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Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Humanities/Arts MCQ


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10 Questions MCQ Test Legal Studies for Class 11 - Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2

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Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 1

What does doctrine of double jeopardy mean?

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 1

The doctrine of double jeopardy is a legal principle that ensures no person can be tried or punished more than once for the same offense in the same jurisdiction. It is a fundamental right in many legal systems, aimed at protecting individuals from harassment and ensuring finality in legal proceedings.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 2

A civil case becomes a fit case for appeal to the Supreme Court if______________.

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 2

The high court certifies it involves a question on law. 
Article 133 of our Indian Constitution tells about about the cases which are civil and can be appealed in the supreme court or, if high court has given such statement which should be confirmed by the supreme court.
Hence, D is the correct option.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 3

Which doctrine allows the Supreme Court to strike down only the unconstitutional parts of a law while keeping the rest valid?

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 3

- The correct doctrine is the Doctrine of Severability (Option C).
- This doctrine allows the Supreme Court to remove or "sever" parts of a law that are unconstitutional while allowing the remainder of the statute to continue in force.
- The primary aim is to uphold as much of the legislative intent as possible without violating constitutional principles.
- If the valid and invalid parts are separable and the remainder can function independently, only the unconstitutional sections are struck down.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 4

The Central Administrative Tribunal and State Administrative Tribunals were set up through a law passed in _____.

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 4

The Administrative Tribunals Act, 1985 provides for adjudication or trial of disputes and complaints with respect to recruitment and conditions of service of public servants. The act has made provisions for the Central Administrative Tribunal for the Centre and a State Administrative Tribunal for a particular State.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 5

Under which Article of the Constitution can the Supreme Court grant special leave to appeal from any judgment or order passed by any court or tribunal in India?

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 5

- The Supreme Court of India can grant special leave to appeal under Article 136 of the Constitution.
- Article 136 empowers the Supreme Court to permit appeals against any judgment, decree, determination, sentence, or order in any cause or matter passed by any court or tribunal in India.
- This article gives the Supreme Court discretionary power to hear appeals even if the normal appeal process is not applicable.
- It acts as a safety valve ensuring justice and upholding fundamental rights.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 6

The Central Administrative Tribunal adjudicates disputes with respect to the recruitment and conditions of service of persons appointed:

  • To public services and posts in connection with the affairs of the Union.
  • Members of the defence forces.
  • Officers and servants of the Supreme Court or of any High Court in India.

Select the correct answer using the code given below.

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 6

The Central Administrative Tribunal's function is to adjudicate the disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or state or other local authorities within the territory of India od under the control of Government of India.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 7

Which case led to the Supreme Court ruling that any amendment violating the basic structure of the Constitution is unconstitutional?

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 7

- The correct answer is B: Kesavananda Bharati v. State of Kerala.
- This landmark 1973 case established the "basic structure doctrine" in Indian constitutional law.
- The Supreme Court ruled that while Parliament has wide powers to amend the Constitution, it cannot alter its basic structure.
- The decision aimed to protect fundamental aspects of the Constitution, such as democracy, rule of law, and separation of powers, ensuring they remain unchanged despite amendments.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 8

What is the primary purpose of filing a First Information Report (FIR)?

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 8

- The primary purpose of filing a First Information Report (FIR) is:

- To set the criminal law in motion (Option C):
- An FIR is a formal document that initiates the legal process in criminal cases.
- It is a complaint lodged with the police that sets the investigation into motion.
- It ensures that the police take necessary steps to investigate the alleged crime and gather evidence.

- Conviction, evidence recording, and arrests are subsequent processes, not the primary purpose of an FIR.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 9

In each of the questions, two words are paired which have a certain relation. Select a correct option to substitute question mark so as to make a similar relationship pair with the word given after double colon(::)
Prosecutor : Accused : : Plaintiff: ?

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 9

As, a prosecutor is opposed to an accused; plaintiff or the complainant, is opposed to the defendant, the person being sued.
Hence. B is the correct option.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 10

Under which Article of the Indian Constitution do High Courts enjoy extraordinary jurisdiction to issue various writs?

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 2 - Question 10

The High Courts enjoy extraordinary jurisdiction under Article 226 of the Indian Constitution. This empowers them to issue various writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of Fundamental Rights or for any other purpose. While Article 32 confers similar powers to the Supreme Court, Article 226 specifically empowers the High Courts.

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