Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 23

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 23

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Weekly Quiz Competition

Question 1
1 / -0

Cognizable offence refers to an offence where ________________.

A
arrests can be made without warrant

B
arrests can be made with warrant.

C
it is under the jurisdiction of a court.

D
police can register a case without formal complaints.
Question 2
1 / -0

In kidnapping, the consent of a minor is ___________________.

A
partly material

B
wholly material

C
wholly immaterial

D
partly immaterial
Question 3
1 / -0

Decree means ____________________.

A
informal expression of adjudications

B
formal expression of adjudication but shall not include any adjudication from which an appeal lies

C
formal expression of adjudication

D
all of the above
Question 4
1 / -0

A magistrate can take cognizance of an offence ________________.

A
upon a complaint

B
suo moto

C
upon a police report

D
any of the above
Question 5
1 / -0

An appeal shall lie to the Supreme Court from any judgement of a High Court if the High Court:

A
has on appeal reversed an order of acquittal of an accused person and sentenced him to death

B
certifies that the case is a fit one for appeal to the Supreme Court

C
has withdrawn for trial before itself any case from any subordinate court and has convicted the accused person and sentenced him to death

D
In all the above cases

Solution

Article 134 of the Constitution of India provides that the Supreme court hears appeals against the judgment of High Court in criminal proceedings if:
1) the appeal came before the high court and it reversed the order of acquittal (release) of an accused person and sentenced him to death or imprisonment for life or for ten years;
2) the High court has taken before itself any case from subordinate court and convicted the accused person and sentenced him to death or imprisonment for life or for ten years
3) the High court certifies that the case is fit for appeal to supreme court.
Question 6
1 / -0

Which is not an eligibility criterion for appointment as a Judge of the Supreme Court?

A
He/She must have been a High Court Judge for at least 5 years

B
He/She must have attained the age of 55 years

C
He/She must have been an advocate of a High Court for not less than 10 years

D
He/She must be in the opinion of the President, a distinguished jurist

Solution

The qualifications to be appointed as a judge of the supreme court are:
1) A person should be a citizen of India
2) He should have been the judge of a High Court for five years or he should have been an advocate of the high court for ten years or he should be a distinguished jurist in the opinion of the President.
Question 7
1 / -0

Salaries of the Judges of the Supreme Court are drawn from the _______________.

A
Grants-in-aid

B
Contingency Fund

C
Consolidated Fund

D
Public Accounts

Solution

The Supreme court judges are entitled to salary and allowances during the term of their office and pension after their retirement. These are determined by the Parliament and charged upon the Consolidated Fund of India.
Question 8
1 / -0

Which is not correct statement?
The Supreme Court __________________.

A
is a watch-dog of citizen's liberty

B
interprets the Constitution

C
protects the Directive Principle of State Policy

D
settles electoral disputes of the President and Vice-President of India

Solution

The Constitution has made the Supreme Court the guardian and guarantor of Fundamental Rights of the Constitution. The Directive Principles given in Part IV of the Constitution are non-justiciable in nature and hence cannot be enforced in the court of law.
Question 9
1 / -0

Which of the following is incorrect regarding Supreme Court?

A
It has the power to punish by fine and imprisonment any person guilty of contempt of its authority

B
It is a court of record and has all the powers of such court including the power to punish for contempt of itself

C
Its records are admitted in evidence and cannot be questioned when produced in any Court of Law

D
It is bound by its earlier decision and cannot depart from its previous decisions

Solution

The Supreme court is the Apex court of the Country. The constitution provides that the Law declared by supreme court has a binding value within the territory of India. The Supreme court can reverse its previous order if they are erred or if necessity demands so. E.g., Earlier privacy was adjudged not be a fundamental right which is now declared as a fundamental right. Thus the Supreme Court is not bound by its previous decision and can reverse its decision with a larger bench.
The constitution made supreme court the guarantor and guardian of fundamental rights. the supreme court can declare any law made by the legislature or any action by administrative authority unconstitutional if they encroach upon fundamental rights.
Question 10
1 / -0

Which one of the following comes under the jurisdiction of both the High Court and the Supreme Court?

A
Disputes between the Centre and the States

B
Disputes between the states

C
Protection of the Fundamental Rights

D
Protection against the violation of the Constitution

Solution

The Supreme Court under Article 32 and the High courts under Article 226 are authorised to issue writs for the enforcement of Fundamental rights. This implies that the Constitution has given the right to the citizens to move to any court on the violation of Fundamental Right for enforcement. However, the High court can issue writs for the enforcement of legal rights also.

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 23

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 23

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Rank

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SHARING IS CARING

Question 1

arrests can be made without warrant

arrests can be made with warrant.

it is under the jurisdiction of a court.

police can register a case without formal complaints.

Question 2

partly material

wholly material

wholly immaterial

partly immaterial

Question 3

informal expression of adjudications

formal expression of adjudication but shall not include any adjudication from which an appeal lies

formal expression of adjudication

all of the above

Question 4

upon a complaint

suo moto

upon a police report

any of the above

Question 5

has on appeal reversed an order of acquittal of an accused person and sentenced him to death

certifies that the case is a fit one for appeal to the Supreme Court

has withdrawn for trial before itself any case from any subordinate court and has convicted the accused person and sentenced him to death

In all the above cases

Solution

Question 6

He/She must have been a High Court Judge for at least 5 years

He/She must have attained the age of 55 years

He/She must have been an advocate of a High Court for not less than 10 years

He/She must be in the opinion of the President, a distinguished jurist

Solution

Question 7

Grants-in-aid

Contingency Fund

Consolidated Fund

Public Accounts

Solution

Question 8

is a watch-dog of citizen's liberty

interprets the Constitution

protects the Directive Principle of State Policy

settles electoral disputes of the President and Vice-President of India

Solution

Question 9

It has the power to punish by fine and imprisonment any person guilty of contempt of its authority

It is a court of record and has all the powers of such court including the power to punish for contempt of itself

Its records are admitted in evidence and cannot be questioned when produced in any Court of Law

It is bound by its earlier decision and cannot depart from its previous decisions

Solution

Question 10

Disputes between the Centre and the States

Disputes between the states

Protection of the Fundamental Rights

Protection against the violation of the Constitution

Solution

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