Judiciary - Constitutional, Civil and Criminal Courts Processes Free MCQ

Article 143 of the Indian Constitution allows the Supreme Court to provide advisory opinions on matters referred to it by the President. While these opinions are not legally binding, they serve as important guidance on constitutional and legal matters.

The Doctrine of Severability enables courts to separate unconstitutional provisions of a statute from those that are valid, ensuring that the latter can still be enforced. This principle is essential for maintaining the integrity of legislation even when parts of it are found to be unconstitutional.

A bailable offence is characterized by the right to bail upon arrest, meaning that the accused can secure release without a difficulty. In contrast, non-bailable offences do not guarantee bail and are subject to the court's discretion, often indicating more serious crimes.

The doctrine of res judicata prevents the same matter from being litigated again between the same parties once it has been decided by a competent court. This principle upholds the finality of judgments and conserves judicial resources by avoiding repetitive litigation on the same issues.

Writ Petitions are legal provisions that allow individuals to seek remedies for violations of their rights in High Courts. These petitions enable citizens to challenge unlawful actions by public authorities and seek enforcement of their fundamental rights.

High Courts play a vital role in upholding the Constitution and the Basic Structure Doctrine by handling writ petitions under Articles 226 and 227. This authority allows them to ensure that individual rights are protected and that laws comply with constitutional mandates.

Civil courts primarily resolve disputes between individuals or entities regarding rights and obligations, such as contracts and property issues. In contrast, criminal courts deal with offenses against the state and impose penalties for violations of criminal law.

Option D is correct.

The Supreme Court of India exercises exclusive original jurisdiction in disputes involving the Government of India and one or more states, or between two or more states, as provided by Article 131. Cases falling under this provision can be instituted directly in the Supreme Court.

The Court also has an advisory jurisdiction under Article 143, where the President may refer questions of law or fact for the Court's opinion. This advisory power does not permit the Court to decide ordinary private disputes unless a reference is made by the President.

Option B was therefore modified to read "Advisory jurisdiction over private disputes", which is incorrect; advisory jurisdiction is limited to presidential references. Hence, among the given choices, Exclusive Original Jurisdiction is the correct answer.

The Supreme Court of India primarily serves the function of interpreting the Constitution and reviewing legislative and executive actions. This power of judicial review allows the Court to ensure that laws and actions do not violate the Constitution or infringe upon fundamental rights, thereby maintaining the rule of law and protecting citizens' rights.

The Basic Structure Doctrine establishes that while the Constitution can be amended, the core principles or 'basic structure' must remain intact. This doctrine was formulated to protect essential features of the Constitution, such as democracy and the rule of law, ensuring that amendments do not undermine these foundational principles.

The Supreme Court of India can strike down legislation if it is found to exceed the powers granted by the Constitution or violate fundamental rights. This power reinforces the checks and balances in the legal system and protects the Constitution's supremacy.

Correct answer: B

The Basic Structure Doctrine was first articulated by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973), where the Court held that although Parliament has the power to amend the Constitution, it cannot alter its basic structure.

The earlier decision in Golaknath (1967) concluded that Parliament could not curtail Fundamental Rights by amendment, but it did not formulate the Basic Structure Doctrine; that specific doctrine was clearly enunciated in Kesavananda Bharati.

The principle was subsequently reaffirmed in later cases such as Minerva Mills (1980), which reinforced the limitation on Parliament's amending power.

Article 32 of the Indian Constitution empowers the Supreme Court to issue writs for the enforcement of fundamental rights. This is a crucial mechanism through which individuals can seek justice when their rights are violated, underscoring the Court's role as a protector of civil liberties.

Article 141 of the Indian Constitution stipulates that the law declared by the Supreme Court is binding on all courts within India. This provision reinforces the hierarchical structure of the judiciary, ensuring uniformity in the interpretation and application of the law across the country.

The primary purpose of filing a First Information Report (FIR) is to officially record an informant's complaint regarding a cognizable offence. This report initiates the criminal process, allowing police to investigate and gather evidence relevant to the case.