Chapter Test: The Judiciary - 2 - CTET & State TET MCQ

A violation of law is any act (or, less commonly, failure to act) that fails to abide by existing law. Violations generally include both crimes and civil wrongs. Some acts, such as fraud, can violate both civil and criminal laws.

 the act of violating : the state of being violated: such as. a : infringement, transgression specifically : an infringement of the rules.

There are 25 high courts in India. The number of total judges sanctioned in these high courts are 1079 of which 771 judges are permanent and remaining 308 sanctioned for additional judges.

The mechanism of Public Interest Litigation (PIL) was devised in: Answer: A. 1980 Explanation: - Public Interest Litigation (PIL) is a legal mechanism that allows any individual or organization to file a lawsuit in the public interest, bypassing the need for the traditional locus standi or personal interest in the case. - The concept of PIL emerged in India in the 1980s, with the objective of providing a platform for marginalized and underprivileged sections of society to access justice. - The main driving force behind PIL was the judiciary's commitment to social justice and its desire to make the legal system more accessible to the common people. - In 1980, the Supreme Court of India recognized PIL for the first time in the case of Hussainara Khatoon vs. State of Bihar. This landmark case dealt with the issue of undertrial prisoners languishing in jails for extended periods without trial. - Since then, PIL has played a significant role in addressing issues concerning human rights, environmental protection, and social welfare in India.

The President has all the executive powers given by the constitution. He summons the sessions of the Parliament and addresses the first session of the Parliament. So, the President is an integral part of the Parliament.

Fundamental Rights:

Answer: A. Written in constitution

Explanation:

• Fundamental rights are the basic rights and freedoms that are guaranteed to every individual by the constitution of a country.
• These rights are essential for the overall development and well-being of an individual and are considered important for the functioning of a democratic society.
• In most countries, fundamental rights are enshrined in the constitution, which is the supreme law of the land. This means that they are protected and cannot be easily taken away by the government or any other authority.
• Examples of fundamental rights include the right to equality, the right to freedom of speech and expression, the right to life and personal liberty, and the right to freedom of religion.
• Since fundamental rights are written in the constitution, they are not verbally given by the government. The government is bound to follow and protect these rights as per the provisions of the constitution.

Answer: A. Money given to make amend for an injury

Explanation:

• Compensation refers to the monetary payment offered to an individual as a means of rectifying or making amends for an injury, loss, or harm they have suffered.
• It is commonly used in the context of employment, where employees receive compensation in the form of wages, salaries, and benefits for the work they perform.
• In legal contexts, compensation may also be awarded to victims of accidents, negligence, or other forms of harm, in order to help them recover from the financial and emotional impact of the incident.
• Compensation does not refer to punishment, which is typically imposed by a court or other authority as a consequence for wrongdoing or illegal actions. Punishment can include fines, imprisonment, or other penalties, but it is not considered compensation.

Answer: A: K.G. Bala Krishna Explanation: - K.G. Bala Krishna served as the Chief Justice of India from January 14, 2007, to May 12, 2010. - In November 2007, he was the Chief Justice of India, leading the judiciary. - He succeeded Y.K. Sabharwal and was succeeded by S.H. Kapadia as the Chief Justice of India. - K.G. Bala Krishna is known for his significant contributions to Indian jurisprudence and his tenure as the Chief Justice of India was marked by various landmark judgments.

The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity and malnutrition.

The Judiciary is the system of court that interprets and applies the law in the name of the state. The judiciary system provides a mechanism for resolving disputes between the following:-
Citizens
Citizens and government
Two state governments

Answer: A - Independent

The judiciary plays a crucial role because it is independent. This independence is essential for the following reasons:

• Upholding the Rule of Law: As an independent body, the judiciary ensures that all individuals, organizations, and government entities are subject to the law. This helps maintain a just and fair society.
• Protection of Rights: An independent judiciary is responsible for safeguarding the fundamental rights of citizens and ensuring that they are not violated by any other branch of the government or by private entities.
• Checks and Balances: The judiciary serves as a check on the power of the executive and legislative branches of government. By interpreting and upholding the constitution, the judiciary prevents the concentration of power in a single branch, thus maintaining the balance between different branches.
• Impartiality: The independence of the judiciary ensures that judges can make decisions based on the merits of a case rather than being influenced by political or personal considerations. This impartiality is critical for maintaining trust in the legal system.
• Conflict Resolution: An independent judiciary can act as a neutral arbiter in cases of disputes between different parties, whether they are individuals, organizations, or different branches of the government. This helps maintain social order and stability.

