6 Judiciary
UNION JUDICIARY
Supreme Court (Articles 124-147)
Supreme court is the final interpreter and guardian of our
constitution. It is also the guardian of Fundamental rights
of the people.
It decides the disputes between centre and states regarding
encroachment of Power, thus maintains the supremacy of
the constitution.
It is the highest court of appeal in India.
Originally the total no. of judges was 7, but in 1977, their
no. was increased to 18. In 1986, it was further raised
to 26 (including CJI). Presently there are 31 judges in
Supreme court.
Constitution does not provide for minimum no. of
Judges who will constitute a bench for hearing cases.
Largest bench constituted so far has been of 13 judges in
Keshavanand Bharati vs. Union of India case in 1973.
Appointment and Removal of Judges
Qualifications to be appointed as a judge of SC:-
He must be a citizen of India.
He must either be a distinguished jurist, or one who
has been a high court judge for at least 5 years or an
advocate of a high court (or 2 or more such courts in
succession) for at least 10 years (Article 124).
No minimum age is fixed for the appointment of a judge.
The CJI is appointed by the President. In this matter, the
President shall consult such judges of the SC and the high
courts as he may deem necessary. A 9 judge bench of the
SC has laid down that the senior most judge of Supreme
Court should be appointed as CJI.
In the appointment of other judges, the President shall always
consult the CJI. He may consult other judges of SC and
high courts as he may deem necessary [Article 124(2)].
Power of appointment is exercised by the President on the
advice of council of ministers.
There is no fixed period of office for SC judges. Once
appointed, they hold office till the age of 65 years. He
can quit office earlier by submitting his resignation to the
President.
He can be removed by an order of President only on the
grounds of proved misbehavior or incapacity. The order
of President in this regard can only be passed after it has
been addressed to both houses of parliament in the same
session, by special majority (majority of the membership
of house and majority of not less than 2/3rd of members of
that house present and voting). [Article 124 (4)].
A SC judge can become CJI but cannot practice before any
other court or act as a Judge before any other authority.
But there is one exception. This is regarding the retired
SC judge appointed as a judge of the SC for a temporary
period by the CJI with the previous consent of President
[Article 128].
Salaries of Judges are determined by the parliament by
law. These cannot be varied to their disadvantage during
their term (except during financial emergency). Their
salaries and expenses are charged on the consolidated
fund of India.
Seat of the SC is in New Delhi. However it can be
shifted elsewhere in India or more benches of SC can
be established in India by CJI in consultation with the
President.
According to Article 129, SC is a Court of Record. It
means:-
Court records are admitted to be of evidentiary value
It can punish for contempt of the court
Contempt is of 2 type: Criminal and Civil.
Judges can be liable for the contempt of their own court.
Original Jurisdiction (Article 131)
It extends to the cases originating in SC alone. No other
court has power to try such cases.
Therefore SC is a federal court. These are between:-
GOI on one side and one or more states on the other
GOI & one or more States on one side and other
states on the other
Two or more states
However such jurisdiction does not apply to the disputes
arising out of a treaty or agreement which is in operation
or wherein provided for such exclusion. These matters
are:-
Exclusion of Jurisdiction of SC by Parliament in case
of use, distribution or control of water of any inter-
state river valley (Article 262).
Financial matters between centre and states (Article
280).
Adjustment of expenses between centre and states
(Article 290).
 2
Appointment of acting Chief Justice specially conform the power of judicial review on the Supreme
When the office of Chief Justice of India is vacant or when Court. However, the constitution itself exempts some provisions
the chief justice is by reason of absence or otherwise unable to from judicial review such as the advice tendered by the council
perform the duties of his office, the duties of the office shall be of minister and State Legislatures, validity and conduct of
performed by such one of the other judges of the court as the proceedings in Parliament delimitation of constituencies etc.
president may appoint for the purpose. Furthermore, in India the Supreme Court can pronounce upon
the constitutionality of a law only if it is contrary to the letter
Attendance of retired Judges at sittings of the of the constitution; it cannot go into the objectives underlying
Supreme Court the law or administrative action and declare it or constitutional.
Notwithstanding anything in this chapter the Chief Justice
of India may at any time,, with the previous consent of the Appellate Jurisdiction
president, request any person who has held the office of a judge Appeal lies with the SC against the high courts in the
of the Supreme Court or of the Federal Court or who was held following 4 categories of cases:-
the office of a judge of a High Court and is duly qualified for (a) Constitutional matters (civil, criminal or others)
appointment as a Judge of the Supreme Court to sit and act Article 132
as a Judge of the Supreme Court to fit and act as a Judge of (b) Civil matters (except constitutional) Article 133
the Supreme Court and every such person so requested shall, (c) Criminal matter (except constitutional) Article 134
while so sitting and acting be entitled to such allowances as the (d) Special leave to appeal Article 136
President may by order determine and have all the jurisdiction Special leave to appeal is issued by SC in its discretion. It
power and privileges of, but shall not otherwise be deemed to cannot be issued in case of judgment passed by a court or
be a judge of that court. tribunal of armed forces.
It can be granted in any judgement whether final or
Provided that nothing in this article shall be deemed to require
interlocutory.
any such person as aforesaid to sit and act as a Judge of that
It may be related to any matter constitutional, civil,
Court unless he consents so to do.
criminal, income-tax, labour, revenue, advocates, etc.
Officers and servants and the expenses of the High court can certify a case involving substantial
Supreme Court question of law as to the interpretation of the constitution
(1) Appointment of officers and servants of the Supreme and thus refer it to SC.
