The Jan 23rd Static Quiz on Polity (Judiciary)
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The Jan 23rd Static Quiz on Polity (Judiciary)
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- Question 1 of 10
1. Question
Which of the following statements about Indian Judiciary are correct?
1. The Indian judicial system is a single integrated system.
2. The Indian Judiciary administers a common law system in which customs, securities and legislation, all codify the law of the land.
3. The main function of the judiciary is to interpret and apply laws to cases.CorrectAns;- d) All of the above
Explanation;-
• All the statements are correct.
About Indian Judiciary
• The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens.
• The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution.
• For democracy to function effectively, it is imperative to have an impartial and independent judiciary.
• It means that the other branches of the government, namely, the executive and the legislature, does not interfere with the judiciary’s functioning.
• The judiciary’s decision is respected and not interfered with by the other organs.
• It also means that judges can perform their duties without fear or favour.
• Independence of the judiciary also does not mean that the judiciary functions arbitrarily and without any accountability.
• It is accountable to the Constitution of the country.
• India has a single integrated judicial system.
• The judiciary in India has a pyramidal structure with the Supreme Court (SC) at the top.
• High Courts are below the SC, and below them are the district and subordinate courts.
• The lower courts function under the direct superintendence of the higher courts.
• The diagram below gives the structure and organisation of the judicial system in the country.
IncorrectAns;- d) All of the above
Explanation;-
• All the statements are correct.
About Indian Judiciary
• The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens.
• The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution.
• For democracy to function effectively, it is imperative to have an impartial and independent judiciary.
• It means that the other branches of the government, namely, the executive and the legislature, does not interfere with the judiciary’s functioning.
• The judiciary’s decision is respected and not interfered with by the other organs.
• It also means that judges can perform their duties without fear or favour.
• Independence of the judiciary also does not mean that the judiciary functions arbitrarily and without any accountability.
• It is accountable to the Constitution of the country.
• India has a single integrated judicial system.
• The judiciary in India has a pyramidal structure with the Supreme Court (SC) at the top.
• High Courts are below the SC, and below them are the district and subordinate courts.
• The lower courts function under the direct superintendence of the higher courts.
• The diagram below gives the structure and organisation of the judicial system in the country. - Question 2 of 10
2. Question
The writ jurisdiction of the Supreme Court of India under Article 32 of the Constitution of India is not wider than that of the writ jurisdiction of the High Courts under Article 226 because the High Courts may exercise this power in relation to:
CorrectAns;- b) Fundamental and other legal rights
Explanation;-
• Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights. Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court and High Court against the violation of his/her fundamental rights.
• The same article gives the Supreme Court power to issue writs for the enforcement of rights whereas the High Court has the same power under Article 226.
IncorrectAns;- b) Fundamental and other legal rights
Explanation;-
• Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights. Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court and High Court against the violation of his/her fundamental rights.
• The same article gives the Supreme Court power to issue writs for the enforcement of rights whereas the High Court has the same power under Article 226. - Question 3 of 10
3. Question
Which of the following are the functions of Indian Judiciary?
1. Guardian of the Constitution
2. Protector of Fundamental Rights
3. Conducting judicial enquiriesCorrectAns;- d) All of the above
Explanation;-
• All are correct about Indian Judiciary
• The functions of the judiciary in India are:-
1. Administration of justice: The chief function of the judiciary is to apply the law to specific cases or in settling disputes. When a dispute is brought before the courts it ‘determines the facts’ involved through evidence presented by the contestants. The law then proceeds to decide what law is applicable to the case and applies it. If someone is found guilty of violating the law in the course of the trial, the court will impose a penalty on the guilty person.
2. Creation of judge-case law: In many cases, the judges are not able to, or find it difficult to select the appropriate law for application. In such cases, the judges decide what the appropriate law is on the basis of their wisdom and common sense. In doing so, judges have built up a great body of ‘judge-made law’ or ‘case law.’ As per the doctrine of ‘stare decisis’, the previous decisions of judges are generally regarded as binding on later judges in similar cases.
