Judiciary MCQ Quiz - Objective Question with Answer for Judiciary - Download Free PDF

The correct answer is Two.

Key Points

• In Uttar Pradesh, Subordinate Judiciary is divided into two parts.
• Two parts of Uttar Pradesh Subordinate judiciary are
  • UP Civil Judicial Services, and
  • UP Higher Judicial Services.
• UP Civil Judicial Services consists of Munsifs and Civil Judges.
• UP Higher Judicial Services consists of Civil and Session Judges.
• To deal with cases at different levels Uttar Pradesh also has some subordinate courts.
  • District Courts,
  • Family Courts,
  • Lok Adalat, and
  • Special Courts.

Additional Information

• Uttar Pradesh High Court is situated in Allahabad.
• Allahabad High Court was established in 1866.
• It was originally known as the High court of Judicature for the Northwestern Provinces in Agra.
• The high court has a permanent circuit bench at Lucknow.
• Allahabad high court has a sanctioned strength of 160.

The correct answer is Habes Corpas.

• Writ means written command in the name of the court.
• It is a legal document that is issued by a Court that orders a person or entity to perform a particular act or to stop performing a specific deed.

Key Points

• Article 32 of the Indian Constitution makes deals with the law of issuing the writs by the Supreme Court.
• Article 226 of the Indian Constitution deals with the law of issuing the writs by the High court.
• In India, only 'prerogative writs' are issued which are issued under different circumstances.
• Prerogative writs are of five kinds:

1. Habeas corpus
2. Quo warranto
3. Mandamus
4. Prohibition
5. Certiorari

• Habeas Corpus writ is issued for securing the liberty of an individual.
• It is a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
• It aims to ensure that a fast judicial review is provided in case of unlawful detention hampering the liberty or freedom of the prisoner.

The correct answer is Article 131

Key Points:

• Supreme Court has exclusive original jurisdiction.
• In which no other court can decide such disputes and original means, the power to hear such disputes in the first instance, not by way of appeal.
• Under Article 131, the Supreme Court Supreme has original jurisdiction to deal with any dispute between
  • the Centre and one or more states; 
  • the Centre and any state or states on one side and one or more states on the other;
  • between two or more states.
• With regard to the exclusive original jurisdiction of the Supreme Court,
  • the dispute must involve a question on which the existence or extent of a legal right depends.
  • any suit brought before the Supreme Court by a private citizen against the Centre or a state cannot be entertained under this. 
• In 1961, the first suit, under the original jurisdiction of the Supreme Court, was brought by West Bengal against the Centre. 

Additional Information:

• The Jurisdiction and powers of the Supreme Court be classified into
  • Original Jurisdiction
  • Writ Jurisdiction
  • Appellate Jurisdiction
  • Advisory Jurisdiction
  • A Court of Record
  • Power of Judicial Review
• Article131, Original jurisdiction of the Supreme Court
• Article 132, Appellate jurisdiction of Supreme Court in appeals from high courts in certain cases
• Article 133, Appellate jurisdiction of Supreme Court in appeals from high courts in regard to civil matters
• Article 134, Appellate jurisdiction of Supreme Court in regard to criminal matters

Key Points

• A Judge of a High Court can be appointed by the President of India under Article 217 of the Indian Constitution.
• The consultation process involves the Chief Justice of India, the Chief Justice of the concerned High Court, and the Governor of the respective state.
• The Chief Justice of India is the highest judicial authority in the country, and he/she is responsible for the administration of the Supreme Court.
• The Chief Justice of India must consult with two senior most Judges of the Supreme Court, but it is not the only consultation process.
• The Chief Justice of India and the Chief justice of High Court in which the appointment is to be made are not the only authorities involved in the consultation process.
• The Council of Ministers has no role in the appointment of a Judge of a High Court.

Additional Information

• The removal procedure of a High Court judge is as follows:
  • A judge of a high court can be removed from his office by an order of the President.
  • The President can issue the removal order only after an address by the Parliament has been presented to him in the same session for such removal.
  • The address must be supported by a special majority of each House of Parliament (i.e., a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). 

The correct answer is It is an anti-corruption organization of the State of Uttar Pradesh.

