covers.
Answer: Original Jurisdiction refers to those cases which the Supreme Court has authority to hear and decide in the first instance. It covers cases such as a dispute between the Government of India and one or more States, disputes between two or more States, a dispute between the Union and any State on one side and other States on the other, and the enforcement of Fundamental Rights. These disputes cannot be heard or decided by other courts, giving the Supreme Court ‘exclusive jurisdiction.’
Q. What is the Supreme Court’s role in the enforcement of Fundamental Rights?
Answer: The Supreme Court plays a significant role in the enforcement of Fundamental Rights. It has the power to entertain suits brought by private individuals against the Union Government or a State Government to ensure these fundamental rights are not violated.
Q. Describe the ‘Appellate Jurisdiction’ of the Supreme Court.
Answer: The Appellate Jurisdiction of the Supreme Court allows it to change the decision or reduce the sentence passed by the lower courts. The Supreme Court, in its appellate capacity, serves as the final Court of Appeal. An appeal can be made to the Supreme Court from any judgement or final order of a High Court in India. The appellate jurisdiction extends to Constitutional Cases, Civil Cases, and Criminal matters.
Q. Elaborate on the Supreme Court’s appellate jurisdiction in Constitutional Cases.
Answer: In the context of Constitutional Cases, the Supreme Court has the final say on matters involving interpretation of the Constitution. Although every High Court has the power to interpret the Constitution and issue Writs for the enforcement of Fundamental Rights, an appeal can be made to the Supreme Court from any judgement of a High Court, if the High Court certifies that the case involves interpretation of the Constitution. If the High Court refuses to give such a certificate, the Supreme Court may grant special leave to appeal.
Q. How does the Supreme Court handle appeals in Civil Cases?
Answer: Appeals in civil matters are addressed by the Supreme Court if the High Court certifies that the case involves a substantial question of law of general importance, and that the question needs to be decided by the Supreme Court. The Supreme Court also reserves the power to grant special leave to appeal in suitable cases.
Q. Detail the process of Appeals in Criminal Matters before the Supreme Court.
Answer: In criminal matters, there are two ways in which an appeal may be brought before the Supreme Court. An appeal can be made without a Certificate of the High Court if the Sessions Judge has acquitted the accused but the High Court, on an appeal from the Government, reverses the decision of acquittal and sentences the accused to death, or if the High Court has withdrawn any case from a subordinate court and has convicted the accused and sentenced him to death. Additionally, an appeal can be made to the Supreme Court with a Certificate of the High Court, if the High Court certifies that the case is a fit one for appeal to the Supreme Court.
Q. What is the Special Leave to Appeal granted by the Supreme Court?
Answer: The Supreme Court may grant special leave to appeal in any matter, except against an order of a court relating to the Armed Forces. The aggrieved party may apply for special leave in civil cases, in criminal cases, in income-tax cases and in cases which come up before tribunals.
Q. What is the Advisory or Consultative Jurisdiction in the context of the Supreme Court?
Answer: The President may obtain the opinion of the Supreme Court on a question of law or fact, which is of public importance. The Supreme Court is not bound to express any opinion on the questions submitted to it, and its advisory opinion is not binding on the President or on other courts.
Q. Explain the concept of ‘Writ Jurisdiction: Enforcement of Fundamental Rights’ by the Supreme Court.
Answer: The Supreme Court is the Guardian and Protector of Fundamental Rights. Any citizen whose rights have been violated may move the Supreme Court for the enforcement of the rights. The Supreme Court has power to issue orders or writs, in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights.
Q. What does it mean when it is said that the ‘Supreme Court is a Court of Record’?
Answer: The Supreme Court is a Court of Record, which means its judgements are recorded for evidence and testimony, and are not to be questioned when they are produced before any court. The judgements are in the nature of ‘precedents’, i.e., the High Court and other Courts are bound to give a similar decision in a similar case. The Supreme Court also has the power to punish contempt of itself.
Q. What kinds of cases can an aggrieved party apply for Special Leave to Appeal in the Supreme Court?
Answer: An aggrieved party can apply for Special Leave to Appeal in civil cases, criminal cases, income-tax cases and in cases which come up before tribunals.
Q. Who has the authority to seek the opinion of the Supreme Court on a question of law or fact, and what is the significance of this process?
Answer: The President has the authority to obtain the opinion of the Supreme Court on a question of law or fact, which is of public importance. This process, also known as the Advisory or Consultative Jurisdiction, allows the Supreme Court to advise on crucial issues. While its opinion is not binding, it can lead to modifications in law or changes in government policies, thereby making it more acceptable and effective.
Q. What are the different types of writs that the Supreme Court can issue for the enforcement of Fundamental Rights?
Answer: The Supreme Court has the power to issue various types of writs for the enforcement of Fundamental Rights. These include:
- Habeas Corpus: A judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully.
- Mandamus: A judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.
- Prohibition: A writ directing a subordinate to stop doing something the law prohibits.
- Quo Warranto: A writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold.
- Certiorari: A writ seeking judicial review, issued by a superior to an inferior court.
Q. Elaborate on the meaning and implications of the Supreme Court being a Court of Record.
Answer: The Supreme Court, being a Court of Record, has two significant implications. First, it means that the Supreme Court’s judgements are recorded for perpetuity, serving as evidence and testimony. These judgements, once made, cannot be questioned when produced before any court, emphasizing their absolute and final authority. These judgements also serve as ‘precedents’, meaning they establish a principle or rule that other courts are obliged to follow while deciding upon similar cases. This promotes consistency and predictability in the judicial process, strengthening the rule of law.
