Judiciary & Legal Rights - Solved Questions (1995-2009) | UPSC Topic Wise Previous Year Questions PDF Download

Question 1: With reference to Lok Adalats, consider the following statements:      [2009]

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?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer is Option (a)

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 2: How many High Courts in India have jurisdiction over more than one State (Union Territories not included)?    [2008]
(a) 2
(b) 3
(c) 4
(d) 5

Correct Answer is Option (b)

Bombay HC (Maharashtra & Goa); Guwahati (Assam, Manipur, Meghalaya, Nagaland, Tripura, Mizoram and Arunachal Pradesh); Punjab and Haryana HC (Punjab, Haryana)

Question 3: Consider the following statements:    [2008]
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?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer is Option (b)

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

Question 4:  Consider the following statements:    [2007]

1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court.
2. After retirement from the office, a permanent judge of a High Court cannot plead or act in any court or before any authority in India.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer is Option (a)

Statement 2 is incorrect. After retirement a permanent judge of High Court shall not plead or act in a Court or before any authority in India, except the SC and a HC other than the HC in which he had held his office (Art 220).

Question 5: 
Assertion (A): In India, every State has a High Court in its territory.

Reason (R): The Constitution of India provides a High Court in each State.   [2006]
(a) Both ‘A’ and ‘R’ are individually true and ‘R’ is the correct explanation of’ A’.
(b) Both’ A’ and ‘R’ are individually true but’ R’ is not the correct explanation of’ A’.
(c) ‘A’ is true but ‘R’ is false.
(d) ‘A’ is false but ‘R’ is true.

Correct Answer is Option (d)

Article 214 of the Constitution says–There shall be a High Court for each State. Therefore, Reason (R) is correct. But for twenty-nine states and seven union territories we have only 24 High Courts.

Question 6: Who was the Chief Justice of India when Public Interest Litigation (PIL) was introduced to the Indian judicial system?    [2006]
(a) M. Hidayatullah
(b) A. M. Ahmadi
(c) A. S. Anand
(d) P. N. Bhagwati

Correct Answer is Option (d)

PN Bhagwati was CJI during July 1985–Dec 1986. During his tenure as CJI, PIL was introduced to the Indian judicial system.

Question 7: Consider the following statements: [2006]
1. A person who has held office as a permanent Judge of a High Court cannot plead or act in any court or before any authority in India except of the Supreme Court.

2. A person is not qualified for appointment as a Judge of a High Court in India unless he has for at least five years held a judicial office in the territory of India.
Which of the statement(s) given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer is Option (d)

Statement 1 is incorrect because after retirement a permanent judge of High Court shall not plead or act in a Court or before any authority in India, except the SC and a HC other than the HC in which he had held his office (Art 220). 

Statement 2 is incorrect as according to Article 217, a person is not qualified for appointment as a judge of a High Court in India unless he has for at least ten years held a judicial office in the territory of India.

Question 8: Consider the following statements:    [2005]
1. There are 25 High Courts in India.
2. Punjab, Haryana and the Union Territory of Chandigarh have a common High Court.
3. National Capital Territory of Delhi has a High Court of its own.
Which of the statements given above is/are correct?
(a) 2 and 3
(b) 1 and 2
(c) 1, 2 and 3
(d) 3 only

Correct Answer is Option (a)

There were 21 High Courts in India with three new states created in 2000, having their own High Courts (Chattisgarh at Bilaspur, Uttarakhand at Nainital and Jharkhand at Ranchi). Punjab, Haryana and Chandigarh have a common HC at Chandigarh.
In the year 2013, three new High Courts in the northeast - Meghalaya, Manipur and Tripura were created taking the total number of High Courts in the country from 21 to 24.
National Capital Territory of Delhi has a High Court of its own which was established in the year 1966. As if 2018. There are 24 High courts in India.

Question 9: Consider the following statements: [2005]

1. The Parliament cannot enlarge the jurisdiction of the Supreme Court of India as its jurisdiction is limited to that conferred by the Constitution.
2. The officers and servants of the Supreme Court and High Courts are appointed by the concerned Chief Justice and the administrative expenses are charged on the Consolidated fund of India.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer is Option (b)

Statement (1) is not correct as according to Article 138(1) of the Constitution, Parliament can enlarge the jurisdiction and powers of the SC w.r.t. to any of the matters in the Union List. Whereas SC’s jurisdiction w.r.t. to any other matter can be enlarged by a special agreement between Government of India and government of the concerned State.

