Judiciary MCQ Quiz - Objective Question with Answer for Judiciary - Download Free PDF

The correct answer is conciliatory.

Key Points

• Lok Adalat proceedings are non-adversarial and conciliatory, aiming to resolve disputes amicably without prolonged litigation.
• It is governed under the Legal Services Authorities Act, 1987, which promotes alternative dispute resolution mechanisms.
• Lok Adalats encourage mutual agreement and compromise between disputing parties, ensuring faster and cost-effective justice.
• Decisions made in Lok Adalats are binding, and there is no provision for appeal against the award, ensuring finality of the resolution.
• This mechanism is particularly effective in resolving civil cases, matrimonial disputes, and minor criminal offenses, reducing the burden on regular courts.

Additional Information

• Lok Adalat:
  • Lok Adalat translates to "People's Court" and is part of India's judicial system aimed at providing speedy justice.
  • It operates under the National Legal Services Authority (NALSA).
  • Cases resolved include disputes related to motor accident claims, family issues, and unpaid debts.
• Conciliatory Proceedings:
  • Conciliation is a voluntary process where parties come to an agreement with the assistance of a neutral third party.
  • It is less formal than mediation and involves facilitating communication between disputants.
• Legal Services Authorities Act, 1987:
  • It provides the statutory basis for organizing Lok Adalats and ensuring legal aid to weaker sections of society.
  • The Act aims to promote justice on the basis of equal opportunity.
• Advantages of Lok Adalats:
  • Ensures resolution without prolonged litigation, saving time and money.
  • Encourages amicable settlements and reduces animosity between parties.
  • Reduces the burden on conventional courts.

The correct answer is Civil Courts.

Key Points

• Civil Courts primarily handle disputes related to property ownership, contractual agreements, and other civil matters.
• They deal with cases involving disputes over land, property partition, inheritance, and breach of contracts.
• Civil courts operate under the Code of Civil Procedure (CPC), 1908, which governs their functioning in India.
• The hierarchy of civil courts includes District Courts, Subordinate Courts, and Small Causes Courts, depending on the value and nature of disputes.
• The jurisdiction of civil courts varies based on the monetary value and territorial limits of the case in question.

Additional Information

• Revenue Courts:
  • These courts primarily handle cases related to land revenue, tenancy disputes, and agricultural land issues.
  • They function under various state-specific revenue laws and are not concerned with property ownership disputes unless related to revenue matters.
• Criminal Courts:
  • Criminal courts deal with offenses against the state, such as theft, assault, murder, and other crimes punishable under the Indian Penal Code (IPC).
  • They do not handle civil matters like property disputes or contractual disagreements.
• Family Courts:
  • These courts specialize in handling cases related to marriage, divorce, child custody, and maintenance.
  • They are governed by the Family Courts Act, 1984, and do not address property or contract-related disputes.
• Small Causes Courts:
  • These courts deal with cases of minor civil disputes, such as unpaid bills, rents, or small contract violations, typically involving a lower monetary value.
  • They have limited jurisdiction compared to regular civil courts.

The correct answer is Federal dispute jurisdiction is exclusive to SC, while writ jurisdiction is concurrent with High Courts..

Key Points

• Federal Dispute Jurisdiction: It is exclusive to the Supreme Court under Article 131 of the Indian Constitution. This means no other court, including High Courts, can exercise jurisdiction in such disputes.
• Writ Jurisdiction: The writ jurisdiction under Article 32 is concurrent, meaning both the Supreme Court and High Courts can issue writs for the enforcement of fundamental rights.
• The key distinction is exclusivity—federal disputes under original jurisdiction are solely handled by the Supreme Court, whereas writ jurisdiction is shared between the Supreme Court and High Courts.
• The Supreme Court's original jurisdiction in federal disputes includes cases between the Government of India and one or more states or between states themselves.
• Writ jurisdiction pertains to safeguarding fundamental rights and can be invoked by individuals or groups through petitions.