Second, the Supreme Court has the power to punish for its contempt. This provision safeguards the dignity and authority of the Court, and ensures the proper functioning of the judiciary by deterring behaviors that disrespect the Court or obstruct the administration of justice. This is crucial for maintaining public faith in the judicial system.
Q. What is meant by Judicial Review?
Answer: Judicial Review is the power of the Supreme Court to examine the laws passed by the legislature and the orders issued by the Executive to determine whether or not they are permitted by the Constitution. If a law or an Executive order violates the Constitution, the Supreme Court declares it null and void, making it the “Guardian and Final Interpreter of the Constitution.”
Q. Explain the term ‘Judicial Activism’.
Answer: Judicial Activism is a principle that has developed in the judiciary over the past few decades. It involves the judiciary taking vigorous action in pursuit of an objective, extending its reach into areas usually reserved for the Legislature and the Executive. This has led to the Supreme Court commenting on various issues of public importance like the need for a Uniform Civil Code, environment conservation, preservation of national monuments, and cases involving powerful politicians and bureaucrats.
Q. What were the two major causes responsible for Judicial Activism in India?
Answer:
- The first cause was the Failure of the Other Two Organs of State. The governments have often been found lacking in meeting people’s needs and aspirations. Both the legislature and the executive often shied away from making difficult and unpopular decisions. An example of this is the case involving Lalu Yadav and his wife, Smt. Rabri Devi, where the Supreme Court took exception to the dismissal of income-tax arrear charges against them.
- The second cause was the emergence of Public Interest Litigation (PIL). Before PIL, justice was largely inaccessible for the socially and economically backward sections of society due to the traditional rule of locus standi. However, the Supreme Court relaxed this rule, allowing any public-spirited individual or institution to move the court on behalf of the poor and oppressed.
Q. How did Public Interest Litigation (PIL) democratize the judicial system?
Answer: Public Interest Litigation (PIL) played a significant role in democratizing the judicial system. Before PIL, justice was a far-fetched reality for the socio-economically backward sections of society due to the traditional rule of locus standi, which permitted only those who had suffered a legal wrong to seek judicial remedy. However, the emergence of PIL changed this scenario. The Supreme Court relaxed the rule of ‘locus standi’. This allowed any public-spirited individual or institution to approach the court on behalf of the disadvantaged. As a result, PIL has been used to bring justice to the poor in numerous cases, such as the blinding of prisoners in Bihar’s Bhagalpur Jail, the inhumane conditions of children in juvenile institutions, and instances of police brutality against weaker sections of society, such as the SCs and the tribals. Thus, PIL served as a powerful tool to check state abuses and protect the rights of the less privileged, thus democratizing the judicial system.
Q. Provide examples of how Public Interest Litigation (PIL) helped the poor and oppressed.
Answer: Public Interest Litigation (PIL) has been instrumental in providing justice to the poor and oppressed. Here are a few instances where PIL played a significant role:
(i) In Bihar’s Bhagalpur Jail, a PIL was filed when it was revealed that prisoners were being blinded. This PIL led to necessary corrective actions.
(ii) PIL was used to bring attention to the inhuman conditions of children in juvenile institutions. This led to reforms in such institutions, ensuring better living conditions and rights for the children.
(iii) Cases of police brutality against weaker sections of society, such as the SCs and the tribals, were brought to light through PILs. This led to actions against the responsible officers and served as a deterrent against future abuses.
These instances highlight how PILs have been used to protect people against State abuses and ensure justice for the marginalized.
Q. Which high courts in India have jurisdiction over more than one state?
Answer: The high courts in India that have jurisdiction over more than one state are Guwahati High Court, Chandigarh High Court, Bombay (Mumbai) High Court, and Hyderabad High Court. The Guwahati High Court has jurisdiction over four States: Assam, Arunachal Pradesh, Mizoram and Nagaland. Chandigarh High Court has jurisdiction over two States: Haryana and Punjab. The Bombay High Court has jurisdiction over the States of Maharashtra and Goa. The Hyderabad High Court is the common High Court for the States of Telangana and Andhra Pradesh.
Q. Can you explain how the composition of the High Courts is determined in India?
Answer: Each High Court in India has a Chief Justice and such other Judges as the President may appoint from time to time. The number of the judges in a High Court is not fixed, and hence their number varies from State to State.
Q. What is the process of appointment for Judges in the High Courts of India?
Answer: The Chief Justice of the High Court is appointed by the President of India in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned State. The appointment of other judges shall also be made in the same manner, but the Chief Justice of the High Court shall also be consulted in their case. Moreover, the Supreme Court has ruled that the Chief Justice of India should consult two senior-most judges of the Supreme Court before making any recommendation to the President in this regard.
Q. What are the qualifications required for Judges in the High Courts of India?
Answer: The qualifications for Judges in the High Courts of India are as follows:
- The person must be a Citizen of India; and
- The person should have held a judicial office in India for at least 10 years, or
- The person should have been an advocate of a High Court for at least ten years. It’s worth noting that the qualification “a distinguished Jurist”, which had been added by the 42nd Amendment Act (1976) was omitted by the 44th Amendment Act (1978).
Q. Explain the term of office and process for removal of High Court Judges in India?
Answer: Every Judge of a High Court shall hold office until he attains the age of 62 years. He can be removed from office on the ground of proved misbehaviour or incapacity, but this is only possible when both the Houses of Parliament pass a resolution by a majority of total membership of that House and a majority of not less than two-thirds of the members present and voting. Following this, they should then present an Address (request) to the President for such removal. The mode of removal of a Judge of the High Court is exactly the same as that of a Judge of the Supreme Court. This process is designed to be difficult to ensure the independence of the High Court. Additionally, a Judge may choose to resign his office by writing to the President.