Question 10: Consider the following statements:    [2005]

1. Article 301 pertains to the Right to Property.
   
2. Right to Property is a legal right but not a Fundamental Right.
   
3. Article 300 A was inserted in the Constitutional Amendment.

Which of the statement given above is/are correct?
(a) 2 only
(b) 2 and 3
(c) 1 and 3
(d) 1, 2 and 3

Correct Answer is Option (a)

Article 301 pertains to Freedom of Trade, Commerce and Intercourse. In the original constitution right to property was a Fundamental Right under Article 19(1) (f). But 44th Amendment Act, 1978 omitted sub clause f, and inserted Article 300A to make right to property a legal right.

Question 11: Consider the following statements: [2004]
1. The highest criminal court of the district is the Court of District and Session Judge

2. The District Judge are appointed by the Governor in consultation with the High Courts.

3. A person to be eligible for appointment as a District Judge should be an advocate or a pleader of seven years’ standing or more, or an officer in judicial service of the Union or the State.

4. When the sessions judge awards a death sentence, it must be confirmed by the High Court before it is carried out.
Which of the statements given above are correct?
(a) 1 and 2
(b) 2, 3 and 4
(c) 3 and 4
(d) 1, 2, 3 and 4

Correct Answer is Option (d)

These provisions are given under Article 233-235 in the chapter of Subordinate Courts in the Constitution of India.

Question 12: According to the National Human Rights Commission Act, 1993, who amongst the following can be its Chairman?    [2004]
(a) Any serving Judge of the Supreme Court
(b) Any serving Judge of the High Court
(c) Only a retired Chief Justice of India
(d) Only a retired Chief Justice of a High Court

Correct Answer is Option (c)

According to NHRC Act 1993, only a retired CJI can become chairman of NHRC, appointed by President on the recommendation of a committee comprising of PM, Speaker of Lok Sabha, Home Minister, Leader of Opposition of both Houses of Parliament and Deputy Chairman of Rajya Sabha

Question 13: Which one of the following is the correct sequence in the descending order of precedence in the warrant of precedence?    [2004]
(a) Attorney General of India–Judges of the Supreme Court–Members the of Parliament–Deputy Chairman of Rajya Sabha
(b) Judges of the Supreme Court–Deputy Chairman of Rajya Sabha–Attorney General of India–Members of the Parliament
(c) Attorney General of India–Deputy Chairman of Rajya Sabha–Judges of the Supreme Court–Members of Parliament
(d) Judges of the Supreme Court–Attorney General of India–Deputy Chairman of Rajya Sabha–Members of Parliament

Correct Answer is Option (b)

President comes first, Vice-President second, Prime Minister third and Governors of states with in their respective State comes fourth in the Warrant of Precedence.
According to Indian order of precedence,
Judges of the Supreme Court – Rank 9
Deputy Chairman of Rajya Sabha – Rank 10
Attorney General of India – Rank 11
Members of Parliament – Rank 21

Question 14: The power to enlarge the jurisdiction of the Supreme Court of India with respect to any matter included in the Union List of Legislative Powers rests with: [2003]
(a) The President of India
(b) The Chief Justice of India
(c) The Parliament
(d) The Union Ministry of Law, Justice and Company Affairs

Correct Answer is Option (c)

Such is the prerogative of the Parliament.

Question 15: Which one of the following High Courts has the Territorial Jurisdiction over Andaman and Nicobar Islands?    [2003]
(a) Andhra Pradesh
(b) Kolkata
(c) Chennai
(d) Orissa

Correct Answer is Option (b)

The U.T. of Andaman and Nicobar Islands comes under the jurisdiction of high court of Calcutta under its extended jurisdiction Act 1953.

Question 16: The salaries and allowances of the Judges of the High Court are charged to the:     [2002]
(a) Consolidated Fund of India
(b) Consolidated Fund of the State
(c) Contingency Fund of India
(d) Contingency Fund of the State

Correct Answer is Option (b)

The salaries and allowances of the Judges of the HC are charged to the Consolidated Fund of the state but their pensions are payable as Charged Expenditure /Art 112(3).

Question 17: In the Indian Constitution, the Right to Equality is granted by five Articles. They are: [2002]
(a) Article 16 to Article 20
(b) Article 15 to Article 19
(c) Article 14 to Article 18
(d) Article 13 to Article 17

Correct Answer is Option (c)

Fundamental Rights have been categorised into 6 groups: Right to Equality (14-18), Right to Freedom (19-22), Right against Exploitation (23 and 24), Right to Freedom of 

Religion (25 and 28), Cultural & Educational Rights (29 and 30), Right to Constitutional remedies (32).

Question 18: Which one of the following rights was described by Dr. B.R. Ambedkar as the heart and soul of the Constitution?    [2002]
(a) Right to Freedom of Religion
(b) Right to Property
(c) Right to Equality
(d) Right to Constitutional Remedies

Correct Answer is Option (d)

Right to Constitutional Remedies under article 32 is a Fundamental Right. It was called the very soul of Indian constitution and very heart of it, by B.R. Ambedkar.

