Test: Judiciary & Legal Rights, Issues Etc.(2019-2008)


20 Questions MCQ Test UPSC Topic Wise Previous Year Questions | Test: Judiciary & Legal Rights, Issues Etc.(2019-2008)


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QUESTION: 1

Which Article of the Constitution of India safeguards one's right to marry the person of one's choice?

[2019]

Solution:

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".

QUESTION: 2

Consider the following statements:
1. As per recent amendment to the India Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on the forest areas.
2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
3. The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.
Which of the following statements given above is/are correct?

[2019]

Solution:

• 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.

QUESTION: 3

Consider the following statements :
1. As per the Right to Education (RTE) Act, to be eligible for appointment as a teacher in a State, a person would be required to possess the minimum qualification laid down by the concerned State Council of Teacher Education.
2. As per the RTE Act, for teaching primary classes, a candidate is required to pass a Teacher Eligibility Test conducted in accordance with the National Council of Teacher Education guidelines.
3. In India, more than 90% of teacher's education institutions are directly under the State Governments.
Which of the statements given above is/are correct?

[2018]

Solution:

• 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.

QUESTION: 4

"Rule of Law Index" is released by which of the following?

[2018]

Solution:

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.

QUESTION: 5

In India, Judicial Review implies

[2017]

Solution:

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

QUESTION: 6

With reference to the ‘Gram Nyayalaya Act’, which of the following statements is/are correct?
1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases.
2. The Act allows local social activists as mediators/reconciliators.
Select the correct answer using the code given below.

[2016]

Solution:

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.

QUESTION: 7

The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its

[2014]

Solution:

The original jurisdiction of supreme court includes disputes between
(i) The centre and one or more states; or
(ii) The centre and any state or states on one side and one or more states on the other; or
(iii) Between two or more states.
In the above federal disputes, the supreme court has exclusive original jurisdiction. Meaning, no other count can decide such disputes.

QUESTION: 8

With reference to National Legal Services Authority, consider the following statements:
1. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
2. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country.
Which of the statements given above is/are correct?

[2013]

Solution:

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.

QUESTION: 9

With reference to consumers’ rights/privileges under the provisions of law in India, which of the following statements is/are correct?
1. Consumers are empowered to take samples for food testing.
2. When a consumer files a complaint in any consumer forum, no fee is required to be paid.
3. In case of death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.
Select the correct answer using the codes given below:

[2012]

Solution:

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.

QUESTION: 10

What is the provision to safeguard the autonomy of the Supreme Court of India?
1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
2. The Supreme Court Judges can be removed by the Chief Justice of India only.
3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
4. All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.
Which of the statements given above is/are correct?

[2012]

Solution:

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

QUESTION: 11

With reference to the Delimitation Commission, consider the following statements :
1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.
Which of the statements given above is/are correct?

[2012]

Solution:

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

QUESTION: 12

Which of the following are included in the original jurisdiction of the Supreme Court?
1. A dispute between the Government of India and one or more States
2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State
3. A dispute between the Government of India and a Union Territory
4. A dispute between two or more States
Select the correct answer using the codes given below :

[2012]

Solution:

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.

QUESTION: 13

Consider the following :
1. Right to education.
2. Right to equal access to public service.
3. Right to food.
Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights’’?

[2011]

Solution:

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.

QUESTION: 14

India is home to lakhs of person with disabilities. What are the benefits available to them under the law?
1. Free schooling till the age of 18 years in government-run schools.
2. Preferential allotment of land for setting up business.
3. Ramps in public buildings.
Which of the statements given above is/are correct?

[2019]

Solution:

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.

QUESTION: 15

In India, if a religious sect/community is given the status of a national minority, what special advantages it is entitled to?
1. It can establish and administer exclusive educational institutions.
2. The President of India automatically nominates a representative of the community to Lok Sabha.
3. It can derive benefits from the Prime Minister’s 15-Point Programme.
Which of the statements given above is/are correct?

 [2011]

Solution:

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.

QUESTION: 16

Consider the following statements :
The Supreme Court of India tenders advice to the President of India on matters of law or fact:
1. on its own initiative (on any matter of larger public interest).
2. if he seeks such an advice.
3. only if the matters relate to the Fundamental Rights of the citizens.
Which of the statements given above is/are correct?

[2010]

Solution:

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

QUESTION: 17

With reference to the United Nations Convention on the Rights of the Child, consider the following :
1. The Rights of Development
2. The Right to Expression
3. The Right to Recreation
Which of the above is/are the Rights of the child?

[2010]

Solution:

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.

QUESTION: 18

With reference to Lok Adalats, which of the following statements is correct?

[2010]

Solution:

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.

QUESTION: 19

With reference to Lok Adalats, consider the following statements:
1. An award made by a Lok Adalat is deemed to be a decree of a civil court and no appeal lies against there to any court.
2. Matrimonial/Family disputes are not covered under Lok Adalat.
Which of the statements given above is/are correct?

[2009]

Solution:

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.

QUESTION: 20

Consider the following statements:
1. Justice V R Krishna Iyer was the Chief Justice of India.
2. Justice V R Krishna Iyer is considered as one of the progenitors of Public Interest Litigation (PIL) in the Indian judicial system.
Which of the statements given above is/are correct?

[2008]

Solution:

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