Q. How is the organisation of High Courts uniform in India and what is the significance of this?
Answer: In India, the organisation of High Courts is uniform due to the Single-Integrated Judicial System, as opposed to the US where High Courts are organised under state laws and their composition varies from state to state. The uniformity in the organisation of High Courts in India has resulted in equal legal standing across the country, streamlined the functioning of the judiciary, and avoided disparities in the interpretation and application of law. This uniform structure ensures that every citizen, irrespective of their geographical location, is under the same legal framework, thus ensuring fairness and justice. The crucial characteristics of this organisation include factors like the composition of courts, the appointment process of judges, their qualifications, and the term of office and removal process.
Q. What is the Oath of Office that a Judge of a High Court has to take before entering his office?
Answer: Before a Judge of a High Court enters upon his office, he is required to take an Oath before the Governor of the State, or some person appointed on his behalf. The Oath requires him (i) to bear true faith and allegiance to the Constitution of India, (ii) to perform the duties of his office without fear or favour, affection or ill will, and (iii) to uphold the Constitution and the laws.
Q. How are the salaries and allowances of High Court Judges determined and protected?
Answer: The Chief Justice and other Judges of the High Court are paid such salaries as determined by the Parliament. Their salaries and allowances are charged on the Consolidated Fund of the State and thus are not put to Vote in the State Legislature. They cannot be varied by Parliament to the disadvantage of a Judge after his appointment. This is meant to ensure independence and impartiality of the judges.
Q. Can a Judge of a High Court be transferred? If so, how is the process carried out?
Answer: Yes, a Judge from one High Court can be transferred to any other High Court. The process of transfer involves the President of India, who may, after consultation with the Chief Justice of India, make the transfer. However, the Chief Justice of India’s recommendation in this regard must be made in consultation with the four seniormost Judges of the Supreme Court of India.
Q. What is meant by the Original Jurisdiction of the High Court and in what cases does it apply?
Answer: Original Jurisdiction refers to those cases which the High Court has the authority to hear and decide in the first instance. Generally, the High Court functions in an Appellate manner, hearing appeals against judgements of subordinate courts. However, its original jurisdiction applies to certain specific cases:
- Cases regarding wills, divorce, marriage, Admiralty, Company Law and Contempt of Court
- Constitutional cases, as every High Court has the power to interpret the Constitution
- The power to issue Writs for the enforcement of Fundamental Rights
- For the High Courts of Bombay (Mumbai) and Madras (Chennai), original jurisdiction in all civil and criminal cases related to Christians and Parsees. Though in 1973, the criminal jurisdiction was removed, they continued to have original jurisdiction in civil cases.
Q. What did the Constitution of India provide regarding the jurisdiction and powers of the High Courts?
Answer: At the time of framing the Constitution of India, several High Courts were already operating in the country. For that reason, the Constitution provided that the jurisdiction of the High Courts should remain the same as immediately before the commencement of the Constitution. This means their jurisdiction and powers would carry over from before, including their Original Jurisdiction and their function as Appellate Courts. The Constitution also gave every High Court the power to interpret the Constitution, and to issue Writs for the enforcement of Fundamental Rights. In specific instances, like the High Courts of Bombay and Madras, it also allowed for their original jurisdiction in civil cases related to Christians and Parsees to continue.
Q. What types of cases fall under the appellate jurisdiction of High Courts?
Answer: Appellate jurisdiction of the High Courts extends to both civil and criminal cases. In civil cases, the High Courts hear appeals against the decisions of District Judges. In criminal cases, they handle appeals against the judgement of a Sessions Judge or an Additional Sessions Judge, where the sentence of imprisonment exceeds seven years, and against the judgements of an Assistant Sessions Judge, the Chief Metropolitan Magistrate, or other Judicial Magistrates, where the sentence of imprisonment exceeds four years.
Q. What are some of the additional scenarios where appeals lie to the High Courts?
Answer: Appeals also lie to the High Court in matters concerning land revenue, against orders of the Tribunals, such as the Rent Controller, State Transport Authority, and Labour Tribunal, and in cases where a sentence of death must be confirmed by the High Court before it can be carried out.
Q. What is the power of the High Courts in terms of issuing Writs?
Answer: All High Courts have the power to issue Writs to a person or an official. The Writs comprise of the Writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. These writs are issued to protect the Fundamental Rights or for any other purpose. The Writ Jurisdiction of the High Court is wider than that of the Supreme Court. The writ jurisdiction of the Supreme Court is restricted to enforcement of Fundamental Rights, but the words “for any other purpose” allow the High Courts to issue writs for enforcement of all legal rights, whether Fundamental Rights or other rights.
Q. Can you define the term “Court of Record” and its significance in relation to High Courts?
Answer: The High Court is a “Court of Record”. As a Court of Record, it has two significant characteristics. First, its judgments and orders are preserved as a record. The law laid down by the High Court is binding on all subordinate courts and administrative tribunals in the State, although it does not bind other High Courts. Secondly, if a person commits a contempt of High Court, the Court has the authority to punish him.
Q. What kind of superintendence and control do the High Courts have over Subordinate Courts?
Answer: The High Courts enjoy the power of superintendence over all the courts within their territorial jurisdiction. They can frame rules to regulate the practice and proceedings of the Courts. Their control extends to matters such as the transfer of District Judges, promotions and confirmations of persons belonging to the judicial service of the State. The appointment, posting, and promotion of District Judges are made by the Governor in consultation with the High Court. Additionally, the High Court can settle the fees to be allowed to the officers, clerks, and advocates of the Subordinate Courts.
104. What is the High Court’s power of judicial review?
Answer: Like the Supreme Court of India, the High Courts also have the power to exercise judicial review and judge the validity of the laws and orders issued by Executive officials. If a High Court finds that a particular law or an order of the Executive goes beyond the provisions of the Constitution, it can declare them null and void. This function of the High Court establishes it as a Guardian and Interpreter of the Constitution.