Court shall be made by the Chief Justice of India or such Advisory Jurisdiction
other Judge or officer of the court as he may direct : Article 143 of the constitution provides that if it appears
Provided that the president may by rule require that in to the President that:
such cases as may be specified in the rule, no person not 1. A question of law or fact has arisen or is likely to arise
already attached to the Court shall be appoint to any office 2. A question is of a fact of public importance
connected with the Court save after consultation with the He may refer such question for the advisory opinion of the
Union Public Service Commission. court and the court may after such hearing as it thinks fit,
(2) Subject to the provisions of any law made by parliament report to the President its opinion thereon
the conditions of service of officer and servants of the SC is not bound to give advisory opinion on the matters of
Supreme Court shall be such as may be prescribed by political significance and may refuse to do so.
rules made by the Chief Justice of India or by some other The court, however, is bound to give its advisory
Judge or officer of the Court authorised by the Chief jurisdiction on the matters relating to disputes arising
Justice of India to make rules for the purpose : out of a treaty or agreement entered into before the
Provided that the rules made under this clause shall so far commencement of constitution.
as they relate to salaries allowances, leave or pensions, The advice is not binding on the President and he may
require the approval of the president. accept or reject it.
(3) The administrative expenses of the Supreme Court Law declared by the Supreme Court is binding on all the
including all salaries, allowances and pensions payable to courts in India (Article 141). But Supreme Court itself is
or in respect of the officer and servants of the court, shall not bound by its own decisions. Article 137 empowers SC
be charged upon the consolidated fund of India and any to review its own judgment.
fees or other money taken by the Court shall form part of Under Article l39A (inserted by 44th amendment act
that fund. 1978) SC may transfer to itself cases from one or more
high courts if these involve substantial question of law or
Judicial Review that great significance. SC may transfer cases from one
Judicial review is understood to mean the power of the highest high court to another in the interest of justice.
court of the land to finally pronounce on the legality or Other Powers
otherwise of a legislation in the context of the constitution. In
Besides the above, the Supreme Court has numerous other
India the Supreme Court enjoys the power of judicial review :
powers:
it can pronounce upon the constitutional validity of laws passed
It decides the disputes regarding the election of the
by the Legislature and the actions taken by the administrative
president and the vice-president. In this regard, it has the
authorities. It acts as the guardian of the constitution. Article 32
original, exclusive and final authority.
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It enquires into the conduct and behaviour of the chairman
and members of the Union Public Service Commission on
a reference made by the president. If it finds them guilty
of misbehaviour, it can recommend to the president for
their removal. The advice tendered by the Supreme Court
in this regard is binding on the President.
It is authorised to withdraw the cases pending before the
high courts and dispose them by itself. It can also transfer
a case or appeal pending before one high court to another
high court.
The Supreme Courts jurisdiction and powers with
respect to matters in the Union list can be enlarged by
the Parliament. Further, its jurisdiction and powers with
respect to other matters can be enlarged by a special
agreement of the Centre and the states.
STATE JUDICIARY : HIGH COURT
Article 214 provides that there shall be a high court for
each state. However under Article 231 (1) parliament can
establish by law, a common high court for two or more
states or for two or more states and a UT. There are 21
high courts in India. Out of them three are common high
courts.
Parliament may be law constitute a high court for UT
or declare any court in any such UT to be a high court
(Article 241).
Guwahati high court is the largest high court in India; its
territorial jurisdiction extends to seven states of the North
East.
Kolkata high court has territorial jurisdiction up to
Andaman and Nicobar.
Delhi has a separate high court but the other UTs come
under the jurisdiction of various high courts.
Subordinate Courts
Under the High Court there are three types of courts in the
districts. They are the Civil Courts, the Criminal Courts and the
Revenue Courts. The highest Civil Court in a district is that of
the district judge. They have the power to try civil cases and to
hear appeals. They have additional civil judges to help them.
The less important cases are decided y sub-judges and munsifs.
The highest District Court to try criminal cases is that of the
sessions Judge. The criminal cases are heard by the Magistrates,
too. The district judge also acts as the Sessions Judge in a
district. Appeal cases against the lower courts are heard by the
District Courts and appeals cases against the lower courts are
heard by the district courts and appeals against the decisions
taken by the District Court can be made to the State High Court.
Other Local Courts
In addition to the three type of courts mentioned above, there
are the Panchayati Adalats or Nyaya Panchayats which are also
under the District Judge in some states. Four or Five Gram
Sabha have one such Panchayati Court. They are established to
try small cases of all kinds. Under this system the cases can be
decided fast and need not in value much expenditure.
The Nyaya Panchayats function in ruler areas a similar concept
introduced in some urban area this is called the Lok Adalat
The first Lok Adalat was held in Delhi in 1985, in which one
hundred and fifty cases were decided in a single day.
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3
National Legal Services Authority
In 1987 the Legal Services Authorities Act (LSAA) was enacted
by the parliament, which came in to force on November 9, 1995
to establish a nationwide uniform network for providing free
and Competent Legal Services to the weaker section of the
society on the basis of equal opportunity. The National Legal
Service Authority (NALSA) has been constituted under the
Legal Services Authority Act 1987 the monitor and evalulate
implementation of legal aid programmes and lay down policies
and principles for making legal services available under the Act.
In every state, a State Legal Services Authority and in every
high court a high court legal services committee has been
constituted. District legal services authorities and Taluka Legal
Service Committees have been constituted in the district and
most of the Talukas in order to given effect to the policies and
directions of the NALSA and to provide free legal services to
the people and conduct Lok Adalat in the states.
NALSA issues guidelines for the State Legal Services Authorities
to implement, the legal aid programmes and schemes through
out the country. Primarily, the state legal services authorities,
district legal service authority, Taluka Legal service committee
etc. have been assigned the task of discharging the following
two main functions on regular basis :
(i) To provide free legal services to the eligible persons; and
(ii) To organise Lok Adulats for amicable settlement of
disputes.
Appointment of Judges of High Court
Article 217 provides that every judge of a high court shall
be appointed by the President.
President appoints CJ of high court after consultation with
CJI and the Governor of the state concerned. In case of
appointment of others judges of the high court he may
consult the CJ of high court concerned.
The strength of the judges of the high courts is not the same.
In Re-Presidential Reference Case (popularly known as
Appointment and Transfer of Judges Case), SC held that
the CJI should consult a collegium of two senior most
judges of the SC for the appointment of a judge of SC
or HC.
Further in case of transfer of HC judges, in addition to the
collegium of 4 judges of SC, the CJI is required to consult
CJ of both the HCs (one from where the judge is being
transferred and the other, receiving him).