Additional Information

• Article 131 (Original Jurisdiction of SC): Deals with disputes involving the Central Government and one or more states, or between states themselves, ensuring a direct and exclusive mechanism for resolving federal disputes.
• Article 32 (Writ Jurisdiction of SC): Known as the “heart and soul of the Constitution” by Dr. B.R. Ambedkar, it empowers individuals to approach the Supreme Court directly for enforcing fundamental rights via writs.
• Types of Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto are the five writs available under both Articles 32 (Supreme Court) and 226 (High Courts).
• Concurrent Jurisdiction: High Courts under Article 226 can issue writs for both fundamental rights and other purposes, making their jurisdiction broader compared to the Supreme Court's writ jurisdiction.
• Federalism in India: The exclusive jurisdiction of the Supreme Court in federal disputes highlights the need for a neutral arbiter to resolve conflicts between different levels of government.

The correct answer is Habes Corpas.

• Writ means written command in the name of the court.
• It is a legal document that is issued by a Court that orders a person or entity to perform a particular act or to stop performing a specific deed.

Key Points

• Article 32 of the Indian Constitution makes deals with the law of issuing the writs by the Supreme Court.
• Article 226 of the Indian Constitution deals with the law of issuing the writs by the High court.
• In India, only 'prerogative writs' are issued which are issued under different circumstances.
• Prerogative writs are of five kinds:

1. Habeas corpus
2. Quo warranto
3. Mandamus
4. Prohibition
5. Certiorari

• Habeas Corpus writ is issued for securing the liberty of an individual.
• It is a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
• It aims to ensure that a fast judicial review is provided in case of unlawful detention hampering the liberty or freedom of the prisoner.

The correct answer is Two.

Key Points

• In Uttar Pradesh, Subordinate Judiciary is divided into two parts.
• Two parts of Uttar Pradesh Subordinate judiciary are
  • UP Civil Judicial Services, and
  • UP Higher Judicial Services.
• UP Civil Judicial Services consists of Munsifs and Civil Judges.
• UP Higher Judicial Services consists of Civil and Session Judges.
• To deal with cases at different levels Uttar Pradesh also has some subordinate courts.
  • District Courts,
  • Family Courts,
  • Lok Adalat, and
  • Special Courts.

Additional Information

• Uttar Pradesh High Court is situated in Allahabad.
• Allahabad High Court was established in 1866.
• It was originally known as the High court of Judicature for the Northwestern Provinces in Agra.
• The high court has a permanent circuit bench at Lucknow.
• Allahabad high court has a sanctioned strength of 160.

The correct answer is Article 71.

Key Points

• Article 71 of the Indian Constitution states that all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court.
• This provision ensures that the Supreme Court has the final authority in resolving any issues related to the election of these high offices, maintaining the integrity of the electoral process.
• The mechanism provided in Article 71 helps prevent any political ambiguity regarding the election outcomes, thereby strengthening public trust in the electoral system.
• The Supreme Court of India is the apex court of the Indian judicial system.

Additional Information

• Article 69 deals with the Oath or affirmation by the Vice-President.
• Article 70 discusses the circumstances under which the President can continue in office despite the vacancy.
• Article 68 Time of holding election to fill vacancy in the office of Vice President and the term of office of person elected to fill casual vacancy
• Article 66 deals with the election of the Vice-President.
• Article 54 of the Constitution of India is about the election of the President of India.
• Article 55 of the Indian Constitution outlines the manner of election of the President of India.

The correct answer is Article 32.

Key Points:

• Article 32 provides the right to Constitutional remedies which means that a person has the right to move to Supreme Court (and high courts also) for getting his fundamental rights protected. While the Supreme Court has the power to issue writs under Article 32, High Courts have been given the same powers under Article 226.

Important Points:

• Mandamus means "a command" which is issued by the court to enforce fundamental rights whenever a public officer or a government representative has committed an act of violating a person’s fundamental rights.
• Habeas Corpus means “to produce the body”  which is issued to let the court know the grounds of confinement. This protects an individual's Liberty.
• Quo Warranto means "By what authority". It is issued by the court to enquire into the legality of a claim which a person asserts to public office. This writ enables the public to see that a public office is not usurped.
• Certiorari means "to be certified". It is issued to a Lower court after a case has been decided by it, quashing the decision or order by the High court or Supreme court. It ensures that the jurisdiction of an inferior Court or Tribunal is properly exercised.

