Test: The Judiciary System of India- 1 - Class 8 MCQ

Organized crime refers to criminal activities that are planned and coordinated by groups or syndicates. Gambling and prostitution are often associated with organized crime due to their illegal nature and potential for lucrative profits. However, in the given options, the category in which gambling and prostitution are included is "social order crimes".

Here is a breakdown of the options and their explanations:

• Option A: Organized Crime
  
  
  
  • Organized crime generally involves activities such as drug trafficking, extortion, and smuggling.
  
  
  • While gambling and prostitution can be associated with organized crime, they are not exclusive to it.
  
  
  
  



• Option B: Crimes against Persons
  
  
  
  • Crimes against persons include offenses such as assault, murder, and kidnapping.
  
  
  • While gambling and prostitution can have negative impacts on individuals involved, they are not primarily classified as crimes against persons.
  
  
  
  



• Option C: Social Order Crimes
  
  
  
  • Social order crimes refer to offenses that violate societal norms and regulations.
  
  
  • Activities like gambling and prostitution are considered social order crimes because they are often regulated or prohibited by law.
  
  
  
  



• Option D: Sins against Religious Teaching
  
  
  
  • This option relates to offenses that are deemed immoral or sinful based on religious beliefs.
  
  
  • While gambling and prostitution may be viewed as sins by certain religious teachings, they are not exclusively categorized as such.
  
  
  
  

Therefore, the correct answer is Option C: Social Order Crimes.

Answer:
The Court of Wards, Administrative General, etc., must be appointed by Any court.
Here is a detailed explanation:
The appointment of the Court of Wards, Administrative General, etc., is not specifically limited to a particular court. It can be appointed by any court. This means that any court, including the Supreme Court or High Court, has the authority to appoint these positions.
- Supreme Court: The highest court in the country. It has the power of judicial review and can interpret and enforce the constitution. However, the appointment of the Court of Wards, Administrative General, etc., is not limited to the Supreme Court alone.
- High Court: The court that has jurisdiction over a specific geographical area and is below the Supreme Court in the hierarchy. Like the Supreme Court, the High Court also has the power to appoint the Court of Wards, Administrative General, etc. However, it is not the only court that can make such appointments.
- Any court: The appointment of the Court of Wards, Administrative General, etc., can be made by any court in the country. This means that even lower courts or specialized courts can have the authority to make such appointments.
Conclusion: The Court of Wards, Administrative General, etc., can be appointed by any court in the country, including the Supreme Court, High Court, or any other court with the necessary jurisdiction.

Consumer welfare refers to the individual benefits derived from the consumption of goods and services. In theory, individual welfare is defined by an individual's own assessment of his/her satisfaction, given prices and income.

Marbury v. Madison Ruling and its Impact
The Marbury v. Madison ruling, handed down by the Supreme Court in 1803, established an important principle in American constitutional law known as "judicial review." This ruling had significant implications for the balance of power among the branches of government and the interpretation of the Constitution. It made several actions possible, including:
1. Invalidating Laws: The Supreme Court gained the power to declare laws or executive actions unconstitutional if they violated the Constitution. This enabled the Court to strike down legislation that it deemed to be in conflict with the Constitution's provisions.
2. Interpreting the Constitution: The Supreme Court became the ultimate arbiter of the meaning and interpretation of the Constitution. It gained the authority to make final decisions on constitutional questions, settling disputes between the other branches of government and providing legal guidance for future cases.
3. Protecting Individual Rights: Judicial review allowed the Supreme Court to safeguard individual rights by striking down laws that violated those rights. This empowered the Court to protect citizens from potential government overreach and ensure the preservation of constitutional liberties.
4. Shaping Constitutional Law: The ruling established the precedent that the Supreme Court has the authority to review and interpret the constitutionality of laws and executive actions. This set the stage for future cases and the development of constitutional law in the United States.
5. Strengthening the Judiciary: The ruling solidified the role of the judiciary as an independent and coequal branch of government. It asserted the power of the Supreme Court to act as a check on the other branches and maintain the balance of power.
Conclusion:
The Marbury v. Madison ruling made possible the practice of judicial review, which grants the Supreme Court the authority to declare laws or executive actions unconstitutional. This landmark decision shaped American constitutional law, protected individual rights, and strengthened the role of the judiciary in the United States.

Index Crimes:
- Index crimes, also known as Part I crimes, are serious offenses that are reported to and tracked by law enforcement agencies.
- These crimes are used to assess the overall crime rate in a given area and to make comparisons between different regions or time periods.
- Index crimes usually include offenses such as homicide, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson.
Analysis of the Options:
A:

being in a football pool

- Being in a football pool is not a crime and is not considered an index crime.
B:

speeding

- Speeding is a traffic violation and not categorized as an index crime.
C:

robbery

- Robbery is a serious offense and falls under the category of index crimes.
D:

all of the above

- This option is incorrect as only one out of the given options is an index crime.
Conclusion:
- The correct answer is option C: robbery.
- Robbery is considered an index crime as it involves the use of force or threat of force to take someone else's property.

Answer:
The correct answer is B: Case law.
Explanation:
Case law refers to the body of law that is derived from judicial decisions of courts, rather than statutes or regulations. When a court makes a ruling on a case, it sets a precedent that becomes binding on future cases with similar facts and legal issues. Here is a detailed explanation of the different options:
- Ordinary law: Ordinary law refers to laws that are enacted by legislative bodies, such as Congress or state legislatures. These laws are typically codified in statutes and regulations.
- Case law: Case law, also known as common law or judge-made law, is derived from the decisions of courts. It is based on the principle of stare decisis, which means "to stand by things decided." This principle ensures consistency and predictability in the legal system.
- Rule of law: The rule of law is a fundamental principle that states that everyone is subject to the law, including government officials. It ensures that laws are applied equally and fairly to all individuals and that no one is above the law.
- Administrative law: Administrative law refers to the body of law that governs the actions and decision-making of administrative agencies. It includes regulations, rules, and decisions made by these agencies.
In summary, case law is the correct answer as it refers to laws made by the judiciary through the decisions of courts.

