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

Doctrine of Double Jeopardy refers to a legal principle that protects individuals from being tried or punished more than once for the same crime. Here are the key points about this doctrine:

• A person cannot face multiple punishments for the same offence.
• If someone is acquitted or convicted, they cannot be retried for the same act.
• This principle upholds the integrity of the legal system by preventing abuse of power.
• It provides a sense of security for individuals, ensuring that once legal proceedings are concluded, they cannot be reopened.

In summary, the doctrine of double jeopardy ensures that once a verdict is reached in a case, the same individual cannot be put in legal peril again for that specific offence.

A civil case becomes suitable for appeal to the Supreme Court if:

• The case has been brought to the High Court following an appeal from a subordinate court.
• It involves a financial amount exceeding Rs. 1,000,000.
• It raises a significant point of constitutional law.
• The High Court certifies that it involves a legal question requiring interpretation of the Constitution.

The correct condition for appeal is when the High Court certifies that it raises a point of law needing constitutional interpretation.

The Doctrine of Severability allows courts to invalidate only the unconstitutional parts of a law while keeping the remainder intact. This doctrine is crucial in legal contexts where a law is challenged, as it promotes the following:

• Preservation of Legislative Intent: The aim is to maintain the law's overall purpose, even if certain sections are found to violate constitutional principles.
• Efficiency: This prevents the entire law from being struck down, ensuring that valid provisions continue to function.
• Judicial Flexibility: Courts can adapt the application of the law, protecting essential functions while addressing specific constitutional issues.

In essence, the Doctrine of Severability ensures that laws can remain effective and relevant, even when parts of them are deemed unconstitutional.

The Central Administrative Tribunal (CAT) and the State Administrative Tribunals (SAT) were established to provide a mechanism for resolving disputes concerning the service matters of public servants. This initiative aimed to reduce the burden on traditional courts and ensure quicker resolution of administrative issues.

• CAT was set up under the Administrative Tribunals Act, which was enacted in 1985.
• The establishment of these tribunals aimed to enhance the efficiency of the administrative justice system.
• The tribunals have the authority to hear cases related to recruitment, service conditions, and disciplinary actions.
• Decisions made by these tribunals can be appealed in the High Courts, ensuring a further level of judicial review.

Overall, these tribunals play a crucial role in maintaining fairness and efficiency within the public administration system.

The Supreme Court of India can grant special leave to appeal under Article 136 of the Constitution. This provision allows the Court to hear appeals against any judgment or order from lower courts or tribunals.

• Article 136 is often used to ensure justice in cases where there may be a significant legal issue.
• The Supreme Court has the discretion to accept or reject appeals under this article.
• This mechanism serves as a crucial means of addressing grievances that arise from lower court decisions.

Other articles mentioned, such as Article 32, focus on the right to constitutional remedies, while Article 141 deals with the law declared by the Supreme Court being binding on all courts. Article 143 pertains to advisory opinions the Court can give.

The Central Administrative Tribunal addresses disputes related to the recruitment and employment conditions of individuals in the following areas:

• Public services and positions associated with the affairs of the Union.
• Members of the defence forces.
• Officers and staff of the Supreme Court or any High Court in India.

The Supreme Court ruling that any amendment violating the basic structure of the Constitution is unconstitutional arose from a landmark case.

This case is significant for several reasons:

• Kesavananda Bharati v. State of Kerala established the doctrine of the basic structure of the Constitution.
• The judgement asserted that Parliament cannot alter or destroy the Constitution's fundamental framework.
• This ruling reinforced the principle of separation of powers and safeguarded citizens' rights against legislative overreach.

The Kesavananda Bharati case involved a challenge to certain amendments that were perceived to undermine the Constitution's core values.

The Supreme Court's decision has had a lasting impact on constitutional law in India, ensuring that future amendments respect the foundational principles of democracy and justice.

The primary purpose of filing a First Information Report (FIR) is to initiate the criminal justice process. It serves several key functions:

• Establishes a record: An FIR documents the details of a crime as reported by the complainant.
• Initiates investigation: Filing an FIR sets the criminal law in motion and enables law enforcement to start an investigation.
• Legal evidence: It can serve as vital evidence in court during a trial.

While it may lead to an arrest, the primary role of the FIR is to ensure that the process of addressing the alleged crime begins effectively.

The relationship between the words can be understood through their roles in legal contexts:

• A prosecutor represents the state against an accused individual.
• A plaintiff initiates a lawsuit against another party.

In this analogy:

• The equivalent of the accused is the defendant, who responds to the plaintiff's claims.

Thus, the correct term to complete the analogy is defendant.

High Courts in India possess extraordinary jurisdiction to issue various writs under Article 226 of the Indian Constitution.

This provision grants High Courts the authority to:

• Issue writs for the enforcement of fundamental rights.
• Provide legal remedies for any violation of rights.
• Ensure justice is accessible to all individuals.

Article 226 is significant because it empowers High Courts to act swiftly in cases where justice needs to be served, thereby enhancing the protection of citizens' rights.