Test: Judiciary - 1 - UPSC MCQ

Article 21 of the Constitution of India, 1950 provides that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” ‘Life’ in Article 21 of the Constitution is not merely the physical act of breathing. It does not connote mere animal existence or continued drudgery through life. It has a much wider meaning which includes right to live with human dignity, right to livelihood, right to health, right to pollution free air, etc.

The Supreme Court of India was inaugurated on January 28, 1950. It succeeded the Federal Court of India, established under the Government of India Act of 1935.

Article 124 to 147 in part V of the Constitution deal with me organisation, independence, jurisdiction, powers, procedures and so on of the Supreme Court. The Parliament is also authorised to regulate them.

The high court looks after the issues which are not solved in district court.high court's were first established in three presidency cities of calcutta, bombay and madras in 1862. The high court of delhi came up in 1966.

Civil cases usually involve private disputes between persons or organizations. Therefore an eviction of the tenant can be termed a civil case.

An independent judiciary is essential for upholding the law and enforcing fundamental rights because it prevents the misuse of power by the legislature and executive. This separation of powers ensures that the judiciary can impartially interpret laws and protect individuals from any potential abuse of authority by other branches of government.

The Right to Constitutional Remedies empowers Indian citizens to seek legal remedy in court if they believe their fundamental rights have been infringed by the State. This right aligns with the idea of judicial review, where the judiciary has the authority to review and invalidate laws that contradict the constitution's fundamental principles. Therefore, the Right to Constitutional Remedies and judicial review are interconnected in safeguarding individual rights and upholding the constitution's integrity.

The introduction of Public Interest Litigation (PIL) in the 1980s simplified the legal process by allowing individuals or organizations to file PILs in the High Court or Supreme Court, thereby increasing access to justice. This mechanism enabled the judiciary to address issues affecting the public interest effectively.

In the Olga Tellis case, the judges emphasized that the Right to Livelihood is an essential component of the Right to Life. This implies that the right to work and earn a livelihood is inherent in the broader right to life, ensuring that individuals can sustain themselves and live with dignity.

An independent judiciary means that the courts are not controlled by the government. This is important because if the government could control the courts, it might not be fair to everyone. The independence of the judiciary helps ensure that judges can make decisions fairly and without being influenced by the government.

• Currently there are 25 high courts. while many states have their own high courts, Punjab and haryana share a common high court at chandigarh, and Four northeast states have a common high court at guwahati.
• Amongst the Union Territories Delhi has a High Court of its own. Each High Court shall consist of a Chief Justice and other such judges appointed by the President of India.

Single integrated judicial system means that all the administration in courts has to be based on the same principle and has one apex court. In case of India Supreme court is the apex court which has high courts under it and so on.

The correct answer is (C) Chief Justice.
Explanation: The Supreme Court is presided over by the Chief Justice. Here are some key points about the Chief Justice and their role in the Supreme Court:
- The Chief Justice is the highest-ranking judge in the Supreme Court.
- They are responsible for overseeing the administration and operation of the court.
- They serve as the main spokesperson for the court and represent the institution in its relations with other branches of government.
- The Chief Justice presides over oral arguments, assigning which justice will write the majority opinion in each case.

The People’s Union of Civil Liberties filed a Public Interest Litigation (PIL) in the Supreme Court to emphasize that the Fundamental Right to Life guaranteed in Article 21 of the Constitution includes the Right to food. This legal action was taken to address the discrepancy where despite millions facing food shortages, government godowns were brimming with grains, highlighting a clear violation of the right to food.

In simple words, the Supreme Court introduced something called Public Interest Litigation (PIL) to make it easier for people to get help when their rights are not respected. This means that if someone is treated unfairly, they can ask the court to help them, even if they don't have a lot of money. So, the statement is True because PIL was created to help people who can't easily go to court by themselves.

The accused went to the High Court because they were unhappy with the decision of the Trial Court. This is a common procedure in the judicial system where a party can appeal to a higher court if they are dissatisfied with the lower court's verdict.

Judicial review is the power of the judiciary to examine the constitutionality of legislative acts and executive actions. It ensures that laws and government actions do not violate the Constitution.

'Justice delayed is justice denied' implies that if legal redress or equitable relief to an injured party is available but is not provided in a timely fashion, it is as good as having no justice at all. Timely justice is essential to ensure fairness and uphold the rule of law.