Article 222 empowers the President after consultation
with CJI to transfer a judge from one HC to another HC.
Qualifications of a Judge of High Court
1 Person must be
2. Citizen of India.
3. Have held a judicial office for at least 10 years or
4. Have been an advocate of one HC or two or more high
courts in succession for at least 10 years
Term of Adhoc Judge
Until he attains the age of 62 years
He may resign by writing to the President.
He may removed by the President on the grounds of
proved misbehavior or incapacity on an address by both
houses of parliament supported by the vote of 2/3rd of
members present and voting in each house.
Thus a judge of the HC can be removed in the same way
as a judge of SC.
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Emoluments HC can transfer cases from one lower court to another
Beside other facilities, CJI and other Judges of HC lower court for disposal.
get a salary of Rs. 90,000 and Rs. 80,000 per month, HC has disciplinary jurisdiction over subordinate court.
respectively. The government has no jurisdiction to take disciplinary
The salaries and allowances of the judges are charged action against a district judge. It is the HC alone which
on the consolidated fund of the state. These cannot be is competent to exercise disciplinary power against a
varied by the parliament to their disadvantage after their judge of the inferior court. This power however cannot be
appointment (except under financial emergency). The exercised over tribunals.
pensions of the judges are charged on the consolidated HC is the highest court of appeal in the state in both civil
fund of India. and criminal cases. In appointment, posting and promotion
After retirement, a permanent judge of HC cannot plead of district judges, the governor consults the high court.
or act in a court of India except SC or HC other than the Writ Jurisdiction
one in which he has held office.
Under Article 226, HC can issue writs in the nature of
Jurisdiction habeas corpus mandamus, prohibition, quo warranto
High court can punish for its contempt. Scope and power and certiorary for:-
of HC is similar to the powers of SC. 1. Enforcement of fundamental rights.
HC exercises supervision over all courts and tribunal 2. Enforcement of legal right or legal duty.
within its jurisdiction (exceptions courts or tribunals Therefore, writ jurisdiction of HC has wider scope as
established by armed forces). compared to that of SC under Article 32, which extends
This is very wide power. It is not confined only to only to fundamental rights.
administrative superintendence but also judicial These writs are also called prerogative writs
superintendence over all subordinate courts within its Writs issued by HC cannot run beyond territories subject
jurisdiction. to its jurisdiction.
A HC can withdraw a case pending before a subordinate HC always has the discretion to refuse or to grant any writ,
court and may itself dispose of the case, or determine the if it is satisfied that the aggrieved party can have adequate
question of law involved in the case. relief elsewhere.
THE HIGH COURTS : SEATS AND JURISDICTION
Name Territorial Jurisdiction Seat
1. Allahabad (1866) Uttar Pradesh Allahabad (Bench at Lucknow)
2. Andhra Pradesh (1954) Andhra Pradesh Hyderabad
3. Bombay (1862) Maharastra, Dadar and Nagar Haveli, Goa, Daman Mumbai (Benches at Nagpur, Panji,
and Diu. Aurangabad)
4. Kolkata (1862) West Bengal, Andman and Nicobar Islands. Kolkata (Benches at Port Blair)
5. Delhi (1966) Delhi Delhi
6. Guwahati (1948) Assam, Nagaland, Miroram & Arunachal Pradesh Guwahati (Benches at Kohima)
7. Gujarat (1960) Gujarat Ahmedabad
8. Himachal Pradesh (1966) Himachal Pradesh Shimla
9. Jammu & Kashmir (1928) Jammu & Kashmir Srinagar and Jammu
10. Karnataka (1884) Karnataka Bangalore
11. Kerala (1958) Kerala and Lakshadweep Ernakulam
12. Madhya Pradesh (1956) Madhya Pradesh Jabalpur (Bench-Indore, Gwalior)
13. Madras (1862) Tamil Nadu and Puducherry Chennai
14. Orissa (1948) Odisha Cuttack
15. Patna (1916) Bihar Patna
16. Punjab & Haryana (1975) Punjab, Haryana, Chandigarh Chandigarh
17. Rajasthan (1949) Rajasthan Jodhpur (Bench-Jaipur)
18. Sikkim (1975) Sikkim Gangtok
19. Chattisgarh (2000) Chattisgarh Bilaspur
20. Uttarakhand (2000) Uttarakhand Nainital
21. Jharkhand (2000) Jharkhand Ranchi
22. Meghalaya (2013) Meghalaya Shilong
23. Manipur (2013) Manipur Imphal
24. Tripura (2013) Tripura Agartalla
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Exercise-1
1. Judges of the Supreme Court take an oath or affirmation
before entering upon office conducted by
(a) Chief Justice of India 10. District Judges are appointed by:
(b) President or Vice-President
(c) President
(d) None of the above
2. Constitution makes provides for independence of judges
by NOT:
(a) Though appointed by the President their removal is
by a difficult process
(b) Their salaries are charged on the Consolidated Fund
of India (or the State)
(c) A retired judge cannot be appointed to any office un-
der the Government
(d) conduct of a judge cannot be discussed in Parliament
except upon a motion regarding his removal
3. A judge of a High Court can be removed before the expiry
of his time by:
(a) President on the recommendation of the Supreme Court
(b) Governor on the recommendation of the State legislature
(c) President on the recommendation of the State legislature
(d) President on the recommensdation of the Parliament
4. A judge of a High Court wanting to resign addresses his
letter or resignation to:
(a) the President
(b) the Chief Justice of his High Court
(c) the Chief Justice of India
(d) Governor of the State
5. Which is not a power of a High Court?
(a) Supervision over all courts under its jurisdiction
(b) Jurisdiction over revenue matters
(c) Supervision over tribunals constituted by law relating
to armed forces
(d) Issue writs for enforcing fundamental rights or for
any other purpose
6. Judicial review in India does not extend to:
(a) Advice that Council of Ministers gives to the
President
(b) Discretionary powers of the Governor
(c) Privileges enjoyed by Parliament
(d) Any of the above
7. Oath to a High Court judge is administered by:
(a) Chief Justice of India
(b) Chief Justice of that High Court
(c) Governor of the State
(d) President of India
8. Public interest litigation applies to cases of public injury
arising from:
(a) Breach of public duty
(b) Violation of a constitutional provision
(c) Violation of law
(d) all of the above
9. In Minerva Mills cases, the Supreme Court has further
reaffirmed its decision in
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5
(a) Golakh Nath Case (b) Keshavanand Bharati case
(c) Sajjan Singh Case (d) None of the above
(a) The Chief Justice of High Court
(b) The State Public Service Commission
(c) The Chief Minister of state
(d) The Governor of state
11. The District and sessions Judge works directly under the
control of:
(a) District Collector
(b) Governor of the state
(c) Law Minister of the state
(d) High Court of the state
12. If any question arises as to the age of a judge of a High
Court, the question shall be decided by the President after
consultation with:
(a) The Chief Justice of the concerned High Court
(b) The Governor of the concerned state
(c) The Attorney-General of India
(d) The Chief Justice of India
13. The Chief Justice of the High Court is appointed by
(a) the Governor of the state
(b) the President of India
(c) the Chief Minister of the state
(d) the Chief Justice of India
14. 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
(c) only if the matter relates to the fundamental righ of
citizens
(d) only if the issue poses a threat to the unity and
integrity of the country
15. Which one of the following is directly related to the
appellate jurisdiction of the Supreme Court of India ?
(a) Appeals made in civil, criminal and constitutional cases
(b) Appeals made in constitutional cases
(c) Adjudication of disputes between the union and the
states
(d) Adjudication of disputes between the states
16. Which of the following statements is correct?
(a) The President of India is the custodian of the
Constitution of India
(b) The Supreme Court of India can declare a law passed
by any State/Union Legislature null and void if it
encroaches upon the Fundamental Rights guaranteed
by the Constitution of India
(c) The number of judges in a High Court is to be
determined from time to time by the Governor of the
State concerned
(d) The Chief Justice of a High Court is appointed
by the Governor of the State concerned on the
recommendation of the Chief Justice of India
 6
17. Which of the following is covered under the original 26. The first High/Supreme Court judge, who voluntarily
jurisdiction of the Supreme Court: made his assets public is
(a) Dispute relating to civil matters (a) justice D.V.S. Kumar
(b) Dispute relating to criminal cases involving murder (b) justice K. Chandra
(c) Disputes between two states of the Indian Union (c) justice K. Kannan
(d) Disputes between two citizens from two different (d) justice V.C. srivastava
states 27. Which one of the following High Courts has the territorial
18. When there is a vacancy in the office of the president jurisdiction over Andaman and Nicobar Islands?
and the vice-president at the same time, the office is held (a) Andhra Pradesh (b) Calcutta
temporarily by (b) Madras (d) Odisha
(a) The Prime Minister 28. In the verdict of which case, Supreme Court has nullified
(b) The chief Justice of India Parliament, effort to establish preference of all the
Directive Principles of state policy over Fundamental
(c) The speaker of Lok Sabha
rights?
(d) None of these
(a) Keshvanand Bharti Vs State of Kerala Case
19. Who has the right to seek advisory opinion of the Supreme (b) Francis Coralie Mullin Vs Union Territory of Delhi
Court of India, on any question of Law? (c) Minerva Mills Vs. Union of India case
(a) Prime Minister (d) Indira Sawhani
(b) President 29. Original jurisdiction of Supreme Court is mentioned in
(c) Any judge of the high court which of the following articles of Indian constitution?
(d) All of the above (a) Article 131 (b) Article 132
20. The power of the Supreme Court of India to decide (c) Article 143 (d) Article 148
disputes between the centre and the State falls under its 30. Which of the following writs literally means we
_________ command?
(a) Advisory jurisdiction (a) Habeas Corpus (b) Mandamus
(b) Appellate Jurisdiction (c) Prohibition (d) Quo-Warranto
(c) constitutional Jurisdiction 31. In which of the following cases Supreme Court of India
(d) Original Jurisdiction enunciated the doctrine of basic structure?
21. Sovereignty of Indian Parliament is restricted by: (a) Keshwanand Bharti case
(a) Powers of the President of India (b) Golaknath case
(b) Judicial review (c) Minnerva Mills case
(c) Powers of the Prime Minister of India (d) Gopalan case
(d) Leader of the opposition 32. In Indian constitution the power to issue a writ of Habeas
22. Who of the following Chief Justice of India acted as the corpus is vested only in-
President of India also? (a) The Supreme Court
(a) Justice M. Hidayatullah (b) The High Court
(b) Justice P.N. Bhagwati (c) The Supreme Court and the High Court
(c) Justice Mehar Chand Mahajan (d) Lower Courts
(d) Justice B.K. Mukherjee
33. The Provisions concerning the powers of the Union
23. The Indian constitution provides for the appointment of
judiciary in the constitution can be amended by
Ad hoc judges in:
(a) Simple majority of the parliament
(a) Supreme Court
(b) Two-third majority of the parliament
(b) High Court
(c) Two-third majority of the parliament and the majority
(c) District and session Court
of states
(d) All of these
(d) None of the above
24. Which of the following state/Union territories have a
common High Court? 34. The Supreme Court of India declares by issuing a writ that
respondent was not entitled to an office he was holding
(a) Uttar Pradesh and Bihar
or a privilege he was exercising. which writ is that?
(b) Punjab, Haryana and Chandigarh
(a) Habeas Corpus (b) Quo Warranto
(c) Punjab and Jammu and Kashmir
(c) Prohibition (d) Certiorari
(d) Assam and Bengal
25. Which of the following High Courts has the largest 35. What is the objective advocated for appointment of the
number of Benches? National judicial commission?
(a) Kolkata High Court (a) Training of the judges
(b) Madhya Pradesh High Court (b) Reforms in legal system
(c) Bombay High Court (c) Bringing about transparency and impartiality in the
(d) Guwahati High Court appointment of judges of the highest level.
(d) To examine the working period of the judges.