Additional/extra MCQs
1. Where do Money Bills originate in the Indian parliamentary system?
A. President B. Rajya Sabha C. Lok Sabha D. Supreme Court
Answer: C. Lok Sabha
2. Who holds the final decision in case of a dispute regarding whether a Bill is a Money Bill or not?
A. President B. Speaker of Lok Sabha C. Speaker of Rajya Sabha D. Prime Minister
Answer: B. Speaker of Lok Sabha
3. Can the Rajya Sabha reject a Money Bill?
A. Yes B. No C. Sometimes D. Always
Answer: B. No
4. Who forms the government in the Indian parliamentary system?
A. Rajya Sabha B. Lok Sabha C. President D. Judiciary
Answer: B. Lok Sabha
5. Can the Rajya Sabha pass a Motion of No-Confidence in the Council of Ministers?
A. Yes B. No C. Sometimes D. Always
Answer: B. No
6. On what matters is the Rajya Sabha put on an equal footing with Lok Sabha?
A. Money Bills B. Constitutional amendments C. Forming the government D. No-Confidence Motion
Answer: B. Constitutional amendments
Q. What chamber is directly elected by the people in the Indian parliamentary system?
A. Rajya Sabha B. Lok Sabha C. President D. Judiciary
Answer: B. Lok Sabha
Q. What is a draft of a legislative proposal called?
A. Act B. Amendment C. Bill D. Law
Answer: C. Bill
Q. What does a Bill become once it is passed by both Houses of Parliament and assented to by the President?
A. Proposal B. Amendment C. Law D. Act
Answer: D. Act
Q. What are the Bills introduced by Private Members called?
A. Government Bills B. Private Bills C. People’s Bills D. Private Members’ Bills
Answer: D. Private Members’ Bills
Q. Which ministry would draft a Bill revising the Minimum Wages in certain employments?
A. Ministry of Finance B. Ministry of Health and Family Welfare C. Ministry of Defence D. Ministry of Labour and Employment
Answer: D. Ministry of Labour and Employment
Q. What is the first stage of passing a Bill called?
A. Final Reading B. First Reading C. Second Reading D. Last Reading
Answer: B. First Reading
Q. During which stage of a Bill’s passage does a clause-by-clause consideration occur?
A. First Reading B. Second Reading C. Third Reading D. Final Reading
Answer: B. Second Reading
Q. What type of amendment can be made during the Third Reading of a Bill?
A. Substantial B. Minor C. Verbal D. No amendments
Answer: C. Verbal
Q. Who presides over a joint sitting of both Houses in case of disagreement on a Bill?
A. The President B. The Prime Minister C. The Vice President D. The Speaker, Lok Sabha
Answer: D. The Speaker, Lok Sabha
Q. What can the President do if a Bill, other than a Money Bill, is presented for assent?
A. Reject outrightly B. Return for reconsideration C. Accept without question D. None of the above
Answer: B. Return for reconsideration
Q. What happens to a Bill if the President withholds assent?
A. It becomes an Act B. It ends C. It is returned to the House D. It is referred to a Committee
Answer: B. It ends
Q. What is the maximum period within which the Rajya Sabha must return a Money Bill with its recommendations?
A. Seven days B. Ten days C. Fourteen days D. Twenty-one days
Answer: C. Fourteen days
Q. In which house should a Money Bill not be introduced?
A. Lok Sabha B. Rajya Sabha C. Either House D. Neither House
Answer: B. Rajya Sabha
Q. Can the President withhold assent from a Money Bill?
A. Yes B. No C. Only on recommendation D. It depends on the situation
Answer: B. No
Q. What parliamentary device is often considered the liveliest part of the sitting in both Houses?
A. Zero Hour B. Adjournment Motion C. Question Hour D. No-Confidence Motion
Answer: C. Question Hour
Q. What parliamentary device is used by members to raise all types of questions without any permission or prior notice?
A. Question Hour B. Adjournment Motion C. Zero Hour D. No-Confidence Motion
Answer: C. Zero Hour
Q. Which parliamentary device proposes that the House should lay aside all other business and take up the consideration of “a matter of urgent public importance?”
A. Zero Hour B. Question Hour C. No-Confidence Motion D. Adjournment Motion
Answer: D. Adjournment Motion
Q. When a motion for the reduction of a demand of grant is moved, what is under consideration?
A. No-Confidence Motion B. The Budget C. The Adjournment Motion D. The Question Hour
Answer: B. The Budget
Q. Which motion, when passed, requires the Government to resign?
A. Adjournment Motion B. No-Confidence Motion C. Zero Hour D. Question Hour
Answer: B. No-Confidence Motion
Q. In what year did Prime Minister Atal Bihari Vajpayee resign due to a lost vote of confidence?
A. 2001 B. 2003 C. 1999 D. 2005
Answer: C. 1999
Q. What does “defection” refer to in the context of parliamentary politics?
A. Resigning from the government B. Joining another party or group C. Forming a new political party D. Voting against a No-Confidence Motion
Answer: B. Joining another party or group
Q. According to the Anti-Defection Act, what happens to a member who gives up the membership of their party or votes against any direction issued by their party?