3. Guardian of the Constitution: The highest court in India, the SC, acts as the guardian of the Constitution. The conflicts of jurisdiction between the central government and the state governments or between the legislature and the executive are decided by the court. Any law or executive order which violates any provision of the constitution is declared unconstitutional or null and void by the judiciary. This is called ‘judicial review.’ Judicial review has the merit of guaranteeing the fundamental rights of individuals and ensuring a balance between the union and the units in a federal state.
4. Protector of Fundamental Rights: The judiciary ensures that people’s rights are not trampled upon by the State or any other agency. The superior courts enforce Fundamental Rights by issuing writs.
5. Supervisory functions: The higher courts also perform the function of supervising the subordinate courts in India.
6. Advisory functions: The SC in India performs an advisory function as well. It can give its advisory opinions on constitutional questions. This is done in the absence of disputes and when the executive so desires.
7. Administrative functions: Some functions of the courts are non-judicial or administrative in nature. The courts may grant certain licenses, administer the estates (property) of deceased persons and appoint receivers. They register marriages, appoint guardians of minor children and lunatics.
8. Special role in a federation: In a federal system like India’s, the judiciary also performs the important task of settling disputes between the centre and states. It also acts as an arbiter of disputes between states.
9. Conducting judicial enquiries: Judges normally are called to head commissions that enquire into cases of errors or omissions on the part of public servants.IncorrectAns;- d) All of the above
Explanation;-
• All are correct about Indian Judiciary
• The functions of the judiciary in India are:-
1. Administration of justice: The chief function of the judiciary is to apply the law to specific cases or in settling disputes. When a dispute is brought before the courts it ‘determines the facts’ involved through evidence presented by the contestants. The law then proceeds to decide what law is applicable to the case and applies it. If someone is found guilty of violating the law in the course of the trial, the court will impose a penalty on the guilty person.
2. Creation of judge-case law: In many cases, the judges are not able to, or find it difficult to select the appropriate law for application. In such cases, the judges decide what the appropriate law is on the basis of their wisdom and common sense. In doing so, judges have built up a great body of ‘judge-made law’ or ‘case law.’ As per the doctrine of ‘stare decisis’, the previous decisions of judges are generally regarded as binding on later judges in similar cases.
3. Guardian of the Constitution: The highest court in India, the SC, acts as the guardian of the Constitution. The conflicts of jurisdiction between the central government and the state governments or between the legislature and the executive are decided by the court. Any law or executive order which violates any provision of the constitution is declared unconstitutional or null and void by the judiciary. This is called ‘judicial review.’ Judicial review has the merit of guaranteeing the fundamental rights of individuals and ensuring a balance between the union and the units in a federal state.
4. Protector of Fundamental Rights: The judiciary ensures that people’s rights are not trampled upon by the State or any other agency. The superior courts enforce Fundamental Rights by issuing writs.
5. Supervisory functions: The higher courts also perform the function of supervising the subordinate courts in India.
6. Advisory functions: The SC in India performs an advisory function as well. It can give its advisory opinions on constitutional questions. This is done in the absence of disputes and when the executive so desires.
7. Administrative functions: Some functions of the courts are non-judicial or administrative in nature. The courts may grant certain licenses, administer the estates (property) of deceased persons and appoint receivers. They register marriages, appoint guardians of minor children and lunatics.
8. Special role in a federation: In a federal system like India’s, the judiciary also performs the important task of settling disputes between the centre and states. It also acts as an arbiter of disputes between states.
9. Conducting judicial enquiries: Judges normally are called to head commissions that enquire into cases of errors or omissions on the part of public servants. - Question 4 of 10
4. Question
In India single system of courts is adopted from which of the folloiwng acts?
CorrectAns;- d) The Government of Inida Act 1935
Explanation;-
• The Constitution of India provides for a single integrated judiciary with the Supreme Court at the apex of judicial system.
• The single system of courts, adopted from the Government of India Act 1935, enforces both central laws as well as state laws.
• The Constitution of India has established an integrated judicial system with the Supreme Court at the top and the high courts below it.
• The Supreme Court of India is the guardian of Indian Constitution. It was inaugurated on January 28, 1950.