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36. How can the number of judges in the Supreme Court in
India be increased ?
(a) Representation from the Supreme Court
(b) By amendment of the constitution
(c) By a Parliamentary Act
(d) by Presidential notification
37. Which of the following cases cannot be filed directly in
the Supreme Court ?
(a) Cases against encroachment on Fundamental Rights
(b) Both (a) and (b) above.
(c) If ones property is forcefully occupied by the other
(d) Disputes between two or more States
38. Which is not an eligibility criterion for appointment as a
Judge of the High Court ?
(a) Must have been an advocate of a High Court for not
less than 10 years
(b) Must be, in the opinion of the President, a
distinguished jurist.
(c) Must have attained the age of 55 years
(d) Must have been a High Court Judge for at least 5
years
39. Judicial Review function of the Supreme Court means the
power to
(a) Review the functioning of judiciary in the country
(b) Undertake periodic review of the Constitution.
(c) Examine the constitutional validity of the laws
(d) Review its own judgement
40. The High Courts in India were first started at
(a) Bombay, Delhi, Madras
(b) Madras and Bombay
(c) Bombay, Madras, Calcutta
(d) Delhi and Calcutta
41. Besides its permanent seal at Delhi, the Supreme Court
can also meet at
(a) Any other Union Territory
(b) Any other place as decided by the Chief Justice of
India in consultation with the President
(c) Any other metropolitan city
(d) Any other major city
42. What is meant by a Court of Record?
(a) The court that maintains records of all lower courts.
(b) The court that is competent to give directions and
issue writs.
(c) The court that can punish for its contempt.
(d) The court that preserves all its records.
43. Judges of the High Court are appointed by the
(a) Chief Justice of the High Court
(b) President
(c) Governor
(d) Chief Justice of India
44. After retirement, a Judge of a High Court can undertake
practice in
(a) Any other court except the same court
(b) Wherever he intends to practice.
(c) The same court
(d) Lower courts only
45. Separation of the Judiciary from the Executive is enjoined
by
(a) VII Schedule to the Constitution
(b) Judicial decision
(c) Directive Principles
(d) Preamble
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7
46. The Chief Justice and other Judges of the High Court are
appointed by the
(a) Chief Justice of the Supreme Court
(b) Chief Minister of the concerned state
(c) Governor of the concerned state
(d) President
47. Judicial Review signifies that the Supreme Court
(a) Can impeach the President
(b) Can declare a state law as unconstitutional
(c) Can review cases decided by the High Courts.
(d) Has final authority over all cases
48. Which one of the following comes under the jurisdiction
of both the High Court and the Supreme Court ?
(a) Disputes between the States inter se
(b) Protection against the violation of the Constitution
(c) Protection of the Fundamental Rights
(d) Disputes between the Centre and the States
49. Congnizable offence refers to an offence where
(a) Arrests can be made without warrant
(b) Police can register a case without formal complaints
(c) Arrests can be made with warrant
(d) It is under the jurisdiction of a court
50. Under the writ of Mandamus, the Court can
(a) Ask the person to be produced
(b) Order to transfer the case from one court
(c) Ask to let a person free for a temporary period
(d) Direct the Government to do or not to do a thing
51. Which of the following writs is a bulwark of personal
freedom ?
(a) Certiorari (b) Habeas Corpus
(c) Mandamus (d) Quo Warranto
52. Appointment of officers and servants of a High Court are
made by the
(a) None of these
(b) Chief Justice of the High Court
(c) President
(d) Governor
53. Salaries of the Judges of the Supreme Court are drawn
from the
(a) Grants-in-aid (b) Public Accounts
(c) Contingency Fund (d) Consolidated Fund
54. Which of the following High Courts covers more than one
State/ Union Territories ?
(a) Allahabad (b) None of these
(c) Guwahati (d) Delhi
55. Which of the following writs may be issued to enforce a
Fundamental Right ?
(a) Certiorari (b) Habeas Corpus
(c) Mandamus (d) Prohibition
56. The Judges of the Supreme Court can be removed from
office by the
(a) President on request of Parliament
(b) Chief Justice of India
(c) President
(d) Prime Minister
57. The authority competent to suspend the operation of
Fundamental Rights guaranteed under the Constitution of
India is
(a) Supreme Court (b) Prime Minister
(c) Parliament (d) President
 8
58. Which is the highest and final judicial tribunal in respect
of the Constitution of India ?
(a) President (b) Union Cabinet
(c) Supreme Court (d) Parliament
59. Which of the following is an extensive original jurisdiction
given by the Constitution of India to the Supreme Court ?
(a) Enforcement of Fundamental Rights
(b) Advising the Chief Executive in legal matters
(c) Hearing revenue cases of appeal
(d) Hearing criminal cases of appeal
60. The High Court of West Bengal (Calcutta) has got the
additional jurisdiction to hear cases from
(a) Arunachal Pradesh
(b) Mizoram
(c) Tripura
(d) Andaman and Nicobar islands
61. Which of the following is enforceable in a court of law ?
(a) Fundamental Rights
(b) Fundamental Duties
(c) Directive Principles
(d) Preamble
62. In whom are the powers of Judicial Review vested in India ?
(a) All the courts
(b) Supreme Court and all the High Courts
(c) President
(d) Parliament
63. There is no appeal except on a point of law against the
decisions of the
(a) Sub Judges
(b) Small causes courts
(c) Court of Munsifs
(d) High Court
64. The lowest court of revenue is that of a
(a) Naib Tehsildar
(b) Sub-judge
(c) Third class magistrate
(d) Munsif
65. To ensure impartiality, the retired Chief Justice and other
Judges of the Supreme Court are debarred from practising
law
(a) In any court other than State High Courts
(b) In any Criminal Court
(c) In any court of India
(d) In any court other than the Supreme Court
66. Who decides the number of Judges in a High Court ?
(a) Governor of the State
(b) Parliament
(c) President
(d) State Government
67. Who is appointed as an adhoc judge of the Supreme Court ?
(a) A sitting judge of a High Court duly qualified for
appointment as a Supreme Court Judge
(b) A person fully qualified for appointment as a Judge
of the Supreme Court
(c) A retired judge of Supreme Court
(d) An acting judge of the Supreme Court
68. Which of the following is covered under the original
jurisdiction of the supreme court ?
