Test: Judiciary - 2 - CUET Humanities MCQ

A judge of the Supreme Court and High Court can be removed by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same session for such removal on the grounds of proved misbehaviour or incapacity.

Article 226 empowers High Courts to issue directions, orders or writs. It is well established that the remedy provided in Article 226 of the Constitution of India is a discretionary remedy and the High Court has always the discretion to refuse to grant such a relief in certain circumstances, even though a legal right might have been infringed. Thus, in any case, it would be proper for the High Court to dispose of the petition summarily or in limine, when no important question of law is raised in a writ petition.

Judicial Review in the Constitution of India is based on procedure established by law. The Indian Constitution adopted the Judicial Review on lines of U.S. Constitution. Parliament is not supreme under the Constitution of India. Moreover, the Supreme Court enjoys a position which entrusts it with the power of reviewing the legislative enactments, both of Parliament and the State Legislatures. Under it, the court conducts one test, i.e. whether the law has been made in accordance with the powers granted by the Constitution to the law-making body and follows the prescribed procedure or not. It gets rejected when it is held to be violative of procedure established by law.

At point 5 in the Concurrent List of the Constitution of India, marriage and divorce, infants and minors, adoption, wills, intestacy and succession, joint family and partition, all aspects of family law are provided.
Thus, under the Constitution of India all aspects of family law are provided in the concurrent list.

The Supreme Court of India came into existence on 26^th January, 1950, with the adoption of the Constitution of India. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council which were then at the apex of the Indian court system.

Article 141 in the Constitution of India 1949 provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India.

Article 124 of the Indian Constitution provides that every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the 3^rd Schedule.

Article 20 of the Indian Constitution of 1949 talks about the protection in respect of conviction for offences and states.

1. No person shall be convicted of any offence, except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
2. No person shall be prosecuted and punished for the same offence more than once.
3. No person accused of any offence shall be compelled to be a witness against himself.

The Sub-section (2) states the principle of 'double jeopardy'. Hence, option (4) is the correct answer.

According to article 124 of the Constitution, Supreme court judges retire at the age of 65. However, there have been suggestions from the judges of the Supreme Court of India to provide for a fixed term for the judges including the Chief Justice of India.

Article 130 permits the Supreme Court to have a seat outside Delhi. According to Article 130, the sitting of the Supreme Court can be possible at a place or places outside Delhi as Chief Justice of India may, with approval of the President of India, from time to time decide.

The Indian Constitution protects the citizens from any partial judgement. This gives the power to the judiciary to make decisions based on the rules of the law, in case of any dispute. Due to such authority, the judiciary of the country is an independent body. The courts of India are not controlled by the government and do not represent any political authority. The independence of judiciary calls for 'separation of powers'. This basically means that both the legislature and the executive branches of the government cannot interfere with the functions and decisions of the judiciary. The judges of both High Courts and the Supreme Court must be appointed without any influence or interference from other branches of the government. Also, it is very difficult to remove a judge from his/her office, once appointed by the judiciary. He can be removed only through a resolution which requires 2/3^rd majority of both the houses of parliament.

In Indian law, it means litigation for the protection of public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court's jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court. Public Interest Litigation is the power given to the public by courts through judicial activism. According to the jurisprudence of Article 32 and 226 of the Constitution of India, the right to move the Supreme Court and High Court respectively, by appropriate proceedings for the enforcement of the rights conferred by part III is guaranteed. Also PIL can be filed under Section 133 of Criminal Procedure Code.

The Supreme Court of India is the highest judicial forum and the final court of appeal under the Constitution of India. The Supreme Court was established on 26^th January, 1950.

The exclusive original jurisdiction of Supreme Court extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other, or between two or more States.
The Supreme Court does not have original jurisdiction to any dispute between a citizen and a State. Thus, option 4 is correct.

Article 235 of the Indian Constitution states that the control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.