• It succeeded the Federal court of India established under the Government of India Act of 1935. Articles 124 to 147 in Part V of the constitution deal with the organization, independence, jurisdiction, powers and procedures so on of the Supreme Court.IncorrectAns;- d) The Government of Inida Act 1935
Explanation;-
• The Constitution of India provides for a single integrated judiciary with the Supreme Court at the apex of judicial system.
• The single system of courts, adopted from the Government of India Act 1935, enforces both central laws as well as state laws.
• The Constitution of India has established an integrated judicial system with the Supreme Court at the top and the high courts below it.
• The Supreme Court of India is the guardian of Indian Constitution. It was inaugurated on January 28, 1950.
• It succeeded the Federal court of India established under the Government of India Act of 1935. Articles 124 to 147 in Part V of the constitution deal with the organization, independence, jurisdiction, powers and procedures so on of the Supreme Court. - Question 5 of 10
5. Question
Which of the folllowing differnce w.r.t to High Court and Supreme Court are correct?
1. The Judges of the High Court are appointed by the President in consultation with the Chief Justice of India
2. According to the Constitution of India, every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand and sea
3. Judges of the High Court retire at the age of 62 years
4. A Supreme Court judge retires at the age of 65 yearsCorrectAns;- d) All of the above
Explanation;-
• All the statements are correct.
• Differences between the High Court and the Supreme Court
IncorrectAns;- d) All of the above
Explanation;-
• All the statements are correct.
• Differences between the High Court and the Supreme Court
- Question 6 of 10
6. Question
Which of the following statements about National Judicial Appointments Commission Act 2014 (NJAC) are correct?
1. The 1993 judgment was the basis on which a five-judge Constitution Bench declared the National Judicial Appointments Commission Act
2. The Commission was established by amending the Constituion of india through the ninety-eighth constitution amendment
3. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.CorrectAns;- d) All of the above
Explanation;-
• All the statements are correct.
About National Judicial Appointment Commission Act, 2014
• The 1993 judgment was the basis on which a five-judge Constitution Bench declared the National Judicial Appointments Commission Act (NJAC) and the Constitutional (Ninety-Nine Amendment) Act, 2014 unconstitutional in October 2015.
• NJAC too would recommend names for the Appointment of Supreme Court Judge and Appointment and Transfer of High Court Judge
• Composition of NJAC
• The Chief Justice of India
• 2 senior-most judges of the Supreme Court
• The Law Minister of India
• 2 eminent members that are chosen by the Selection CommitteeIncorrectAns;- d) All of the above
Explanation;-
• All the statements are correct.
About National Judicial Appointment Commission Act, 2014
• The 1993 judgment was the basis on which a five-judge Constitution Bench declared the National Judicial Appointments Commission Act (NJAC) and the Constitutional (Ninety-Nine Amendment) Act, 2014 unconstitutional in October 2015.
• NJAC too would recommend names for the Appointment of Supreme Court Judge and Appointment and Transfer of High Court Judge
• Composition of NJAC
• The Chief Justice of India
• 2 senior-most judges of the Supreme Court
• The Law Minister of India
• 2 eminent members that are chosen by the Selection Committee - Question 7 of 10
7. Question
Which of the following statements are correct related to appointment of supreme court judges?
1. Every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand .
2. The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.
3. This discretion of the government was curtailed by the Supreme Court in the third Judges Case (1993), in which the Supreme Court ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the Chief Justice of India.CorrectAns;- a) Only 1 and 2
Explanation;-
• All the statements are correct.
Appointment of Judges
• The judges of the Supreme Court are appointed by the President. The CJI is appointed by the President after consultation with such judges of the Supreme Court and high courts as he deems necessary.
• The other judges are appointed by the President after consultation with the CJI and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.
• Appointment of Chief Justice From 1950 to 1973: The practice has been to appoint the senior most judge of the Supreme Court as the chief justice of India.
• This established convention was violated in 1973 when A N Ray was appointed as the Chief Justice of India by superseding three senior judges.
• Again in 1977, M U Beg was appointed as the chief justice of India by superseding the then senior-most judge.