(a) Dispute relating to civil matters
(b) Dispute between two citizens from two different
states
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(c) Dispute relating to criminal cases involving murder
(d) Disputes between two states of the Indian Union
69. Which High Court in India, has held that the pronouncement
of Talaq thrice in one go is illegal ?
(a) Bombay High Court
(b) None of these
(c) Calcutta High Court
(d) Allahabad High Court
70. The small causes court can hear cases involving a
maximum amount of
(a) Rs 5000 (b) Rs 2000
(c) Rs 1000 (d) Rs 500
71. A common High Court for two or more states and Union
Territory may be established by
(a) Parliament by Law (b) Chief Justice of India
(c) President (d) Governer of the state
72. Under a single, integrated, hierarchical judicial system,
the High Court in the states are directly under the
(a) President (b) Union Parliament
(c) Governor of the state (d) Supreme Court
73. A Judge of a Supreme court may resign his office by
writing under his hand addressed to the
(a) Chief Justice of India
(b) Senior most judge of the supreme court
(c) Prime Minister
(d) President
74. The Appellate Jurisdiction of the Supreme Court dose not
involve
(a) Criminal Cases
(b) Cases involving interpretation of the Constitution
(c) Civil Cases
(d) Disputes arising out of pre-Constitution treaties and
agreements
75. When the chief justice of a High Court acts in an
administrative capacity, he is subject to.
(a) The writ jurisdiction of any of the other judges of the
High Court.
(b) Special control exercised by the chief justice of India.
(c) Discretionary power of the Governor of the State
(d) Special powers provided to the Chief Minister in this
regard
76. Article 136 of Indian Constitution authorizes the Supreme
Court to grant special leave to appeal. Which of the
following statement is not correct with respect to Appeal
by Special Leave?
(a) It is a discretionary power of the Supreme Court
(b) It can be granted against any court or tribunal
including the military court
(c) It can be related to any matter
(d) None of these
77. The power of the Supreme Court of India to decide
disputes between the Centre and the States falls under its
(a) advisory jurisdiction (b) appellate jurisdiction
(c) original jurisdiction (d) writ jurisdiction
78. The power to increase the number of judges in the Supreme
Court of India is vested in
(a) the President of India
(b) the Parliament
(c) the Chief Justice of India
(d) the Law Commission

Exercise-2
Statement Based MCQ
1. Regarding advisory jurisdiction of the Supreme Court,
which statements is/ are NOT CORRECT?
1. It is obligatory for the Supreme Court to give its
opinion if it is sought.
2. The advice is not binding on the President.
3. President may ask the Courts opinion on treaties
and agreements made before the Constitution was
framed.
(a) 1 and 2 (b) 1, 2 and 3
(c) 1 and 3 (d) 2 and 3
2. Supreme Court is a court of record. This implies that:
1. It can punish for its contempt
2. its decisions are admitted as evidence and cannot be
questioned by any court
3. it has to keep a record of all the important cases in
India
4. its decisions, once taken, are binding upon it
Which of the following statements is/are correct?
(a) 1, 2 and 3 (b) 1 and 2
(c) 1, 3 and 4 (d) 1, 2, 3 and 4
3. ________ is/are the qualifications for a High Court judge?
1. Citizenship of India
2. Must have held a judicial office for at least ten years
3. Must not be over 62 years of age
4. Must have been an advocate of a High Court for at
least ten years or be an eminent jurist
Which of the following statements is/are correct?
(a) 1, 2 and 3 (b) 1 and 2
(c) 1, 3 and 4 (d) 1, 2, 3 and 4
4. Chief Justice of a High Court is appointed by the President
after consultation with
1. Chief Justice of India
2. Governor of the State
3. Chief Minister of the State
Which of the above is/are correct?
(a) 1 only (b) 1 and 2
(c) 3 only (d) 1, 2 and 3
5. In a criminal case, an appeal lies to the Supreme Court if
the High Court:
1. has convicted the accused and awarded him a death
sentence
2. has on appeal reversed an order for acquittal of an
accused and sentenced him to imprisonment of ten
years or more
3. has withdrawn for trial be-fore itself any case from a
subordinate court and has convicted the accused and
sentenced him to death
Which of the following statements is/are correct?
(a) 1 and 3 (b) 2 and 3
(c) 3 only (d) 1, 2 and 3
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9
6. 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 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 statements given above is/are correct?
(a) 1 only (b) 2 only
(c) Both 1 and 2 (d) Neither 1 nor 2
7. Which of the following statements are incorrect about the
difference between the writ jurisdiction of the Supreme
Court and high courts in India ?
1. The Supreme Court can issue writs not only for the
purpose of enforcement of Fundamental Rights but
also for any other purpose, whereas high courts can
issue writs only for the purpose of enforcement of
Fundamental Rights.
2. High courts can issue the writ of Injunction, whereas
the Supreme Court cannot issue the writ of Injunction.
3. The Supreme Court can issue writs only in the case
of appeal, whereas high courts can issue writs only
when the party directly approaches it.
4. High courts can issue writs not only for the purpose
of enforcement of Fundamental Rights but also for
any other purpose, whereas the Supreme Court can
issue writs only for the purpose of enforcement of
Fundamental Rights.
Which of the following statements is/are correct?
(a) 1 and 2 (b) 1, 2 and 3
(c) 2 and 3 (d) 4 only
8. The Chief Justice of a High Court is appointed by the
President after consultation with
1. the Chief Justice of India
2. the Governor of the state
3. the Chief Minister of the state
Which of the above is/are correct?
(a) 1 only (b) 1 and 2
(c) 3 only (d) 1, 2 and 3
9. Consider the following statements regarding the advisory
jurisdiction of the Supreme Court:
1. The reference for advice may be made to the Supreme
Court on a question of law of fact by the President of
India
2. Disputes arising out of pre-constitution treaties and
agreements excluded from the original jurisdiction of
the Supreme Court may also be referred to it.