Key Points

• Lokayukta of Uttar Pradesh is an anti-corruption organization of the state.
• The position of Lokayukta was established under the Lokayukta act 1975.
• Lokayukta is appointed by the Governor of the state.
• Vishambar Dayal is the first elected Lokayukta of Uttar Pradesh on 14^th September 1977.
• Lokayukta has a term of 8 years.
• Sanjay Mishra is the current Lokayukta of Uttar Pradesh.

Hence, only option 1 is correct regarding the Lokayukta of Uttar Pradesh.

The correct answer is Article 71.

Key Points

• Article 71 of the Indian Constitution states that all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court.
• This provision ensures that the Supreme Court has the final authority in resolving any issues related to the election of these high offices, maintaining the integrity of the electoral process.
• The mechanism provided in Article 71 helps prevent any political ambiguity regarding the election outcomes, thereby strengthening public trust in the electoral system.
• The Supreme Court of India is the apex court of the Indian judicial system.

Additional Information

• Article 69 deals with the Oath or affirmation by the Vice-President.
• Article 70 discusses the circumstances under which the President can continue in office despite the vacancy.
• Article 68 Time of holding election to fill vacancy in the office of Vice President and the term of office of person elected to fill casual vacancy
• Article 66 deals with the election of the Vice-President.
• Article 54 of the Constitution of India is about the election of the President of India.
• Article 55 of the Indian Constitution outlines the manner of election of the President of India.

The correct answer is Article 32.

Key Points:

• Article 32 provides the right to Constitutional remedies which means that a person has the right to move to Supreme Court (and high courts also) for getting his fundamental rights protected. While the Supreme Court has the power to issue writs under Article 32, High Courts have been given the same powers under Article 226.

Important Points:

• Mandamus means "a command" which is issued by the court to enforce fundamental rights whenever a public officer or a government representative has committed an act of violating a person’s fundamental rights.
• Habeas Corpus means “to produce the body”  which is issued to let the court know the grounds of confinement. This protects an individual's Liberty.
• Quo Warranto means "By what authority". It is issued by the court to enquire into the legality of a claim which a person asserts to public office. This writ enables the public to see that a public office is not usurped.
• Certiorari means "to be certified". It is issued to a Lower court after a case has been decided by it, quashing the decision or order by the High court or Supreme court. It ensures that the jurisdiction of an inferior Court or Tribunal is properly exercised.

 Additional Information

The correct answer is Harilal J. Kania.

Key Points

• Harilal Jekisundas Kania was the first Chief Justice of India.
  • He was the Chief Justice of India from 1950 to 1951.
  • He read the oath of chief justice of India to Dr Rajendra Prasad(India's first President).
  • H. J. Kania served as acting editor of the Indian Law Reports.
  • Mandakolathur Patanjali Sastri was the second Chief Justice of India.
  • Justice Mehr Chand Mahajan was the third Chief Justice of the Supreme Court of India.
  • Sudhi Ranjan Das (S.R. Das) was the 5th Chief Justice of India.

The Correct Answer is Kerala.

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.

Important Points

• Bombay High Court: The high court's jurisdiction extends to the states of Goa and Maharashtra, as well as the Union Territories of Dadra and Nagar Haveli and Daman and Diu.
• Calcutta High Court: West Bengal and the Union Territory of Andaman and Nicobar Islands are under the jurisdiction of the Calcutta High Court. 
• Madras High Court: Tamil Nadu and the Union Territory of Puducherry are under the jurisdiction of the High Court. 
• Gauhati High Court: Assam, Arunachal Pradesh, Mizoram, and Nagaland are the four states that the High Court has jurisdiction over. 
• Kerala High Court: Kerala and the Union Territory of Lakshadweep are under the jurisdiction of the High Court. 
• Punjab and Haryana High Court: Punjab and Haryana, as well as the Union Territory of Chandigarh, are under the jurisdiction of the High Court.

Additional Information

•  Lakshadweep:
  • Formation: 1 November 1956
  • Capital: Kavaratti Government
  • Administrator: Praful Khoda Patel
  • MP: Mohammed Faizal P. P. (NCP)

The correct answer is President or some person appointed by him.

