Test: Judiciary & Legal Rights, Issues - UPSC MCQ

2018-April: "The right to marry a person of one's choice is integral to Article 21 (right to life and liberty) of the Constitution". SC Judgement on Hadiya Case. Then answer is "b".

• Indian Forest Act was amended to omit the word "bamboos" from the definition of tree, to exempt bamboos grown on non-forest area from the requirement of permit for felling or transit under the said Act, and would encourage bamboo plantation by farmers resulting in the enhancement of their income from agricultural fields. So, #1 is wrong.
• In both b and c, statement #3 is common, so we've to accept it as true without verifying.
Forest rights Act: Section 2(i) Minor forest produce includes bamboo, brushwood, honey, wax etc. So, #2 is right. Thus answer is b.

• Under RTE Act section 23, National Council for Teacher Education (NCTE) decides the minimum qualification. So, #1 is wrong.
• After RTE it is mandatory that only those people may be appointed as teachers who are able to clear TET. So, #2 is right. Thus by elimination, we get the correct answer b: only 2.

Topic was in news during 2018-March: The World Justice Project released its Rule of Law Index 2017-18 report, which measures the extent to which 113 countries have adhered to the rule of law in that perio(d) (India's rank was 62, better than China, Pakistan, Myanmar and Bangladesh; Denmark occupied the top spot.

Judicial review means the power of SC or HC to examine the constitutionality of any law. So, "A" is the most fitting option.

Each Gram Nyayalaya is a court of Judicial Magistrate of the first class and its presiding officer is appointed by the state government in consultation with the High court. Gram Nyayalaya Act; 2008 came into force of Oct, 2, 2009.
The objective of this Act is to Provide inexpensive justice to people in rural areas at their doorsteps.
• Gram Nyayalaya try criminal cases, civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule of the Gram Nyayalaya Act the Act.The Gram Nyayalaya are supposed to try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it can make use of the appointed conciliators. 
• Panchayat Courts also function in some states under various names like Nyaya Panchayat, Panchayat Adalat, Gram Kachehri, etc., to decide civil and criminal disputes of petty and local nature. That means first statement is wrong.
• Under this act, District court with consultation of DM, prepares panel of social workers to act as councilors.
Hence 2nd statement is right.

• The power of the Supreme Court of India to decide disputes between the center and the states falls under its original jurisdiction.
• Original jurisdiction means the power to hear and determine a dispute in the first instance.
• It is under Article 131 of the Indian Constitution.
• The Supreme Court has been given exclusive original jurisdiction which extends to disputes:
  • between the Government of India and one or more States
  • between the Government of India and one or more States on one side and one or more States on the other
  • between two or more States. 
• However, this jurisdiction shall not extend to a dispute arising out of the treaty, agreement, etc. which is in operation and excludes such jurisdiction. The jurisdiction is extremely wide, provided the dispute is a justiciable one.

Additional Information

•  Advisory Jurisdiction:
  • It is under Article 143 of the Constitution.
  • The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. 
• Appellate Jurisdiction:
  • The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence, or order in any cause or matter passed or made by any Court.
• Writ Jurisdiction:
  • A person whose right is infringed by an arbitrary administrative action may approach the Court for an appropriate remedy.
  • The Constitution of India, under Articles 32 and 226 confers writ jurisdiction on Supreme Court and High Courts, respectively for enforcement/protection of fundamental rights of an Individual.

The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes. In every state, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State.

Consumers are empowered to take samples for food testing. In case of death of a consumer his/her legal heir can file a complaint in the consumer forum on his /her behalf.

1st and 3rd are correct statements thus option (a) is right.

Both are correct. Hence the option (c) is right.

The Original Jurisdiction of the Supreme Court includes dispute between the Government of India and one or more States, and dispute between two and more States.

With reference to the Universal Declaration of Human Rights:  Article 25 says everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Article 21(2) says– everyone has the right of equal access to public service in his country. Article 26(1) says–Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages.

Disable students come under the Right to Education and RTE Act provides for free and compulsory education to ‘children’ between the ages six and 14 years, though under the Persons with Disability (PWD) Act, a child refers to a person up to the age of 18 years. So statement 1 is correct.
Please note that Persons with Disability (PWD) Act provides for ramps in public building; adaptation of toilets for wheel chair users; Braille symbols and auditory signals in elevators or lifts; ramps in hospitals, primary health centres and other medical care and rehabilitation institutions. The same Act also states that appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates.

Article : 30 of the constitution of India States that All minorities (whether religious or linguistic) shall have the right to establish and administer educational institutions of their choice.
Article-331 provides for nomination of two anglo-Indians to the Lok-Sabha. But as if now their is no provision for the nomination of religious Minorities to the Lok-Sabha.
However religious minorities can avail benefits from the prime minister’s 15-point programme.

According to Article 143 (Power of President to consult Supreme Court).

The UN Convention on the Rights of the Child (adopted on Nov. 20, 1989) is the first legally binding international instrument to incorporate the full range of human rights i.e. civil, cultural, economic, political and social rights.

Cases that are pending in regular courts can be transferred to a Lok Adalat if both the parties agree. These are usually presided over by retired judges, social Activists, or other members of the legal profession. Lok Adalats can deal with any matter falling within the jurisdiction whether it is of civil or criminal in nature.

When statutory recognition had been given to Lok Adalat, it was specifically provided that the award passed by the Lok Adalat formulating the terms of compromise will have the force of decree of a court which can be executed as a civil court decree.
No appeal lies against the award of a Lok adalat How ever award of lok Adalat can be challenged only by filling writ petition.
The Lok Adalats can deal with all civil cases, Matrimonial Disputes, Land Disputes, Property disputes, compensation claims and compoundable criminal cusses.

Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PIL's in the court.