In summary, an independent judiciary is essential for upholding the rule of law, protecting individual rights, maintaining checks and balances within the government, ensuring impartiality, and resolving conflicts. These functions are critical for a democratic society and the overall well-being of citizens.

The right to food is enshrined in the constitution, Article 48: "Everyone has the right to a standard of living sufficient for himself or herself, and his or her family that includes adequate nutrition, clothing and housing."

Appointment of the Chief Justice of India

• The Chief Justice of India is appointed by the President of India.
• This appointment is made after consultation with other judges of the Supreme Court and High Courts.
• The President follows the convention of appointing the senior-most judge of the Supreme Court as the Chief Justice of India.
• The Chief Justice holds office until the age of 65 years or until removed through the process of impeachment.

Explanation of the Answer:

The "right to protect" mentioned in the question is not explicitly defined under any specific act. However, the closest reference could be to the "right to self-defense," which is addressed in various legal frameworks across the world. In the context of the given options, none of them directly correspond to the "right to protect." However, if we consider the closest possible option, then the answer would be:

Option C: Act 21

• Act 21 could potentially be referring to Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. This fundamental right can be interpreted as encompassing the right to protect oneself and others from harm.
• However, it is essential to note that the "right to protect" is not explicitly mentioned in Article 21, and the interpretation may vary based on specific circumstances and legal provisions.

In conclusion, while there is no direct correlation between the given options and the "right to protect," the closest option would be Act 21, which refers to the right to life and personal liberty.

Answer: C. Right to Life The "Right to Livelihood" is a part of the Right to Life. Here's an explanation of why: - The Right to Life is a fundamental human right, which ensures that every individual has the right to live and survive. - Livelihood, which means having access to the means of living, such as food, shelter, clothing, and work, is an essential component of an individual's right to life. - Without the means to earn a livelihood, it becomes difficult for a person to secure the basic necessities of life. Therefore, the right to livelihood is intertwined with the right to life. - Various international human rights instruments, such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), recognize the right to work and to an adequate standard of living as fundamental human rights, which are closely related to the right to life. - In many national constitutions and legal systems, the right to life encompasses the right to livelihood, recognizing that individuals must have the opportunity to work and earn a living to support themselves and their families. In conclusion, the "Right to Livelihood" is an inherent part of the broader Right to Life, as it is essential for individuals to have access to the means of living in order to enjoy a dignified and fulfilling life.

Answer: B - PIL (Public Interest Litigation) Explanation: - The Supreme Court of India devised Public Interest Litigation (PIL) to increase access to justice for the underprivileged and marginalized sections of society. - PIL is a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community has a pecuniary interest or some interest by which their legal rights or liabilities are affected. - It allows any individual or organization to file a case in the court on behalf of those who are unable to approach the court due to lack of resources or knowledge. Features of PIL: -

Relaxed locus standi: In a PIL, the traditional rule of locus standi, which requires the petitioner to have a personal interest in the matter, is relaxed. This allows any individual or organization to approach the court for the public interest.

-

Flexible procedures: The court has adopted a more flexible and informal procedure in dealing with PILs, making it easier for the common man to access the court.

-

Judicial activism: PILs encourage judicial activism, allowing the court to intervene in matters of public interest and ensure social justice.

Role of PIL in increasing justice: -

PILs have played a crucial role in providing legal aid to the underprivileged and marginalized sections of society.

-

It has helped in highlighting various social issues, such as environmental degradation, violation of fundamental rights, and exploitation of weaker sections.

-

Through PILs, the Supreme Court has given landmark judgments and directives to the government for the betterment of society and ensuring social justice.

In conclusion, the Supreme Court devised PIL as a tool to increase access to justice for the underprivileged and marginalized sections of society, making it easier for them to approach the court and protect their rights.

Rule of law means every person is equal in the eyes of law and there is no discrimination on the basis of caste,creed , race and sex

The news media or news industry are forms of mass media that focus on delivering news to the general public or a target public. So the work done by the courts in the country can be seen on all the platforms.