A. They are promoted B. They are disqualified from being a member of the House C. They are given a warning D. Nothing happens
Answer: B. They are disqualified from being a member of the House
Q. What Act nullified the provisions of the Anti-Defection Act which allowed a split in political parties?
A. 95th Amendment Act B. 90th Amendment Act C. 91st Amendment Act D. 92nd Amendment Act
Answer: C. 91st Amendment Act
Q. Under the 91st Amendment Act, what penalty is imposed on defectors?
A. They lose membership of the House and are debarred from holding any public office B. They are given a warning C. They are fined D. They are promoted
Answer: A. They lose membership of the House and are debarred from holding any public office
Q. How is the Republic of India described in terms of its political organization?
A. Federation B. Confederation C. Union D. Autonomous regions
Answer: C. Union
Q. How many states are part of the Indian Union as of the provided data?
A. 26 B. 29 C. 27 D. 31
Answer: B. 29
Q. What kind of legislature does Delhi have despite being a Union Territory?
A. Bicameral B. Unicameral C. No legislature D. Tri-cameral
Answer: A. Bicameral
Q. Which one of the following states does not have a bicameral legislature?
A. Andhra Pradesh B. Telangana C. Bihar D. Goa
Answer: D. Goa
Q. What is the maximum number of members that can be in a Legislative Assembly?
A. 600 B. 500 C. 400 D. 700
Answer: B. 500
Q. What is the term of the Legislative Assembly?
A. 6 years B. 4 years C. 5 years D. 7 years
Answer: C. 5 years
Q. What is the maximum number of members that can be in a Legislative Council?
A. One-third of the Legislative Assembly B. Half of the Legislative Assembly C. Same as the Legislative Assembly D. Double the Legislative Assembly
Answer: A. One-third of the Legislative Assembly
Q. What is the minimum age requirement to be a member of the Legislative Council?
A. 25 years B. 30 years C. 35 years D. 40 years
Answer: B. 30 years
Q. What happens to a state law passed on a matter specified in the Concurrent List if the Parliament also passes a law on the same subject?
A. The state law prevails B. The state law becomes inoperative C. Both laws are applied D. The matter goes to the Supreme Court
Answer: B. The state law becomes inoperative
Q. When can Parliament frame laws with respect to any matter in the State List?
A. When the Lok Sabha approves B. When the Rajya Sabha approves by a two-thirds majority C. During a Proclamation of Emergency D. Both B and C
Answer: D. Both B and C
Q. Who exercises the powers of the State Legislature in case of a failure of the Constitutional machinery in a State?
A. The Prime Minister B. The President C. The Parliament D. The Judiciary
Answer: C. The Parliament
Q. Which entity has the exclusive power to originate Money Bills in a State?
A. The State Governor B. The State Judiciary C. The State Council D. The Legislative Assembly
Answer: D. The Legislative Assembly
Q. What happens if the Legislative Assembly passes a No-Confidence Motion against the Government?
A. The Government is suspended B. The Government has to resign C. The President intervenes D. A new Government is elected
Answer: B. The Government has to resign
Q. Who can initiate an amendment of the Constitution?
A. The Judiciary B. The State Legislature C. The President D. The Parliament
Answer: D. The Parliament
Q. When does an Amendment to the Constitution require ratification by the State Legislatures?
A. When it affects the Union Parliament B. When it changes specified Articles C. When it affects the President’s powers D. When it changes fundamental rights
Answer: B. When it changes specified Articles
Q. Who is responsible to the Legislative Assembly?
A. The President B. The Judiciary C. The Ministers D. The Governor
Answer: C. The Ministers
Q. Which entity exercises control over the State finances?
A. The State Judiciary B. The State Executive C. The State Legislature D. The President
Answer: C. The State Legislature
Q. Who is required to resign if the Legislative Assembly passes a No-Confidence Motion?
A. The President B. The Governor C. The Prime Minister D. The Government
Answer: D. The Government
Q. Who is elected by an Electoral College composed of elected members of both Houses of Parliament and elected members of Legislative Assemblies?
A. The Prime Minister B. The President C. The Chief Justice D. The Governor
Answer: B. The President
Q. What does ‘rule of law’ mean in context of state and citizens?
A. Absence of arbitrary powers B. Law of the land C. Judicial review D. Power of judiciary
Answer: A. Absence of arbitrary powers
Q. According to the text, who should not discriminate against any citizen?
A. Judiciary B. Legislature C. Executive D. The State
Answer: D. The State
Q. What does an independent judiciary mean?
A. Legislature free Judiciary B. Executive free Judiciary C. Both A and B D. None of the above
Answer: C. Both A and B
Q. Who should not be easily dismissible according to the concept of an independent judiciary?
A. The State B. The Legislature C. The Executive D. Judges
Answer: D. Judges
Q. What is the primary role of the Judiciary?
A. Interpreting the law B. Settling disputes C. Punishing criminals D. None of the above
Answer: B. Settling disputes
Q. The Judiciary safeguards the rights of who?
A. The State B. The Citizens C. The Executive D. The Legislature
Answer: B. The Citizens
Q. What must not be varied to the disadvantage of judges during their term of office?
A. Power B. Salaries, allowances, and other benefits C. Respect D. None of the above
Answer: B. Salaries, allowances, and other benefits
Q. Who interprets the Constitution in India?
A. The State B. The Legislature C. The Supreme Court and High Courts D. The Executive
Answer: C. The Supreme Court and High Courts
Q. The disputes between whom are settled by the Supreme Court?
A. Between private groups or individuals B. Between the Government and individuals C. Between the Centre and States or between States themselves D. All of the above
