Test: The Judiciary System of India- 2 - Class 5 MCQ

Mandakolathur Patanjali Sastri was the second Chief Justice of India, serving in the post from 7 November 1951 to 3January 1954. Kailas Nath  Wanchoo was the tenth Chief Justice of India. Hans Raj Khanna was a judge of the Supreme Court of India (1971-1977).

Shirani Bandaranayake, the 43rd Chief Justice of Sri Lanka, was impeached by Parliament and then removed from office by President Mahindra Rajapaksa in January 2013. Bandaranayake was accused of a number of charges including financial impropriety and interfering in legal cases, all of which she has denied. 

Scope for 'judicial review' is not available under the unitary system because under the unitary system, unlike the federal system, there is no scope of this democratic tool since all powers are vested only in the central government.

Yousaf Saleem, who belongs to Lahore, has been sworn-in as the first-ever visually impaired judge of Pakistan. He was among 21 judges who took the oath to be sworn in as a civil judges on June 26, 2018. Yousaf is the son of a charted accountant and is visually impaired by birth. He has four sisters and two of them are also visually impaired. His sister Saima Saleem became first visually impaired civil servant in 2007 and is currently serving with Prime Minister Secretariat while the other sister is a university lecturer.

Justice Antony Dominic has been sworn-in as the new Chief Justice of Kerala on February 9, 2018. Kerala Governor P. Sadasivam administered the Oath of Office in the presence of Chief Minister Pinarayi Vijayan at Raj Bhavan in Thiruvanthapuram. Chief Secretary Paul Antony read out the Presidential order appointing Justice Dominic as the Chief Justice of the state. Senior High Court judges, judicial officers, cabinet ministers, political leaders and other officials filled the audience.

This case was decided on Feb 27, 1967. In this case, the Supreme court gave the judgement that the Indian Parliament has no power to curtail Fundamental Rights which are given under Part III of the Constitution. This case was heard by a constitutional bench of 11 judges. 
In the case of Golak Nath v. the State of Punjab, the Chief justice Kokka Subba Rao had first invoked the doctrine of prospective overruling. This doctrine is taken from the American Judicial system. Here the doctrine of prospective overruling means that the law declared by the court applies to the cases arising in future only.
In this case, it was held that this doctrine can be invoked only in constitutional matters but now it has been extended to the interpretation of the ordinary statutes as well.

The 9-member committee, headed by former ISRO chief K Kasturirangan, was constituted by the Union HRD Ministry to draft new National Education Policy (NEP) on June 2017. The committee will submit its report by March 31, 2018. After that, the HRD Ministry will deliberate on the report and thereafter suggestions of the committee will be presented to the Union Cabinet for its approval. The committee also includes former IAS officer KJ Alphonse and Ram Shanker Kureel, who has a wide experience in the field of agricultural sciences and management. The committee has been appointed keeping in mind that the members bring expertise related to the diverse areas of education. Significantly, the panel also reflects the diversity of the country as the members belong to different sections as well as regions. The existing NEP was framed in 1986 and revised in 1992.

C K Prasad, the retired judge of the Supreme Court of India (SCI), has been appointed the chairman of the Press Council of India (PCI) for a second term. Prasad headed the media watchdog for three years from November 2014. He had succeeded Justice Markanday Katju. The Press Council of India is a statutory body with a mandate to act as a watchdog to oversee the conduct of the print media. It was reconstituted for three years in October, 2014 and the term ended in October 2017. According to the Press Council Act, the council shall consist of a chairman and 28 other members.

The correct answer is Calcutta High court.

• Calcutta High court is the oldest high court in India, it was established in the year 1862.
• In the same year, Bombay and Madras High court were established.
• Bombay, Madras, and Calcutta are the three chartered high courts in India.
• There are currently twenty-five high courts in India as of September-2020.
• Telangana and the Andhra Pradesh high courts are the newly-formed high courts of India, which were formed in the year 2019.
• Barnes Peacock was the first chief justice of the Calcutta High court, which assumed charge on 1 July 1862.
• Sir Mathew Richard Sausse was the first chief justice of the Bombay High court.

7^th Constitutional Amendment:

• ​7^th  Constitutional Amendment  Act of  1956  promoted the appointment of the same person as a governor for two or more states.
• It is related to the reorganisation of states
• 7^th Constitutional Amendment also provided for the appointment of additional and acting judges of the high court.
• It has provided for the establishment of a common high court for two or more states. 

Key Points:

• Kerala's High Court has jurisdiction over Lakshadweep. A Munsiff Court is located in Andrott, and it has jurisdiction over the islands of Kavaratti, Andrott, Minicoy, and Kalpeni.
• Another Munsiff Court is located in Amini, and it has jurisdiction over the islands of Amini, Agatti, Kadmat, Kiltan, Chetlat, and Bitra.
• For the jurisdictions in question, these courts often serve as Courts of Judicial Magistrate of First Class.
• The Chief Judicial Magistrate's charge is held by the Judicial Magistrate in Andrott.
• With effect from April 1997, the Kavaratti Sub Court was elevated to the status of District and Sessions Court.

The High Courts of the States come under the jurisdiction of the Supreme Court under India's judicial system.

Golak Nath vs State of Punjab (1967)

• Supreme court held that parliament enjoys only ordinary legislative power but not constituent legislative power and also held that Article 368 was the Procedure to Amend the constitution but does not confer power on parliament to amend the constitution.
• Also held that Fundamental rights have been given a transcendental position and therefore Parliament has no power to amend any of the provisions of Part III of the Constitution of India

• The Chief Justice of India (CJI) is appointed by the President of India under clause (2) of Article 124 of the Constitution.
• The basic procedure to be followed for the appointment of CJI is:
  • Appointment to the office of the Chief Justice of India should be of the senior-most Judge of the Supreme Court considered fit to hold the office.
  • The Union Minister of Law, Justice and Company Affairs would, at the appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India.
  • Whenever there is any doubt about the fitness of the senior-most Judge to hold the office of the Chief Justice of India, consultation with other Judges as envisaged in Article 124 (2) of the Constitution would be made for the appointment of the next Chief Justice of India.
  • After receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs will put up the recommendation to the Prime Minister who will advise the President in the matter of appointment. 

The correct answer is Harilal J Kania.

• Harilal Jekisundas Kaniawas the first Chief Justice of India.
• He was the Chief Justice of India from 14th August 1947 – 26th January 1950.
• He read the oath of chief justice of India to Dr Rajendra Prasad(India's first President).
• He served as acting editor of the Indian Law Reports.