• This discretion of the government was curtailed by the Supreme Court in the Second Judges Case (1993), in which the Supreme Court ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the Chief Justice of India.IncorrectAns;- a) Only 1 and 2
Explanation;-
• All the statements are correct.
Appointment of Judges
• The judges of the Supreme Court are appointed by the President. The CJI is appointed by the President after consultation with such judges of the Supreme Court and high courts as he deems necessary.
• The other judges are appointed by the President after consultation with the CJI and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.
• Appointment of Chief Justice From 1950 to 1973: The practice has been to appoint the senior most judge of the Supreme Court as the chief justice of India.
• This established convention was violated in 1973 when A N Ray was appointed as the Chief Justice of India by superseding three senior judges.
• Again in 1977, M U Beg was appointed as the chief justice of India by superseding the then senior-most judge.
• This discretion of the government was curtailed by the Supreme Court in the Second Judges Case (1993), in which the Supreme Court ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the Chief Justice of India. - Question 8 of 10
8. Question
Which of the following statements about Collegium system are correct?
1. Collegium system was born through “two judges case”
2. It is used for appointments and transfers of judges in High courts and Supreme Courts.
3. There is mention of the Collegium in the original Constitution of IndiaCorrectAns;- d) Only 2
Explanation;-
• The 1st and 3rd statements are incorrect.
About Collegium System
• Collegium system was born through “three judges case” and it is in practice since 1998. It is used for appointments and transfers of judges in High courts and Supreme Courts.
• There is no mention of the Collegium either in the original Constitution of India or in successive amendmentsAbout Working of Collegium System and NJAC
• The collegium recommends of the names of lawyers or judges to the Central Government. Similarly, the Central Government also sends some of its proposed names to the Collegium.
• Collegium considers the names or suggestions made by the Central Government and resends the file to the government for final approval.
• If the Collegium resends the same name again then the government has to give its assent to the names. But time limit is not fixed to reply. This is the reason that appointment of judges takes a long time.
• Through the 99th Constitutional Amendment Act, 2014 the National Judicial Commission Act (NJAC) was established to replace the collegium system for the appointment of judges.
• However, the Supreme Court upheld the collegium system and struck down the NJAC as unconstitutional on the grounds that the involvement of Political Executive in judicial appointment was against the “Principles of Basic Structure”. I.e. the “Independence of Judiciary”.IncorrectAns;- d) Only 2
Explanation;-
• The 1st and 3rd statements are incorrect.
About Collegium System
• Collegium system was born through “three judges case” and it is in practice since 1998. It is used for appointments and transfers of judges in High courts and Supreme Courts.
• There is no mention of the Collegium either in the original Constitution of India or in successive amendmentsAbout Working of Collegium System and NJAC
• The collegium recommends of the names of lawyers or judges to the Central Government. Similarly, the Central Government also sends some of its proposed names to the Collegium.
• Collegium considers the names or suggestions made by the Central Government and resends the file to the government for final approval.
• If the Collegium resends the same name again then the government has to give its assent to the names. But time limit is not fixed to reply. This is the reason that appointment of judges takes a long time.
• Through the 99th Constitutional Amendment Act, 2014 the National Judicial Commission Act (NJAC) was established to replace the collegium system for the appointment of judges.
• However, the Supreme Court upheld the collegium system and struck down the NJAC as unconstitutional on the grounds that the involvement of Political Executive in judicial appointment was against the “Principles of Basic Structure”. I.e. the “Independence of Judiciary”. - Question 9 of 10
9. Question
Which of the following statements are correct about the qualifications of judges ?
1. He should be a citizen of India.
2. He should be a distinguished jurist in the opinion of the president.
3. The Constitution has prescribed a minimum age for appointment as a judge of the Supreme Court.CorrectAns;- b) Only 1 and 2
Explanation;-
About Qualifications of Judges
• A person to be appointed as a judge of the Supreme Court should have the following qualifications:
• He should be a citizen of India.
• He should have been a judge of a High Court (or high courts in succession) for five years; or
• He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
• He should be a distinguished jurist in the opinion of the president.
