Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 24

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 24

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Weekly Quiz Competition

Question 1
1 / -0

If a High Court in India does not give the certificate to a case that it involves a substantial question law, the Supreme Court _________________.

A
can never hear the case

B
does not enter into the picture

C
may hear the case if it is satisfied that the case involves a substantial question of law as to the interpretation of the Constitution

D
may hear the case if the President calls upon it to do so

Solution

The Supreme court is primarily a court of appeal and it hears the appeals in constitutional, civil and criminal matters when a high court certifies that the case involves a substantial question of law and is fit to be decided by the supreme court. However, the supreme court has the power to hear appeal even if the high court does not certify under article 136 of the Indian Constitution I.e., appeal by special leave. It is discretionary power of the Supreme Court.
Question 2
1 / -0

Which of the following cases cannot be filed directly in the Supreme Court?

A
Disputes between two or more States

B
Cases against encroachment on Fundamental Rights

C
If one's property is forcefully occupied by the other

D
Both (a) and (b) above

Solution

The Supreme Court exercises original jurisdiction only when any dispute between the center and the states or between two or more states or center on one side and state or two or more states on other side and when the fundamental right of any citizen is violated he/she has the right to go directly to the Supreme Court for enforcement. In case of other dispute of land, usurpation, the occupation they are to be filed in the proper court of territorial jurisdiction by recognising the civil or criminal nature of the dispute.
Question 3
1 / -0

Public interest litigation (PIL), is one in which ____________________________.

A
trial is held in camera

B
proceedings of the trial are not reported to the press.

C
court gives precedence to public interest over the points of law.

D
issues of public interest are involved and can be brought before the court by any citizen.
Question 4
1 / -0

Which of the following is covered under the original jurisdiction of the Supreme Court?

A
Dispute relating to civil matters

B
Dispute relating to criminal cases involving murder

C
Disputes between two states of the Indian Union.

D
Disputes between two citizens from two different States

Solution

The Supreme Court exercises original jurisdiction only when any dispute between the center and the states or between two or more states or center on one side and state or two or more states on other side and when the fundamental right of any citizen is violated he/she has the right to go directly to the Supreme Court for enforcement.
Question 5
1 / -0

The number of States under the jurisdiction of a High Court is decided on the basis of _______________.

A
area and population to be served

B
funds at the disposal

C
intention of the government

D
number of judges available

Solution

The High Court is the Apex court is the State Judicial System. The high court has jurisdiction over a state, group of state and Union territories based on the population and area and effective working of Justice dispensation system.
Question 6
1 / -0

The salaries of the Judges of the High Courts are paid from the _____________.

A
Funds collected as fees for cases

B
Consolidated Fund of the State

C
Consolidated Fund of India

D
State revenues

Solution

The sitting judges of High Court are entitled to salaries, allowances and privileges as parliament from time to time determine. The expense of salaries and allowances of the High court judges are charged upon the Consolidated Fund of the State.
Question 7
1 / -0

A Judge of a High Court wanting to resign addresses his letter of resignation to __________________.

A
the President

B
the Chief Justice of his High Court

C
the Chief Justice of India

D
the Governor of the State

Solution

The tenure of a High Court judges is not fixed by the Constitution but they hold office until they attain the age of 62 years. A judge of High Court can resign his office by writing to the President any time after the appointment.
Question 8
1 / -0

The salaries of the Judges of the Supreme Court of India __________________.

A
can never be reduced under any circumstances

B
can be reduced during their term of office

C
cannot be reduced during the term of their office except during a financial emergency

D
are fixed by President of India

Solution

Article 360 provides for the imposition of Financial emergency if the President is satisfied that the situation has arisen where the financial stability or the credit of India is in danger. The effect of this emergency can reduce the salary of public servants including the judges of Supreme Court and High Court.
Question 9
1 / -0

The Judges of the Supreme Court take an oath or affirmation before entering upon office, conducted by _________________.

A
Chief Justice of India

B
President or Vice-President

C
President or some person appointed by him

D
None of the above

Solution

A judge of the supreme court is appointed by the President. Any such person appointed as the judge of supreme court before entering upon his office has to make and subscribe an oath or affirmation before the President or any other person appointed by the president for this purpose.
Question 10
1 / -0

The High Court enjoys the power:
I. to issue writs for the enforcement of Fundamental Rights.
II. to exercise superintendence over the working of courts and tribunals under its jurisdiction.
III. to make general rules and prescribe forms regulating the practices and proceeding of courts under its jurisdiction.

A
I and II

B
II and III

C
I and III

D
I, II and III

Solution

The High court is the apex court in State Judiciary in India. Under Article 226 of the Constitution of India, the High court can issue writs for the enforcement of fundamental rights. Article 227 provides for the power of superintendence over all courts by the High Court and It can make and issue rules and prescribe forms to regulate the practice and proceedings in Court.

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 24

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 24

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SHARING IS CARING

Question 1

can never hear the case

does not enter into the picture

may hear the case if it is satisfied that the case involves a substantial question of law as to the interpretation of the Constitution

may hear the case if the President calls upon it to do so

Solution

Question 2

Disputes between two or more States

Cases against encroachment on Fundamental Rights

If one's property is forcefully occupied by the other

Both (a) and (b) above

Solution

Question 3

trial is held in camera

proceedings of the trial are not reported to the press.

court gives precedence to public interest over the points of law.

issues of public interest are involved and can be brought before the court by any citizen.

Question 4

Dispute relating to civil matters

Dispute relating to criminal cases involving murder

Disputes between two states of the Indian Union.

Disputes between two citizens from two different States

Solution

Question 5

area and population to be served

funds at the disposal

intention of the government

number of judges available

Solution

Question 6

Funds collected as fees for cases

Consolidated Fund of the State

Consolidated Fund of India

State revenues

Solution

Question 7

the President

the Chief Justice of his High Court

the Chief Justice of India

the Governor of the State

Solution

Question 8

can never be reduced under any circumstances

can be reduced during their term of office

cannot be reduced during the term of their office except during a financial emergency

are fixed by President of India

Solution

Question 9

Chief Justice of India

President or Vice-President

President or some person appointed by him

None of the above

Solution

Question 10

I and II

II and III

I and III

I, II and III

Solution

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