UPSC Civil Service Examination 1976-2016 Indian Polity II

1. The power of the Supreme Court of India to decide disputes between the Centre and the State falls under its:

(a) advisory jurisdiction

(b) appellate jurisdiction

(d) constitutional jurisdiction

Ans .

Explanation :
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

2. When the Chief Justice of a High Court acts in an administrative capacity, he is subject to :

(a) the writ jurisdiction of any other judges of the High Court

(b) special control exercised by the Chief Justice of India

(d) special powers provided to the Chief Minister

Ans .

Explanation :
It his administrative capacity he is subject to writ judiciary in (Article 1720–224).

3. According to the Constitution of India the term 'district judge' shall not include:

(a) chief presidency magistrate

(b) sessions judges

(d) chief judge of a small cause court

Ans .

Explanation :
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.

4. Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R).
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

(d) A is false but R is true

Ans .

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

5. The Supreme Court of India tenders advice to the President on a matter of law or fact:

(a) on its own initiative

(b) only if he seeks such advice

(d) only if the issue poses a threat to the unity and integrity of the country

Ans .

Explanation :
As per provisions under Article 143

6. Consider the following statements regarding the High Courts in India:
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

(d) 4 only

Ans .

Explanation :
There are 21 High Courts in India. 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.

7. The salaries and allowances of the Judges of the High Court are charged to the:

(a) Consolidated Fund of India

(b) Consolidated Fund of the State

(d) Contingency Fund of the State

Ans .

Explanation :
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).

8. 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:

(a) The President of India

(b) The Chief Justice of India

(d) The Union Ministry of Law, Justice and Company Affairs

Ans .

Explanation :
Such is the prerogative of the Parliament.

9. Which one of the following High Courts has the Territorial Jurisdiction over Andaman and Nicobar Islands?

(a) Andhra Pradesh

(b) Kolkata

(d) Orissa

Ans .

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

10. Consider the following statements:
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

(d) 1, 2, 3 and 4

Ans .

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

11. According to the National Human Rights Commission Act, 1993, who amongst the following can be its Chairman?

(a) Any serving Judge of the Supreme Court

(b) Any serving Judge of the High Court

(d) Only a retired Chief Justice of a High Court

Ans .

Explanation :
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

12. Which one of the following is the correct sequence in the descending order of precedence in the warrant of precedence?

(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

(d) Judges of the Supreme Court–Attorney General of India–Deputy Chairman of Rajya Sabha– Members of Parliament

Ans .

Explanation :
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

13. Consider the following statements:
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

(d) 3 only

Ans .

Explanation :
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.

14. Consider the following statements:
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

(d) Neither 1 nor 2

Ans .

Explanation :
The 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.

15. 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.

(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’.

(d) ‘A’ is false but ‘R’ is true.

Ans .

Explanation :
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.

16. Who was the Chief Justice of India when Public Interest Litigation (PIL) was introduced to the Indian judicial system?

(a) M. Hidayatullah

(b) A. M. Ahmadi

(d) P. N. Bhagwati

Ans .

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

17. Consider the following statements:
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

(d) Neither 1 nor 2

Ans .

Explanation :
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.

18. Consider the following statements:
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

(d) Neither 1 nor 2

Ans .

Explanation :
Statement 2 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).

19. How many High Courts in India have jurisdiction over more than one State (Union Territories not included)?

(a) 2

(b) 3

(d) 5

Ans .

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

20. With reference to Lok Adalats, consider the following statements:
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

(d) Neither 1 nor 2

Ans .

Explanation :
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.

21. With reference to Lok Adalats, which of the following statements is correct ?

(a) Lok Adalats have the jurisdiction to settle matters at pre-litigating stage and not those matters pending before any court

(b) Lok Adalats can deal with matters which are civil and not criminal in nature.

(d) None of the statements given above is correct.

Ans .

Explanation :
Cases that are pending in regular courts can be transferred to a Lok Adalat if both the parties agree. These are usually presided over by retired judges, social Activists, or other members of the legal profession. Lok Adalats can deal with any matter falling within the jurisdiction of civil, criminal etc.

22. Which of the following are included in the original jurisdiction of the Supreme Court?
1. A dispute between the Government of India and one or more States
2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State
3. A dispute between the Government of India and a Union Territory
4. A dispute between two or more States

Select the correct answer using the codes given below :

(a) 1 and 2

(b) 2 and 3

(d) 3 and 4

Ans .

Explanation :
The Original Jurisdiction of the Supreme Court includes dispute between the Government of India and one or more States, and dispute between two and more States.

23. With reference to the Delimitation Commission, consider the following statements :
1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(d) Neither 1 nor 2

Ans .

Explanation :
Both are correct. Hence the option (c) is right.

24. What is the provision to safeguard the autonomy of the Supreme Court of India?
1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
2. The Supreme Court Judges can be removed by the Chief Justice of India only.
3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
4. All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.

Which of the statements given above is/are correct?

(a) 1 and 3

(b) 3 and 4

(d) 1, 2, 3 and 4

Ans .

Explanation :
1st and 3rd are correct statements thus option (a) is right.

25. With reference to National Legal Services Authority, consider the following statements:
1. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
2. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(d) Neither 1 nor 2

Ans .

Explanation :
The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes. In every state, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State.

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