Question 19: The Supreme Court of India tenders advice to the President on a matter of law or fact:   [2001]
(a) on its own initiative
(b) only if he seeks such advice
(c) only if the matter relates to the Fundamental Rights of citizens
(d) only if the issue poses a threat to the unity and integrity of the country

Correct Answer is Option (b)

As per provisions under Article 143

Question 20: Consider the following statements regarding the High Courts in India:    [2001]
1. There are eighteen High Courts in the country.
2. Three of them have jurisdiction over more than one state.
3. No Union Territory has a High Court of its own.
4. Judges of the High Court hold office till the age of 62.
Which of these statements is/are correct?
(a) 1, 2 and 4
(b) 2 and 3
(c) 1 and 4
(d) 4 only

Correct Answer is Option (d)

There are 24 High Courts in India at present. Six (Bombay, Calcutta, Guwahati, Kerala, Madras and Punjab and Haryana High Court) of them have jurisdiction over more than one state. National Capital Territory of Delhi has High Court of its own.

Question 21: A British citizen staying in India cannot claim the right to:

    [1999]
(a) Freedom of trade and profession
(b) Equality before the Law
(c) Protection of life and personal liberty
(d) Freedom of religion

Correct Answer is Option (a)

Fundamental Rights available only to citizens and not to foreigners: Rights available under Article- 15, 16, 19, 29 & 30. Fundamental Rights available to bath citizens and foreigners (except enemy aliens): Rights available under Article – 14, 20, 21, 21(A), 22, 23, 24, 25, 26, 27 and Article- 28.

Article 19(1) (g) of constitution of India provides Right to practice any profusion or to carry on any occupation, trade or business to all citizens subject to caution restrictions.

Question 22: Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R).    [1997]
Assertion (A): Wilful disobedience or non-compliance of Court orders and use of derogatory language about judicial behaviour amount to Contempt of Court.

Reason (R): Judicial activism cannot be practised without arming the judiciary with punitive powers to punish contemptuous behaviour.

In the context of the above two statements which one of the following is correct?
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

Correct Answer is Option (b)

Assertion and Reason as independent statements are true but does not explain each other.

Question 23: The power of the Supreme Court of India to decide disputes between the Centre and the State falls under its:    [1996]
(a) advisory jurisdiction
(b) appellate jurisdiction
(c) original jurisdiction
(d) constitutional jurisdiction

Correct Answer is Option (c)

According to Article 131, The SC has original jurisdiction in any dispute - (a) between the Government of India & one or more States; or (b) between the Government of India and any State or States on one side and one or more other States on the other; or (c) between two or more States

Question 24: When the Chief Justice of a High Court acts in an administrative capacity, he is subject to:    [1996]
(a) the writ jurisdiction of any other judges of the High Court.
(b) special control exercised by the Chief Justice of India.
(c) discretionary powers of the Governor of the state.
(d) special powers provided to the Chief Minister.

Correct Answer is Option (a)

Article – 226 of the constitution empowers a high court to issue writs.

Also when the chief justice of a High court acts in an administrative capacity, be is subject to the writ jurisdiction of any other judges of the High court.

Question 25: According to the Constitution of India the term 'district judge' shall not include:    [1996]
(a) chief presidency magistrate
(b) sessions judges
(c) tribunal judge
(d) chief judge of a small cause court

Correct Answer is Option (c)

Under article 236 of the Constitution, The term "District Judge" includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge and assistant sessions judge and additional sessions judge.

Question 26: Consider the following statements:    [1996]
No one can be compelled to sing the National Anthem since:
1. it will be violative of the Right to Freedom of Speech and Expression
2. it will be violative of the Right to the Freedom of Conscience and practise and propagation of religion
3. there is no legal provision obliging anyone to sing the National Anthem
(a) 1 and 3 are correct
(b) 2 and 3 are correct
(c) 1, 2 and 3 are correct
(d) none is correct

Correct Answer is Option (c)

All statements are correct.

Question 27: Prohibition of discrimination on grounds of religion etc. (Article 15 of the Constitution of India) is a Fundamental Rights classifiable under: [1995]
(a) the Right to Freedom of Religion
(b) the Right against Exploitation
(c) the Cultural and Educational Rights
(d) the Right to Equality

Correct Answer is Option (d)

Article 14to18 are covered under Right to Equality. Article 23 and 24 - Right against Exploitation. Article 25to28 - Right to Freedom of Religion. Article 29 and 30 - Cultural and Educational Rights.