UPSC PRELIM DECODED : POLITY : 2.JUDICIARY (2011-2020 )

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2.JUDICIARY (2011-2020 ): 12 questions


1. Supreme Court & High court

2. National Legal Services Authority. NALSA

3.GRAM NYAYALAYA


You can watch this video  on youtube link below to understand the concept for better clarity before:

2011

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

(c) 1 and 4

(d) 3 and 4

ANS: c

2012

What is the provision to safeguard the autonomy of the Supreme Court of India?

1. While appointment 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 only

(b) 3 and 4 only

(c) 4 only

(d) 1, 2, 3 and 4

ANS: a

2014:

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 Commissio.

ANS: b

2014:

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

ANS: c

2015:

Who/Which of the following is the Custodian of the Constitution of India?
a) The President of India
b) The Prime Minister of India
c) The Lok Sabha Secretariat
d) The Supreme Court of India
Solution: d (As per the whims of UPSC!)

2017:

In India, Judicial Review implies:

(a)the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

(b)the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.

(c)the power of the Judiciary to review all the legislative enactments before they are assented to by the President.

(d)the power of the Judiciary to review its own judgements given earlier in similar or different cases

ANS:A

Judicial review is the power of judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments. On examination, if they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and viod). Consequently, they cannot be enforced by the government. The constitutional validity of a legislative enactment or an executive order can be challenged in a high court or supreme court on the following three grounds: (a) it infringes the fundamental rights (Part III), (b) it is outside the competence of the authority which has framed it, and (c) it is repugant to the constitutional provisions.

2019:

With reference to the Constitution of India, consider the following statements:

1.      No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.

2.      An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.

Which of the statements give above is/are correct?

(a)1 only

(b)2 only

(c)Both 1 and 2

(d)Neither 1 nor 2

ANS:D

2019:

With reference to the Constitution of India, prohibition or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

(a)The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.

(b)The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

(c)In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.

(d)State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.

ANS:B

2019:

Consider the following statements:

1.      The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.

2.      The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.

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

ANS:B

Consider the following statements:

1.      The motion to impeach a Judge of the Supreme Court of Indian cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.

2.      The Constitution of India defines and gives details of what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.

3.      The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.

4.      If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting

Which of the statements given above is/are correct?

(a)1 and 2

(b)3 only

(c)3 and 4 only

(d)1, 3 and 4

ANS:C

2020:

Consider the following statements

  1. The constitution of India defines its basic structure in terms of federalism, secularism, fundamental rights and democracy

  2. The constitution of India provides for the ‘judicial review’ to safeguard the citizen’s liberties and to preserve the ideals on which the constitution is based.

Which of the above given statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: B

S1: The Supreme Court has defined the Basic structure, not the Constitution, so S1 is wrong.

S2: Straightforward – Articles 13 of the Constitution,

2020:

In India, separation of judiciary from executive is enjoined by

(a) The preamble of the constitution

(b) The directive principles of state policy

(c) The seventh schedule

(d) The conventional practice

Answer: B


2. National Legal Services Authority. ( NALSA)


2013:

With reference to consider the following statements:

1. Its objective is to provide free and competent legal services to the weaker section 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

ANS: c

trate, prepare a panel consisting of the names of social workers at the village level having integrity for appointment as Conciliators who possess such qualifications and experience as may be prescribed by the High Court.”

So, clearly 2 is correct.

2020:

In India, legal service authorities provide free legal services to which of the following type of citizens?

  1. Person with an annual income of less than Rs 1,00,000

  2. Transgender with an annual income of less than Rs2,00,000

  3. Member of other backward classes(OBC) with an annual income of less than Rs 3,00,000

  4. All senior citizens

Select the correct answer using the given code below-

(a) 1 and 2 only

(b) 3 and 4 only

(c) 2 and 3 only

(d) 1 and 4 only

Answer: A

S1 and S3: The sections of the society as enlisted under Section 12 of the Legal Services Authorities Act are entitled for free legal services, they are :

(a) A member of a Scheduled Caste or Scheduled Tribe;

(b) A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;

(c) A woman or a child;

(d) A mentally ill or otherwise disabled person;

(e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(f) An industrial workman; or

(g) In custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987);or

(h) a person in receipt of annual income less than the amount mentioned in the following schedule (or any other higher amount as may be prescribed by the State Government), if the case is before a Court other than the Supreme Court, and less than Rs 5 Lakh, if the case is before the Supreme Court.

The Income Ceiling Limit prescribed u/S 12(h) of the Act for availing free legal services in different States has been stated here https://nalsa.gov.in/faqs

S2: Limit for Transgender – Rs. 2,00,000 see https://nalsa.gov.in/faqs

S4: Senior citizens’ eligibility for free legal aid depends on the Rules framed by the respective State Governments in this regard.

In Delhi for example, senior citizens are eligible for free legal aid subject to prescribed ceiling of annual income. Any individual above the age of 60 can apply for free legal aid/services.


Gram Nyayalaya Act’


2016:

With reference to the ‘Gram Nyayalaya Act’, which of the following statements is/are correct?

  1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases.

  2. The Act allows local social activists as mediators/reconciliators.

Select the correct answer using the code given below.

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Solution: B

Statement 1: It tries both Civil and Criminal cases. So, 1 is wrong.

Statement 2: We are quoting from the Gram Nyalayas Act, 2008

“27. (1) For the purposes of section 26, the District Court shall, in consultation with the Appointment District Magistrate.

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