Answer: C. Between the Centre and States or between States themselves
Q. Who said, “If the lamp of justice goes out in darkness, how great is that darkness”?
A. Lord Denning B. Lord Bryce C. Justice K.G. Balakrishnan D. Justice P.N. Bhagwati
Answer: B. Lord Bryce
Q. What does the ‘rule of law’ mean?
A. Arbitrary power B. Equal protection C. Executive power D. Legislative power
Answer: B. Equal protection
Q. What is crucial for the rule of law regarding judges?
A. They should be easily dismissible B. They should not be easily dismissible C. They should have limited term of office D. They should not interpret the law
Answer: B. They should not be easily dismissible
Q. The Judiciary is independent of whom?
A. Citizens B. Legislature C. Executive D. Both B and C
Answer: D. Both B and C
Q. Which Court settles disputes between the Centre and States in India?
A. District Court B. High Court C. Supreme Court D. Session Court
Answer: C. Supreme Court
Q. What does the Judiciary safeguard?
A. Executive Powers B. Legislative Powers C. Fundamental Rights D. State Boundaries
Answer: C. Fundamental Rights
Q. The Judiciary does not discriminate against any citizen on the grounds of what?
A. Age B. Education C. Religion D. Occupation
Answer: C. Religion
Q. Who punishes the criminals?
A. The Executive B. The Legislature C. The Judiciary D. The State
Answer: C. The Judiciary
Q. Who said, “If the lamp of justice goes out in darkness, how great is that darkness”?
A. Mahatma Gandhi B. Martin Luther King Jr. C. Lord Bryce D. Jawaharlal Nehru
Answer: C. Lord Bryce
Q. What should not vary to the disadvantage of judges during their term of office?
A. Their powers B. Their duties C. Their salaries D. Their legal immunity
Answer: C. Their salaries
Q. Who resolves disputes between different parties?
A. The Executive B. The Legislature C. The Judiciary D. The Police
Answer: C. The Judiciary
Q. Who is responsible for appointing the Judges of the Supreme Court in India?
A. Chief Justice of India B. Prime Minister C. President D. Parliament
Answer: C. President
Q. To whom must the President consult while appointing a Judge other than the Chief Justice?
A. Prime Minister B. Speaker of Lok Sabha C. President of India D. Chief Justice of India
Answer: D. Chief Justice of India
Q. What is the retirement age of a Supreme Court Judge in India?
A. 60 years B. 62 years C. 65 years D. 70 years
Answer: C. 65 years
Q. On what grounds can a Supreme Court or High Court judge be removed in India?
A. Personal Bias B. Political Influence C. Proved Misbehaviour or Incapacity D. Retirement
Answer: C. Proved Misbehaviour or Incapacity
Q. From what fund are the salaries of the Supreme Court Judges charged in India?
A. State Consolidated Fund B. Prime Minister Relief Fund C. Central Consolidated Fund D. National Judicial Fund
Answer: C. Central Consolidated Fund
Q. Can the salaries of the judges be reduced?
A. Yes, anytime B. No, never C. Only during the financial emergency D. Only on grounds of misbehaviour
Answer: C. Only during the financial emergency
Q. When can a discussion about the conduct of a judge take place in the Parliament?
A. Whenever a member raises the issue B. During the impeachment process C. When the judiciary allows it D. Never
Answer: B. During the impeachment process
Q. Who has the power to punish for contempt of court in India?
A. The President B. The Parliament C. The Supreme Court and the High Court D. The Police
Answer: C. The Supreme Court and the High Court
Q. Whose consultation is required for transferring a judge from one High Court to another?
A. Prime Minister B. President C. Chief Justice of India and four seniormost judges of Supreme Court D. Speaker of Lok Sabha
Answer: C. Chief Justice of India and four seniormost judges of Supreme Court
Q. What is the “most sacred obligation of the judge” as per Justice Krishna Iyer?
A. To maintain law and order B. To dispense justice to the downtrodden section of the country C. To uphold the Constitution D. To resist political pressures
Answer: B. To dispense justice to the downtrodden section of the country
Q. How many judges were there in the Supreme Court of India at the commencement of the Constitution?
A. Five B. Ten C. Eight D. Twelve
Answer: C. Eight
Q. What act increased the maximum number of judges in the Supreme Court of India?
A. Act of 1973 B. Act of 2008 C. Act of 1998 D. Act of 1985
Answer: B. Act of 2008
Q. Where is the Seat of the Supreme Court of India?
A. Mumbai B. Chennai C. Kolkata D. Delhi
Answer: D. Delhi
Q. Which Chief Justice was appointed by superseding three senior colleagues?
A. A. K. Ray B. A. N. Ray C. A. P. Ray D. A. L. Ray
Answer: B. A. N. Ray
Q. The Chief Justice of India’s recommendations on appointment of judges are not binding on the Government if they were made without consulting which of the following?
A. Two seniormost judges of the Supreme Court B. Three seniormost judges of the Supreme Court C. Four seniormost judges of the Supreme Court D. Five seniormost judges of the Supreme Court
Answer: C. Four seniormost judges of the Supreme Court
Q. A Judge of the Supreme Court must have served as a Judge of a High Court for at least how many years?
A. Three B. Five C. Seven D. Ten
Answer: B. Five
Q. Who administers the Oath of Office for a Supreme Court Judge?
A. The Chief Justice of India B. The Prime Minister C. The Speaker of the House D. The President of India
Answer: D. The President of India
Q. On what grounds can a Judge of the Supreme Court be removed from office?
A. Dissatisfaction from the President B. “Proved misbehaviour or incapacity” C. Dissatisfaction from the Parliament D. Retirement or voluntary resignation
Answer: B. “Proved misbehaviour or incapacity”
Q. What type of majority is needed in each House of Parliament for a Judge of the Supreme Court to be removed?
A. Simple majority B. Absolute majority C. Special majority D. Double majority
Answer: C. Special majority
Q. What does “proved misbehaviour or incapacity” mean in the context of the removal of a Supreme Court Judge?
A. Failure to meet work deadlines B. Dereliction of duty C. Thorough examination of an allegation by an impartial tribunal D. Violation of the Code of Conduct
Answer: C. Thorough examination of an allegation by an impartial tribunal
Q. What type of jurisdiction allows the Supreme Court to hear and decide cases in the first instance?
A. Appellate Jurisdiction B. Advisory Jurisdiction C. Original Jurisdiction D. Limited Jurisdiction
Answer: C. Original Jurisdiction
Q. What type of jurisdiction does the Supreme Court have over disputes between two or more States?
A. Shared Jurisdiction B. Advisory Jurisdiction C. Original Jurisdiction D. Appellate Jurisdiction
Answer: C. Original Jurisdiction
Q. What jurisdiction does the Supreme Court use when it changes the decision or reduces the sentence passed by lower courts?