3. The advice given by the Supreme Court is binding on
the government
4. One of the cases referred to the Supreme Court for
its advice was the constitutionally of the Kerala
education bill.
Which of these are correct?
(a) 1, 2 and 4 (b) 2 and 3
(c) 1 and 2 (d) 3 and 4
 10
10. In which of the following categories of cases the Supreme
Court of India has the power to decide
1. Reference made by the President on a question of law
or fact
2. A case involving interpretation of the constitution
3. A case involving substantial question of law of
general importance
4. A case where the constitutionally of any law has been
challenged
Which of the following statements is/are correct?
(a) 1, 2 and 3 (b) 1, 3 and 4
(c) 1, 2 and 4 (d) 2, 3 and 4
11. Which of the following characteristics are essential to
federal government ?
1. A supreme and written constitution
2. Separation of powers and the system of checks and
balances
3. Distribution of powers between the centre and states
4. Fundamental Rights guaranteed to citizens
Which of the following statements is/are correct?
(a) 1 and 2 (b) 1 and 3
(c) 2 and 4 (d) 2, 3 and 4
12. 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.
(a) 1, 2 and 4 (b) 2 and 4
(c) 1 and 4 (d) 4 only
13. The Supreme Court of India issued certain guidelines
to put a halt to eve-teasing. In this regard consider the
following statements:
1. women cops, in civil uniform, should be deputed at
the public places
2. The court also ordered the states and the UTs to form
a uniform law
3. The eve-teasing can lead to violation of the
fundamental rights.
Which of the following statement given above are correct?
(a) 1and 2 only (b) 1 and 3 only
(c) 2 and 3 only (d) 1, 2 and 3
14. Consider the following statements in regard to equality
before law introduced by the British in India.
1. There were similar courts for Indians and Europeans.
2. Justice now became costlier than before.
3. The government officials often favoured the rich.
Which of the statements given above are correct?
(a) 1and 2 only (b) 2 and 3 only
(c) 1 and 3 only (d) 1, 2 and 3
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15. What is Cabotage Law consider the following statements
in regard to it:
1. It states that only Indian flagged vessels can handle
coastal cargo.
2. Government recently tightened the cabotage law
in order to reduce the illegal movement of cargo
through coastal water.
Which of the statements given above is/are correct?
(a) 1 only (b) 2 only
(c) Both 1 and 2 (d) Neither 1 nor 2
16. Consider the following statements about the judicial
system introduced by the British in India:
1. It judicially unified India.
2. The British established a new system of law through
the process of enactment and relevant interpretation
of customary laws.
3. In general the British tended to avoid the customary
laws of India.
Which of the Statements given above are correct?
(a) 1 and 2 only (b) 2 and 3 only
(c) 1 and 3 only (d) 1, 2 and 3
17. 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
(c) Both 1 and 2 (d) Neither 1 nor 2
Matching Based MCQ
DIRECTIONS (Q. 18): Match List-I with List-II and select
the correct answer using the codes given below the lists.
18 Match the following:
List I List II
A. Insertion of part 1. 116th Amendment
XIV B in the
constitution
B. Reservation in 2. 117th Amendment
Promotions for
SCs/STs
C. Introduction 3. 115th Amendment
of the Goods
and service Tax
D. Increasing age 4. 114th Amendment
limit of High
Court judges to 65
Codes:
A B C D
(a) 4 2 3 1
(b) 1 2 3 4
(a) 1 3 2 4
(a) 4 3 2 1
 11

Hints and Solutions

EXERCISE-1 24. (b)
25. (d) Guwahati high court has the largest number of
1. (c) 2. (c) 3. (d) 4. (a) 5. (c)
Benches.
6. (d) 7. (c) 8. (d) 9. (b) 10. (d)
The principal seat of the Gauhati High Court is
11. (d) 12. (d) 13. (b) 14. (b) 15. (a)
at Guwahati in Assam. The court has 3 outlying
16. (b) 17. (c)
benches. These are:
18. (b) When there is a vacancy in the office of the president
The Kohima bench for Nagaland state.
and the vice-president at the same time, the office is
The Aizawl bench for Mizoram state.
held temporarily by the chief justice of India.
The Itanagar bench for Arunachal Pradesh state.
19. (b)
Former benches, now full fledged high courts:
20. (d) The power of the supreme court of India to decide
The Imphal bench (established on 21 January 1972)
disputes between the centre and the states falls
(Converted to a High Court in March 2013)
under its original jurisdiction. The original jurisdiction
The Agartala bench established on 24 January 1972)
of a court is the power to hear a case for the first time,
(Converted to a High Court in March 2013)
as opposed to appellate jurisdiction, when a court has
The Shillong bench established on 4 September
the power to review a lower courts decision. In India,
1974)(Converted to a High Court in March 2013)
the Supreme Court has exclusive original jurisdiction
26. (c)
on all cases between the Government and the States
27. (b) Calcutta High court has the territorial jurisdiction
or between Government and states on side and one or
over Andaman and Nicobar island. The Calcutta
more states on other side or cases between different
High Court is the oldest High Court in India. It was
states. In addition, Article 32 of the Constitution
established as the High Court of Judicature at Fort
of India grants original jurisdiction to the Supreme
William on 1 July 1862 under the High Courts Act, 1861.
Court on all cases involving the enforcement of
28. (c) In the verdict of Minerva Mills Vs. Union of India
fundamental rights of citizens.
case, supreme court has nullified parliaments effort
21. (b) Sovereignty of Indian parliament is restricted by
to establish preference of all the directive principles
judicial review. Parliamentary sovereignty (also
of state policy over Fundamental Rights.
called parliamentary supremacy or legislative
29. (a)
supremacy) is a concept in the constitutional law
30. (b) The writ mandamus literally means we command.
of some parliamentary democracies. It holds that
Mandamus is a judicial remedy in the form of an
the legislative body has absolute sovereignty, and
order from a superior court, to any government
is supreme over all other government institutions,
subordinate court, corporation, or public authority
including executive or judicial bodies. The concept
to do (or forbear from doing) some specific act which
also holds that the legislative body may change
that body is obliged under law to do (or refrain from
or repeal any previous legislation, and so that it
doing)and which is in the nature of public duty,
is not bound by written law (in some cases, even
and in certain cases one of a statutory duty. It cannot
a constitution) or by precedent. Parliamentary
be issued to compel an authority to do something
sovereignty may be contrasted with the doctrines of
against statutory provision.
separation of powers, which limits the legislatures
31. (a) In Keshvanand Bharti case the Supreme Court of
scope often to general law-making, and judicial
India enunciated the doctrine of basic structure.
review, where laws passed by the legislature may be
The case originated in February 1970 when Swami
declared invalid in certain circumstances.