Important Points

Oath or Affirmation

• A person appointed as a judge of the Supreme Court, before entering upon his office, has to make and subscribe an oath or affirmation before the President, or some person appointed by him for this purpose. Hence, option 2 is correct.
• In his oath, a judge of the Supreme Court swears:
  1. to bear true faith and allegiance to the Constitution of India;
  2. to uphold the sovereignty and integrity of India;
  3. to duly and faithfully and to the best of his ability, knowledge and judgement perform the duties of the Office without fear or favour, affection or ill-will; and
  4. to uphold the Constitution and the laws.

Additional Information

Qualifications of Judges

• A person to be appointed as a judge of the Supreme Court should have the following qualifications:
  1. He should be a citizen of India.
  2. He should have been a judge of a High Court (or high courts in succession) for five years; or
  3. He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
  4. He should be a distinguished jurist in the opinion of the president.

From the above, it is clear that the Constitution has not prescribed minimum age for appointment as a judge of the Supreme Court.

The correct answer is Calcutta High court.

Key Points

• 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.

The correct answer is 26th January 1950.

Key Points

• The Supreme Court in India was established under the Regulating Act, of 1773.
• The Regulating Act of 1773 established a Supreme Court at Fort William, Calcutta.
• Harilal Jekisundas Kania was the first Chief Justice of India.
• The Supreme Court came into existence on 26 January 1950 with the coming into force of the Constitution. The Supreme Court initially functioned from the old Parliament House till it moved to the present building located on Tilak Marg, New Delhi in 1958.
• On 28 January 1950, two days after India became a Sovereign Democratic Republic, the Supreme Court was inaugurated. The inauguration took place in the Chamber of Princes in the old Parliament building where the Federal Court of India sat for 12 years from 1937 to 1950.
• The inauguration took place in the Chamber of Princes in the Parliament building which also housed India's Parliament, consisting of the Council of States and the House of the People.
• In the Chamber of Princes, the Federal Court of India had sat for 12 years between 1937 and 1950.
• This was to be the home of the Supreme Court for years that were to follow until the Supreme Court acquired its own present premises.
• It replaced both the Federal Court of India and the Judicial Committee of the Privy Council.
• The First proceedings took place on 28 January 1950 at 9:45 am.​

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The correct answer is the President of India in consultation with senior judges of Supreme Court and High Court

• The Chief Justice of India (CJI) is appointed by the President of India under clause (2) of Article 124 of the Constitution.
• The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary.
• The other judges are appointed by the president after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the chief justice is obligatory in the case of the appointment of a judge other than Chief justice.
• 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 Kolkata.

Key Points

• The first high court of India was established in Kolkata.
• It was formerly called the High Court of Judicature at Fort William.
• It was issued under the Indian High Courts Act 1861.
• It was formally opened on 1 July 1862.
• Sir Barnes Peacock as its first Chief Justice of the Calcutta High Court.
• Justice Sumboo Nath Pandit was the first Indian to assume office as a Judge of the Calcutta High Court.

Additional Information

• The Chief Justice of the High Court is appointed by the President.
• Every high court shall consist of a Chief Justice and such other Judges as the President may decide.
• Judges of the High Courts are removed by the President on the same grounds and manner as the judges of the Supreme Court are removed.
• The oath and affirmation to the judges of the High Court are administered by the Governor of the State.
• A judge of the High Court can resign his office by writing to the President.

The correct answer is President.

Key Points

• Supreme Court provisions are mentioned in Part V of the constitution under Article 124 to 147.
• The Judges of the Supreme court are appointed by President. The CJI is appointed by President after consultation with such judges of SC and HC as he deems necessary.
• Qualification of SC Judges-
  • He should be a citizen of India
  • He should have been a judge of HC for five years, or He should have been an advocate of an HC for 10 years or He should be a distinguished jurist in the opinion of the President.
• He can be removed from his office by President on the recommendation of Parliament.

Important Points

• Article 124- Establishment and Constitution of SC
• Article 126-Acting Chief Justice
• Article 127-Ad Hoc Judges
• Article129 - SC to be a court of record
• Article 147- Interpretation of Constitution