A. Original Jurisdiction B. Advisory Jurisdiction C. Constitutional Jurisdiction D. Appellate Jurisdiction
Answer: D. Appellate Jurisdiction
Q. Who can bring suits for the enforcement of Fundamental Rights to the Supreme Court?
A. Private individuals B. State Governments C. Foreign Governments D. International Organizations
Answer: A. Private individuals
Q. In constitutional cases, whose interpretation of the Constitution is final?
A. The President B. The Parliament C. The High Court D. The Supreme Court
Answer: D. The Supreme Court
Q. In which cases can an appeal lie to the Supreme Court without a Certificate of the High Court?
A. Civil Cases B. Constitutional Cases C. Criminal Matters D. Advisory Matters
Answer: C. Criminal Matters
Q. In case of disputes between the Union and any State on one side and other States on the other, which court has ‘exclusive jurisdiction’?
A. High Court B. Supreme Court C. Sessions Court D. District Court
Answer: B. Supreme Court
Q. What is required for a civil matter to be appealed to the Supreme Court?
A. Lower Court’s Permission B. High Court’s Certificate C. Union Government’s Approval D. President’s Consent
Answer: B. High Court’s Certificate
Q. Which court has the power to interpret the Constitution and issue Writs for the enforcement of Fundamental Rights?
A. High Court B. Supreme Court C. District Court D. Both A and B
Answer: D. Both A and B
Q. What kind of cases are not eligible for the Special Leave to Appeal in the Supreme Court?
A. Civil cases B. Criminal cases C. Income-tax cases D. Cases relating to the Armed Forces
Answer: D. Cases relating to the Armed Forces
Q. Who can consult the Supreme Court for its opinion on a question of law or fact?
A. Prime Minister B. President C. Chief Justice D. Attorney General
Answer: B. President
Q. The advisory opinion of the Supreme Court is binding on whom?
A. President B. Other courts C. Both President and Other courts D. None
Answer: D. None
Q. Who can move the Supreme Court for the enforcement of Fundamental Rights?
A. Government officials B. Only the President C. Any citizen D. Members of Parliament
Answer: C. Any citizen
Q. Which writ issued by the Supreme Court is a command to perform a public or statutory duty? A. Habeas Corpus B. Mandamus C. Prohibition D. Quo Warranto
Answer: B. Mandamus
Q. What is the status of the Supreme Court’s judgements when they are produced before any court?
A. Can be questioned B. Not to be questioned C. Can be modified D. Can be rejected
Answer: B. Not to be questioned
Q. The judgements of the Supreme Court are in the nature of what?
A. Suggestions B. Precedents C. Recommendations D. Predictions
Answer: B. Precedents
Q. What power does the Supreme Court hold being a Court of Record?
A. To change laws B. To punish contempt of itself C. To pass bills D. To appoint judges
Answer: B. To punish contempt of itself
Q. The Supreme Court does not have an obligation to express any opinion on the questions submitted to it by whom?
A. High Court B. President C. Prime Minister D. Attorney General
Answer: B. President
Q. Which writ issued by the Supreme Court requires a person to show the authority they have for exercising a certain right, power, or franchise?
A. Habeas Corpus B. Mandamus C. Prohibition D. Quo Warranto
Answer: D. Quo Warranto
Q. What is the role of the Supreme Court in the context of Judicial Review?
A. Executor B. Interpreter C. Legislator D. Guardian
Answer: B. Interpreter, D. Guardian
Q. What does the term ‘Judicial Activism’ imply?
A. Legislative action B. Executive action C. Judicial restraint D. Judicial overreach
Answer: D. Judicial overreach
Q. What led to the rise of Judicial Activism in India?
A. PIL B. Executive inaction C. Legislative failure D. All of the above
Answer: D. All of the above
Q. What was the Supreme Court’s reaction to the dismissal of income-tax arrear charges against Lalu Yadav and his wife, Smt. Rabri Devi?
A. Approval B. Indifference C. Exception D. Support
Answer: C. Exception
Q. What was the traditional rule of ‘locus standi’?
A. Any person could seek a remedy B. Only those who suffered a legal wrong could seek a remedy C. Only the government could seek a remedy D. Only the judiciary could seek a remedy
Answer: B. Only those who suffered a legal wrong could seek a remedy
Q. Who can move the court on behalf of the poor and oppressed according to the relaxed rule of ‘locus standi’?
A. Government officials B. Judiciary members C. Any public-spirited individual or institution D. Only the victims themselves
Answer: C. Any public-spirited individual or institution
Q. What led to the relaxation of the rule of ‘locus standi’?
A. Public Interest Litigation (PIL) B. Judicial Activism C. Constitutional Amendment D. Legislative Reformation
Answer: A. Public Interest Litigation (PIL)