 Additional Information

The correct answer is Harilal J. Kania.

Key Points

• Harilal Jekisundas Kania was the first Chief Justice of India.
  • He was the Chief Justice of India from 1950 to 1951.
  • He read the oath of chief justice of India to Dr Rajendra Prasad(India's first President).
  • H. J. Kania served as acting editor of the Indian Law Reports.
  • Mandakolathur Patanjali Sastri was the second Chief Justice of India.
  • Justice Mehr Chand Mahajan was the third Chief Justice of the Supreme Court of India.
  • Sudhi Ranjan Das (S.R. Das) was the 5th Chief Justice of India.

The Correct Answer is Kerala.

Key Points

• Kerala's High Court has jurisdiction over Lakshadweep. A Munsiff Court is located in Andrott, and it has jurisdiction over the islands of Kavaratti, Andrott, Minicoy, and Kalpeni.
• Another Munsiff Court is located in Amini, and it has jurisdiction over the islands of Amini, Agatti, Kadmat, Kiltan, Chetlat, and Bitra.
• For the jurisdictions in question, these courts often serve as Courts of Judicial Magistrate of First Class.
• The Chief Judicial Magistrate's charge is held by the Judicial Magistrate in Andrott.
• With effect from April 1997, the Kavaratti Sub Court was elevated to the status of District and Sessions Court.

Important Points

• Bombay High Court: The high court's jurisdiction extends to the states of Goa and Maharashtra, as well as the Union Territories of Dadra and Nagar Haveli and Daman and Diu.
• Calcutta High Court: West Bengal and the Union Territory of Andaman and Nicobar Islands are under the jurisdiction of the Calcutta High Court. 
• Madras High Court: Tamil Nadu and the Union Territory of Puducherry are under the jurisdiction of the High Court. 
• Gauhati High Court: Assam, Arunachal Pradesh, Mizoram, and Nagaland are the four states that the High Court has jurisdiction over. 
• Kerala High Court: Kerala and the Union Territory of Lakshadweep are under the jurisdiction of the High Court. 
• Punjab and Haryana High Court: Punjab and Haryana, as well as the Union Territory of Chandigarh, are under the jurisdiction of the High Court.

Additional Information

•  Lakshadweep:
  • Formation: 1 November 1956
  • Capital: Kavaratti Government
  • Administrator: Praful Khoda Patel
  • MP: Mohammed Faizal P. P. (NCP)

The correct answer is President or some person appointed by him.

Important Points

Oath or Affirmation

• A person appointed as a judge of the Supreme Court, before entering upon his office, has to make and subscribe an oath or affirmation before the President, or some person appointed by him for this purpose. Hence, option 2 is correct.
• In his oath, a judge of the Supreme Court swears:
  1. to bear true faith and allegiance to the Constitution of India;
  2. to uphold the sovereignty and integrity of India;
  3. to duly and faithfully and to the best of his ability, knowledge and judgement perform the duties of the Office without fear or favour, affection or ill-will; and
  4. to uphold the Constitution and the laws.

Additional Information

Qualifications of Judges

• A person to be appointed as a judge of the Supreme Court should have the following qualifications:
  1. He should be a citizen of India.
  2. He should have been a judge of a High Court (or high courts in succession) for five years; or
  3. He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
  4. He should be a distinguished jurist in the opinion of the president.

From the above, it is clear that the Constitution has not prescribed minimum age for appointment as a judge of the Supreme Court.

The correct answer is Calcutta High court.

Key Points

• Calcutta High court is the oldest high court in India, it was established in the year 1862.
• In the same year, Bombay and Madras High court were established.
• Bombay, Madras, and Calcutta are the three chartered high courts in India.
• There are currently twenty-five high courts in India as of September-2020.
• Telangana and the Andhra Pradesh high courts are the newly-formed high courts of India, which were formed in the year 2019.
• Barnes Peacock was the first chief justice of the Calcutta High court, which assumed charge on 1 July 1862.
• Sir Mathew Richard Sausse was the first chief justice of the Bombay High court.