HH Sri Kesavananda Bharati, Senior Pontiff and
22. (a)
head of Edneer Mutt - a Hindu Mutt situated in
23. (d) The Indian constitution provides for the appointment
Edneer, a village in Kasaragod District of Kerala,
of ad hoc judge in supreme court, high court and
challenged the Kerala governments attempts, under
district and session court. If at any time there should
two state land reform acts, to impose restrictions on
not be a quorum of the Judges of the Supreme Court
the management of its property. Although the state
available to hold or continue any session of the Court,
invoked its authority under Article 31, a noted Indian
the Chief Justice of India may, with the previous
jurist, Nanabhoy Palkhivala, convinced the Swami
consent of the President and after consultation with
into fighting his petition under Article 26 (not Article
the Chief Justice of the High Court concerned,
29), concerning the right to manage religiously
request in writing the attendance at the sittings of the
owned property without government interference.
Court, as an ad hoc Judge, for such period as may be
Even though the hearings consumed five months, the
necessary, of a Judge of a High Court duly qualified
outcome would profoundly affect Indias democratic
for appointment as a Judge of the Supreme Court to
processes.
be designated by the Chief Justice of India.
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 12
32. (c) In Indian constitution, the power to issue a writ of EXERCISE-2
Habeas Corpus is vested only in the supreme court
and the High court. A writ of habeas corpus is a writ 1. (d) 2. (b) 3. (a) 4. (b) 5. (a)
(court order) that requires a person under arrest to be 6. (d) 7. (b) 8. (b) 9. (a) 10. (a)
brought before a judge or into court. The principle of 11. (b)
habeas corpus ensures that a prisoner can be released 12. (b) There are 21 High Courts in the country, three having
from unlawful detentionthat is, detention lacking jurisdiction over more than one state. The Judge in
sufficient cause or evidence. The remedy can be the High Court holds office up to 62 years of age.
sought by the prisoner or by another person coming 13. (d) The Supreme Court of India ordered the state
to the prisoners aid. This right originated in the governments and the UTs to depute female police
English legal system, and is now available in many officers in plain clothes at the public places to check
nations. It has historically been an important legal the incidents of eve-teasing.
instrument safeguarding individual freedom against 14. (b) There were separate courts and even laws for Indians
arbitrary state action. and Europeans. In Criminal cases the Europeans
33. (c) could be tried only by European judges.
34. (b) The above provision came under a writ quo 15. (a) The relaxation of Cabotage Law for Vallarpadam
warranto issued by the Supreme Court of India. Quo terminal augurs well for Gateway Distriparks, which
warranto (Medieval Latin for by what warrant?) may see an improvement in CFS volumes in the
is a prerogative writ requiring the person to whom coming quarters. Its CFS near the terminal is likely
it is directed to show what authority they have for to attract some of the cargo. Under the existing
exercising some right or power (or franchise) they rules of Cabotage Law, only Indian flagged vessels
claim to hold. can handle coastal cargo. Hence, foreign carriers
35. (c) The main objective advocated for appointment of transshipped India destined cargo at Colombo or
the National judicial commission is bringing about Dubai ports earlier. This resulted in lower capacity
transparency and impartiality in the appointment of utilization in Vallarpadam International Container
judges of the highest level. Transshipment Terminal (ICCT) at Kochi, which
36. (b) 37. (d) 38. (a) 39. (c) 40. (c) was set up eighteen months ago. With the relaxation
41. (b) 42. (d) 43. (b) 44. (a) 45. (c) of the rules, foreign carriers can now handle coastal
46. (d) 47. (c) 48. (c) 49. (b) 50. (d) cargo through Vallarpadam ICTT.
51. (b) 52. (b) 53. (d) 54. (c) 55. (b) 16. (a) In general the British observed customary laws of
56. (a) 57. (d) 58. (c) 59. (a) 60. (d) India.
61. (a) 62. (b) 63. (b) 64. (a) 65. (c) 17. (c) The National Legal Services Authority (NALSA) has
66. (d) 67. (a) 68. (d) 69. (d) 70. (b) been constituted under the Legal Services Authorities
71. (a) 72. (d) 73. (d) 74. (d) Act, 1987 to provide free Legal Services to the weaker
75. (c) According to Article 227(b), the Chief Justice of sections of the society and to organize Lok Adalats
High Court when acts in an administrative capacity, for amicable settlement of disputes. In every state,
any rules made by him shall not be inconsistent with State Legal Services Authority has been constituted
the provision of any law in force and requires the to give effect to the policies and directions of the
previous approval of the governor. NALSA and to give free legal services to the people
76. (b) According to Article 136, Appeal by special leave and conduct Lok Adalats in the State.
can be granted against any court or tribunal including 18. (b) Insertion of part XIV(B) in the constitution
the military court. 116th Amendment
77. (c) It is under original jurisdiction the supreme court Reservation in Promotions for SCs/STs
decides the disputes between centre and one or more 117th Amendment
states. Introduction of the Goods and Services Tax
78. (b) It is the Parliament which has the power to increase 115th Amendment
the number of judges in the Supreme Court of India. Increasing age limit of High Court judges to 65
Parliament increased the number of judges from the 114th Amendment
original eight in 1950 to eleven in 1956, fourteen
in 1960, eighteen in 1978, twenty-six in 1986 and
thirty-one in 2008.

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 13

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