Q. Which state’s jail was highlighted for blinding prisoners, as an example of how PIL helped the poor?
A. Uttar Pradesh B. Bihar C. Madhya Pradesh D. West Bengal
Answer: B. Bihar
Q. What was one of the abuses highlighted by PIL regarding children?
A. Child labour B. Child trafficking C. Inhuman conditions in juvenile institutions D. Child marriage
Answer: C. Inhuman conditions in juvenile institutions
Q. Which sections of society were highlighted as victims of police brutality in the context of PIL?
A. Religious minorities B. Women C. SCs and tribals D. Political activists
Answer: C. SCs and tribals
Q. How many High Courts are present in India?
A. 22 B. 24 C. 26 D. 28
Answer: B. 24
Q. Which High Court in India has jurisdiction over the most number of states?
A. Chandigarh High Court B. Bombay High Court C. Guwahati High Court D. Hyderabad High Court
Answer: C. Guwahati High Court
Q. Which High Court was established for the States of Manipur, Meghalaya, and Tripura in March 2013?
A. Guwahati High Court B. Chandigarh High Court C. Separate High Courts D. Bombay High Court
Answer: C. Separate High Courts
Q. Which is the common High Court for the states of Telangana and Andhra Pradesh?
A. Bombay High Court B. Hyderabad High Court C. Chandigarh High Court D. Guwahati High Court
Answer: B. Hyderabad High Court
Q. Among the Union Territories, which has a High Court?
A. Andaman and Nicobar Islands B. Lakshadweep C. Delhi D. Chandigarh
Answer: C. Delhi
Q. Who appoints the Chief Justice of the High Court in India?
A. Prime Minister B. President C. Governor D. Chief Justice of the Supreme Court
Answer: B. President
Q. What is the age of retirement for a High Court judge in India?
A. 60 B. 62 C. 65 D. 68
Answer: B. 62
Q. Which Amendment Act omitted the qualification of “a distinguished Jurist” for a High Court Judge?
A. 40th Amendment Act B. 42nd Amendment Act C. 44th Amendment Act D. 46th Amendment Act Answer: C. 44th Amendment Act
Q. Before making any recommendation for the appointment of the Chief Justice of the High Court, who should the Chief Justice of India consult?
A. President of India B. Two senior-most judges of the Supreme Court C. Governor of the concerned State D. The existing Chief Justice of the High Court
Answer: B. Two senior-most judges of the Supreme Court
Q. What ground is stated for the removal of a High Court judge in India?
A. Age B. Misbehaviour or incapacity C. Inactivity D. Conflict of Interest
Answer: B. Misbehaviour or incapacity
Q. Who administers the Oath of Office to a Judge of a High Court?
A. President B. Chief Justice C. Governor D. Parliament
Answer: C. Governor
Q. The Oath of Office for a Judge of a High Court requires him to uphold what?
A. State Laws B. The Constitution of India C. Judiciary Laws D. Parliament Laws
Answer: B. The Constitution of India
Q. Who determines the salaries of High Court Judges?
A. The State Legislature B. The Governor C. The Parliament D. The President
Answer: C. The Parliament
Q. Salaries and allowances of High Court Judges are charged on which fund?
A. State Development Fund B. Consolidated Fund of the State C. Central Education Fund D. Health and Welfare Fund
Answer: B. Consolidated Fund of the State
Q. Who has the authority to transfer a Judge from one High Court to any other High Court?
A. Governor B. Chief Justice of India C. President D. Parliament
Answer: C. President
Q. The recommendation for the transfer of a Judge must be made in consultation with how many seniormost Judges of the Supreme Court of India?
A. Two B. Three C. Four D. Five
Answer: C. Four
Q. Which High Court had the original jurisdiction in all civil and criminal cases related to Christians and Parsees before the commencement of the Constitution?
A. Delhi B. Calcutta C. Bombay and Madras D. Allahabad
Answer: C. Bombay and Madras
Q. What power was removed from the High Courts of Bombay and Madras in 1973?
A. Original jurisdiction in civil cases B. Appellate jurisdiction C. Original jurisdiction in criminal cases D. Power to issue writs
Answer: C. Original jurisdiction in criminal cases
Q. Every High Court has the power to interpret what?
A. State laws B. Parliament laws C. The Constitution D. Common laws
Answer: C. The Constitution
Q. What types of cases fall under the appellate jurisdiction of High Courts?
A. Civil and criminal cases B. Only civil cases C. Only criminal cases D. None of the above
Answer: A. Civil and criminal cases
Q. Who confirms the sentence of death before it can be carried out?
A. District Judge B. Sessions Judge C. High Court D. Supreme Court
Answer: C. High Court
Q. Which Court’s writ jurisdiction is wider, the Supreme Court or the High Court?
A. Supreme Court B. High Court C. Both have the same jurisdiction D. None of the above
Answer: B. High Court
Q. What is the High Court in the context of being a “Court of Record”?
A. Court of Appeal B. Lower Court C. Court of Record D. None of the above
Answer: C. Court of Record
Q. Who makes the appointment, posting, and promotion of District Judges?
A. The High Court alone B. The Governor alone C. The Governor in consultation with the High Court D. None of the above
Answer: C. The Governor in consultation with the High Court
Q. Does the law laid down by a High Court bind other High Courts?
A. Yes B. No C. Sometimes D. None of the above
Answer: B. No
Q. Can the High Court issue writs for enforcement of all legal rights?
A. Yes B. No C. Only Fundamental Rights D. None of the above
Answer: A. Yes
Q. Can the High Court punish a person for contempt of court?
A. Yes B. No C. Only in certain cases D. None of the above
Answer: A. Yes
Q. Who has the power to exercise judicial review of laws and orders issued by Executive officials?
A. District Court B. High Court C. Sessions Court D. None of the above
Answer: B. High Court
146. Do the High Courts have the power of superintendence over all the courts within their territorial jurisdiction?
A. Yes B. No C. Only over some courts D. None of the above
Answer: A. Yes