The correct answer is 26th January 1950.

Key Points

• The Supreme Court in India was established under the Regulating Act, of 1773.
• The Regulating Act of 1773 established a Supreme Court at Fort William, Calcutta.
• Harilal Jekisundas Kania was the first Chief Justice of India.
• The Supreme Court came into existence on 26 January 1950 with the coming into force of the Constitution. The Supreme Court initially functioned from the old Parliament House till it moved to the present building located on Tilak Marg, New Delhi in 1958.
• On 28 January 1950, two days after India became a Sovereign Democratic Republic, the Supreme Court was inaugurated. The inauguration took place in the Chamber of Princes in the old Parliament building where the Federal Court of India sat for 12 years from 1937 to 1950.
• The inauguration took place in the Chamber of Princes in the Parliament building which also housed India's Parliament, consisting of the Council of States and the House of the People.
• In the Chamber of Princes, the Federal Court of India had sat for 12 years between 1937 and 1950.
• This was to be the home of the Supreme Court for years that were to follow until the Supreme Court acquired its own present premises.
• It replaced both the Federal Court of India and the Judicial Committee of the Privy Council.
• The First proceedings took place on 28 January 1950 at 9:45 am.​

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The correct answer is the President of India in consultation with senior judges of Supreme Court and High Court

• The Chief Justice of India (CJI) is appointed by the President of India under clause (2) of Article 124 of the Constitution.
• The chief justice 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 chief justice 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 the appointment of a judge other than Chief justice.
• The basic procedure to be followed for the appointment of CJI is:
  • Appointment to the office of the Chief Justice of India should be of the senior-most Judge of the Supreme Court considered fit to hold the office.
  • The Union Minister of Law, Justice and Company Affairs would, at the appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India.
  • Whenever there is any doubt about the fitness of the senior-most Judge to hold the office of the Chief Justice of India, consultation with other Judges as envisaged in Article 124 (2) of the Constitution would be made for the appointment of the next Chief Justice of India.
  • After receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs will put up the recommendation to the Prime Minister who will advise the President in the matter of appointment. 

The correct answer is Kolkata.

Key Points

• The first high court of India was established in Kolkata.
• It was formerly called the High Court of Judicature at Fort William.
• It was issued under the Indian High Courts Act 1861.
• It was formally opened on 1 July 1862.
• Sir Barnes Peacock as its first Chief Justice of the Calcutta High Court.
• Justice Sumboo Nath Pandit was the first Indian to assume office as a Judge of the Calcutta High Court.

Additional Information

• The Chief Justice of the High Court is appointed by the President.
• Every high court shall consist of a Chief Justice and such other Judges as the President may decide.
• Judges of the High Courts are removed by the President on the same grounds and manner as the judges of the Supreme Court are removed.
• The oath and affirmation to the judges of the High Court are administered by the Governor of the State.
• A judge of the High Court can resign his office by writing to the President.

The correct answer is The Governor of the state.

• The Governor of the state administers the oath of office to a judge of a high court.

Key Points

• Governor of the state:
  • The term of office of the Governor is five years from the date when he enters the office.
  • However, his term of five years is subject to the pleasure of the President.
  • His oath is administered by the Chief Justice of the concerned State High Court and in his absence, the seniormost Judge of that Court.
  • The 7th Constitutional Amendment Act, of 1956 facilitated the appointment of the same person as the governor for two or more states.
  • The Constitution prescribes two qualifications for the appointment of a person as governor.
    • He has to be a citizen of India.
    • He should have completed the age of 35 years.
  • The Governor acts as the Chancellor of the State Universities and also appoints the vice-chancellor of the universities in the state.
  • He administers the oath to the judge of the High Court.
• A judge of the high court is appointed by the President of India with the consultation of the chief justice of India and governor of the state.
• A judge of high court can be removed by order of the President