Probation and Parole as a form of punishment
Probation and parole are forms of punishment that fall under the category of extra-mural treatment. Here is a detailed explanation:
1. Definition of Probation and Parole:
- Probation: Probation is a form of criminal punishment where an individual is allowed to remain in the community under specific conditions instead of serving time in prison.
- Parole: Parole, on the other hand, is the conditional release of a prisoner before the completion of their full sentence, under specific terms and supervision.
2. Characteristics of Probation and Parole:
- Probation and parole aim to reintegrate offenders back into society while ensuring public safety.
- They involve close monitoring and supervision of individuals by probation or parole officers.
- Both probation and parole require individuals to comply with certain conditions, such as regular check-ins, drug testing, and participation in rehabilitative programs.
3. Objectives of Probation and Parole:
- Rehabilitation: The primary goal of probation and parole is to facilitate the rehabilitation of offenders and reduce the likelihood of reoffending.
- Community Safety: Probation and parole aim to protect the community by closely monitoring and supervising individuals to ensure they do not pose a threat.
4. Differences from Other Forms of Punishment:
- Deterrent Punishment: Probation and parole are not considered deterrent punishment because they do not primarily aim to deter others from committing crimes through the threat of punishment.
- Retributive Punishment: Probation and parole do not focus on retributive punishment, which involves the idea of "an eye for an eye." Instead, they emphasize rehabilitation and reintegration.
Therefore, probation and parole are categorized as extra-mural treatment, focusing on rehabilitation and community reintegration rather than deterrence or retribution.

The correct answer is D. Article 29(1) - Right to receive aid from the state.
Explanation:
Here is a breakdown of each option and its corresponding match between the article and the deals:
A. Article 26 - Right to manage religious affairs:
- This is correctly matched. Article 26 of the Constitution grants individuals the right to manage their religious affairs.
B. Article 29(2) - Right not to be discriminated in admission:
- This is correctly matched. Article 29(2) of the Constitution ensures that no citizen shall be denied admission into any educational institution on the grounds of religion, race, caste, sex, or place of birth.
C. Article 30(1) - Right to establish educational institutions:
- This is correctly matched. Article 30(1) of the Constitution provides the right to religious and linguistic minorities to establish and administer educational institutions of their choice.
D. Article 29(1) - Right to receive aid from the state:
- This is not correctly matched. Article 29(1) of the Constitution guarantees protection of the interests of minorities, but it does not specifically mention the right to receive aid from the state.
Therefore, option D is the correct answer as it is not correctly matched between the article and the deals.

The term that describes repeat offending by those who have been in prison is recidivism.
Recidivism is a concept that refers to the tendency of individuals who have been previously incarcerated to commit further crimes after their release from prison. It is an important issue in criminal justice as it indicates the failure of the correctional system to effectively rehabilitate and reintegrate offenders into society. Here are some key points to understand about recidivism:
1. Definition: Recidivism is the act of relapsing into criminal behavior after being released from prison or completing a sentence.
2. Measurement: Recidivism rates are typically measured by tracking the number of individuals who are rearrested, reconvicted, or reincarcerated within a specific period after their release.
3. Factors contributing to recidivism: Several factors can contribute to an individual's likelihood of reoffending, including lack of educational and employment opportunities, substance abuse issues, mental health problems, and social isolation.
4. Impact on society: Recidivism not only affects the lives of individuals who fall back into criminal behavior but also has broader implications for public safety, criminal justice resources, and community well-being.
5. Efforts to reduce recidivism: Various strategies and programs have been implemented to address recidivism, including rehabilitative programs in prisons, job training and employment assistance, substance abuse treatment, mental health services, and community-based support programs.
6. Importance of reducing recidivism: Reducing recidivism is crucial for promoting successful reintegration, reducing crime rates, and ensuring the long-term rehabilitation and well-being of individuals who have been involved in the criminal justice system.
In conclusion, recidivism refers to the recurrence of criminal behavior among individuals who have been previously incarcerated. Addressing recidivism requires a comprehensive approach that focuses on rehabilitation, support, and opportunities for individuals to successfully reintegrate into society.

Company: Novartis
Background:
- Novartis is a Swiss-based pharmaceutical company.
- They had applied for a patent for their blood cancer drug Glivec in India.
- The company wanted to prevent Indian companies from manufacturing generic versions of the drug.
Ruling:
- The Supreme Court of India rejected Novartis' plea for the patent and to restrain Indian companies from manufacturing generics.
- The court stated that Novartis' application did not meet the criteria of novelty or inventiveness required for a patent.
- The court also clarified that the Indian patent law allows for the production of affordable generics to ensure access to essential medicines.
Impact:
- The rejection of Novartis' plea allows Indian companies to continue manufacturing and selling generic versions of Glivec.
- This decision has significant implications for access to affordable medication, particularly for patients suffering from blood cancer.
- It reinforces India's stance on promoting generic drug manufacturing and ensuring affordable healthcare for its population.
Conclusion:
- The Supreme Court of India rejected Novartis' plea for a patent on their blood cancer drug Glivec and to restrain Indian companies from manufacturing generics.
- This decision upholds India's position on promoting affordable healthcare and access to essential medicines.