• The Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.IncorrectAns;- b) Only 1 and 2
Explanation;-
About Qualifications of Judges
• A person to be appointed as a judge of the Supreme Court should have the following qualifications:
• He should be a citizen of India.
• He should have been a judge of a High Court (or high courts in succession) for five years; or
• He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
• He should be a distinguished jurist in the opinion of the president.
• The Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court. - Question 10 of 10
10. Question
Which of the following statements are correct about Jurisdiction and Powers of Supreme Court?
1. As a Federal court, the Supreme Court decides disputes between different units of the Indian Federation in original jurisdiction
The writ jurisdiction of the Supreme Court is not exclusive.
2. The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts w.r.t to appellate jurisdictionCorrectAns;- d) All of the above
Explanation;-
About Jurisdiction and Powers of Supreme Court
About Original Jurisdiction
• As a Federal court, the Supreme Court decides disputes between different units of the Indian Federation. More elaborately, any dispute between:
• the Centre and one or more states; or
• the Centre and any state or states on one side and one or more states on the other; or
• between two or more states.
• In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
• Further, this jurisdiction of the Supreme Court does not extend to the following:
• A dispute arising out of any pre-Constitution treaty, agreement, covenant,
• engagement, sanad or other similar instrument.
• A dispute arising out of any treaty, agreement, etc.,which specifically provides that the said jurisdiction does not extent to such a dispute.
• Inter-state water disputes.
• Matters referred to the Finance Commission.
• Adjustment of certain expenses and pensions between the Centre and the states.
• Ordinary dispute of Commercial nature between the Centre and the states.
• Recovery of damages by a state against the Centre.About Writ Jurisdiction
• The Supreme Court is empowered to issue writs, including habeas corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
• In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can go directly to the Supreme Court, not necessarily by way of appeal.
• However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts are also empowered to issue writs for the enforcement of the Fundamental Rights.About Appellate Jurisdiction
• The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts.
• It enjoys a wide appellate jurisdiction which can be classified under four heads:
1. Appeals in constitutional matters
2. Appeals in civil matters
3. Appeals in criminal matters
4. Appeals by special leaveAbout Advisory Jurisdiction
• The Constitution under Article 143 authorizes the President to seek the opinion of the Supreme Court in the two categories of matters:
• On any question of law or fact of public importance which has arisen or which is likely to arise.
• On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanador other similar instruments.IncorrectAns;- d) All of the above
Explanation;-
About Jurisdiction and Powers of Supreme Court
About Original Jurisdiction
• As a Federal court, the Supreme Court decides disputes between different units of the Indian Federation. More elaborately, any dispute between:
• the Centre and one or more states; or
• the Centre and any state or states on one side and one or more states on the other; or
• between two or more states.
• In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
• Further, this jurisdiction of the Supreme Court does not extend to the following:
• A dispute arising out of any pre-Constitution treaty, agreement, covenant,
• engagement, sanad or other similar instrument.
• A dispute arising out of any treaty, agreement, etc.,which specifically provides that the said jurisdiction does not extent to such a dispute.
• Inter-state water disputes.
• Matters referred to the Finance Commission.
• Adjustment of certain expenses and pensions between the Centre and the states.
• Ordinary dispute of Commercial nature between the Centre and the states.
• Recovery of damages by a state against the Centre.About Writ Jurisdiction
• The Supreme Court is empowered to issue writs, including habeas corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
• In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can go directly to the Supreme Court, not necessarily by way of appeal.
• However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts are also empowered to issue writs for the enforcement of the Fundamental Rights.About Appellate Jurisdiction
• The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts.
• It enjoys a wide appellate jurisdiction which can be classified under four heads:
1. Appeals in constitutional matters
2. Appeals in civil matters
3. Appeals in criminal matters
4. Appeals by special leaveAbout Advisory Jurisdiction
• The Constitution under Article 143 authorizes the President to seek the opinion of the Supreme Court in the two categories of matters:
• On any question of law or fact of public importance which has arisen or which is likely to arise.
• On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanador other similar instruments.