Answer: A. Six Explanation: The Constitution of India guarantees six fundamental rights to its citizens. These rights are essential for the overall development of individuals and the existence of a democratic society. The six fundamental rights are: 1. Right to Equality (Article 14-18): - Equality before the law - Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth - Equality of opportunity in matters of public employment - Abolition of untouchability and titles 2. Right to Freedom (Article 19-22): - Freedom of speech and expression - Freedom to assemble peacefully without arms - Freedom to form associations or unions - Freedom to move freely throughout the territory of India - Freedom to reside and settle in any part of India - Freedom to practice any profession or carry on any occupation, trade, or business 3. Right against Exploitation (Article 23-24): - Prohibition of trafficking in human beings and forced labor - Prohibition of employment of children in hazardous occupations 4. Right to Freedom of Religion (Article 25-28): - Freedom of conscience and free profession, practice, and propagation of religion - Freedom to manage religious affairs - Freedom from payment of taxes for promotion of any particular religion - Freedom from attending religious instruction or worship in certain educational institutions 5. Cultural and Educational Rights (Article 29-30): - Protection of interests of minorities - Right of minorities to establish and administer educational institutions 6. Right to Constitutional Remedies (Article 32): - Right to move the Supreme Court for the enforcement of fundamental rights - The Supreme Court's power to issue directions, orders, or writs for the enforcement of fundamental rights

Explanation: A tenant who is being forced to move out and files a case in court against the landlord would fall under Civil Law because: - Civil Law deals with disputes between individuals and/or organizations, in this case, the tenant and the landlord. - It typically involves issues related to property, contracts, and personal disputes, which are all relevant in a tenant-landlord disagreement. - The goal of civil litigation is to resolve disputes and provide remedies, such as monetary compensation or specific performance, rather than to punish a party, which is the goal in criminal law. - Examples of civil cases involving tenants and landlords include breach of contract, eviction, and property damage disputes. Therefore, the correct answer is A: Civil Law.

Answer: D. Criminal Law Explanation:

• Harassment is considered a criminal offense under various jurisdictions, and the scenario mentioned involves a group of boys harassing a group of girls.
• Criminal law deals with offenses that are considered harmful to society as a whole, and harassment falls under this category as it impacts the safety and well-being of the victims.
• The other options, Civil Law, Social Law, and Economical Law, do not apply in this case as they deal with different aspects of law, such as disputes between individuals, societal norms, and economic policies, respectively.

In conclusion, the situation described - a group of girls being harassed by a group of boys - falls under Criminal Law, as harassment is a criminal offense that impacts the safety and well-being of the victims and society as a whole.

The Supreme Court is the highest court in India and has ultimate judicial authority to interpret the Constitution and decide questions of national law. As the constitutional court of the country, it takes up appeals primarily against verdicts of the high courts of various states of the Union and other courts and tribunals. It safeguards fundamental rights of citizens and settles disputes between various government authorities as well as the central government vs state governments or state governments versus another state government in the country.

Acquaintance is also having knowledge about something specific.

The Supreme Court of India has a sanctioned strength of 34 judges. This number includes the Chief Justice of India and 33 other judges. The increase in the number of judges was done to reduce the backlog of pending cases and ensure speedy justice. Reasons for selecting Option B: - As per the Constitution of India, the number of judges in the Supreme Court can be increased or decreased by an act of Parliament. - The Supreme Court (Number of Judges) Amendment Act, 2019 increased the strength of judges from 31 to 34. - The current sanctioned strength is 34 judges, including the Chief Justice of India. Additional Information: - The Supreme Court of India was established on January 28, 1950. - The Chief Justice of India is the head of the judiciary and the Supreme Court. - The judges of the Supreme Court are appointed by the President of India. - The retirement age for the judges of the Supreme Court is 65 years.

Explanation: Access to court for common people is referred to as Access to Justice. This concept encompasses several aspects such as: - Legal representation: Ensuring that individuals have the right to be represented by a lawyer in court to protect their interests. - Affordability: Making sure that the cost of legal services is not a barrier for people to seek justice. This may include the provision of legal aid or pro bono services for those who cannot afford a lawyer. - Timeliness: Ensuring that cases are resolved in a reasonable amount of time, without unnecessary delays. - Equality: Treating all individuals fairly, regardless of their social or economic background, and ensuring that everyone has an equal opportunity to access the legal system. - Transparency and accountability: Making sure that the legal system is open and transparent, and that those responsible for administering justice are held accountable for their actions. Overall, access to justice is a fundamental human right that ensures everyone has the ability to seek protection and remedies through the legal system when their rights have been violated.

In April 2001, the People’s Union for Civil Liberties (PUCL) initiated the public interest litigation (Civil) No. 196/2001, People’s Union for Civil Liberties v. Union of India & Others – popularly known as the "right to food" case. The PUCL argued that Article 21 – "right to life" of the Indian Constitution when read together with Articles 39(a) and 47, makes the right to food a derived fundamental right which is enforceable by virtue of the constitutional remedy provided under Article 32 of the constitution. The PUCL argued that excess food stocks with the Food Corporation of India should be fed to hungry citizens. This included providing mid-day meals in primary schools. The scheme came into force with the supreme court order dated 28 November 2001, which required all government and government-assisted primary schools to provide cooked midday meals.