India has an integrated judicial system which implies that : (A) the decisions made by higher courts are binding on the lower courts. (B) the parties dissatisfied with the decisions of a lower court can appeal to a higher court. (C) both High Courts and the Supreme Court enjoy same power. (D) The judicial system in India is integral to the functioning of Indian political system. Choose the correct option.
- A.(A) and (C)
- B.(B) and (D)
- C.(A) and (B)
- D.(B) and (C)
Correct answer
C. (A) and (B)
Explanation
The correct answer is C, (A) and (B). India does not keep separate sets of courts for central and state laws; it has one single pyramid, with the Supreme Court at the top, the High Courts below it and the district and subordinate courts at the base. Integration shows itself in exactly two ways, and both are named in statements (A) and (B): a ruling of a higher court binds every court below it, and a party unhappy with a lower court's order can carry the case upward in appeal. Statement (C) is untrue, because the Supreme Court is the highest court of the land and its powers are wider than a High Court's. Statement (D) is a general remark about the importance of the judiciary and says nothing about integration. A and D are therefore wrong because each of them includes (C), and B is wrong because it rests on (D). Exam tip: integrated judiciary means one hierarchy, appeals move up, and higher court rulings bind the courts below.
Practice Questions
View allConsider the following statements and choose the correct option. Statement A: The head of state is the Governor. Statement B: The Governor is appointed by the state government to ensure that the particular state works in accordance with the Constitution.
- A.A is correct and B is incorrect
- B.A is incorrect and B is correct
- C.Both A and B are correct
- D.Both A and B are incorrect
Show answer
Correct answer: A. A is correct and B is incorrect
Explanation
The correct answer is A, A is correct and B is incorrect. Statement A is right because Article 153 provides a Governor for each state, and the Governor is the constitutional head of the state, in whose name all executive action of the state is taken. Statement B is wrong on one word: the Governor is appointed by the President under Article 155, not by the state government, and holds office during the pleasure of the President for a term of five years. That is why the Governor can report to the President on the state of affairs in the state; a person appointed by the state ministry could hardly watch over it. The real work of government is done by the Chief Minister and the council of ministers, who advise the Governor. B is wrong because statement A is correct. C is wrong because statement B has the appointing authority wrong. D is wrong because statement A is correct. Exam tip: Article 153, a Governor for each state; Article 155, appointed by the President.
Who appoints the Chief Justice of India?
- A.Judges of Supreme Court and High Court
- B.PM of India
- C.President of India in consultation with senior judges of Supreme Court and High Court
- D.President of India in consultation with senior judges of Supreme Court
Show answer
Correct answer: C. President of India in consultation with senior judges of Supreme Court and High Court
Explanation
The correct answer is C, President of India in consultation with senior judges of Supreme Court and High Court. Article 124(2) says the President appoints every judge of the Supreme Court after consulting such judges of the Supreme Court and of the High Courts as he thinks necessary, and that for a judge other than the Chief Justice the Chief Justice of India must always be consulted. In practice the collegium system now decides the name: the outgoing Chief Justice recommends the senior-most judge of the Supreme Court, and the Law Ministry places the recommendation before the President, who signs the warrant of appointment. Option A is wrong because judges only recommend; they do not appoint. Option B is wrong because the Prime Minister has no such power of his own. Option D is wrong because it leaves out the High Court judges whom Article 124(2) names. Exam tip: Article 124 covers the appointment of Supreme Court judges - the collegium recommends, the President appoints.
How many members of the Rajya Sabha can be nominated by the President of India?
- A.12 members
- B.10 members
- C.14 members
- D.16 members
Show answer
Correct answer: A. 12 members
Explanation
The correct answer is A, 12 members. Article 80 of the Constitution lets the President nominate twelve members to the Rajya Sabha from people with special knowledge or practical experience in literature, science, art and social service. The maximum strength of the House is 250, of whom 238 are elected by the elected members of the State and Union Territory legislatures and 12 are nominated. A nominated member takes part in every proceeding of the House and may join a political party within six months of taking a seat, but does not vote in the election of the President. Option B is wrong because ten is not the figure for either House. Option C is wrong because 14 matches no provision. Option D is wrong because no article allows 16 nominations. Exam tip: Article 80 gives 12 nominated members in the Rajya Sabha; the Lok Sabha has had no nominated members since the 104th Amendment ended the two Anglo-Indian seats.
Which of the following provisions of the Indian constitution is borrowed from the constitution of Canada?
- A.Independence of judiciary
- B.Concept of Republic
- C.Advisory jurisdiction of the Supreme court
- D.Concept of concurrent list
Show answer
Correct answer: C. Advisory jurisdiction of the Supreme court
Explanation
The correct answer is C, Advisory jurisdiction of the Supreme Court. Article 143 lets the President ask the Supreme Court for its opinion on a question of law or fact, and this power was modelled on the Canadian Constitution. From Canada the makers also took a federation with a strong Centre, the vesting of residuary powers in the Union, the appointment of State Governors by the Centre and the very name Union of India. Option A is wrong because the independence of the judiciary, along with judicial review and the rule of law, comes from the British and American models. Option B is wrong because the idea of a Republic, with an elected head of State, was taken from France. Option D is wrong because the Concurrent List, the freedom of trade and commerce and the joint sitting of the two Houses come from Australia. Exam tip: Canada - strong Centre, residuary powers, advisory jurisdiction; Australia - Concurrent List and joint sitting.
What is the role of the Subordinate Court?
- A.To consider cases of civil and criminal nature
- B.To issue writs for restoring Fundamental Rights
- C.To consider appeals on decisions given by lower courts
- D.To move cases from any court to itself
Show answer
Correct answer: A. To consider cases of civil and criminal nature
Explanation
The correct answer is A, To consider cases of civil and criminal nature. Subordinate courts are the courts at the district level and below, and they hear civil and criminal cases as courts of first instance.
The Indian judiciary is a single pyramid. The Supreme Court stands at the top, a High Court in each state comes next, and below it are the subordinate courts, which work under the control of that High Court. On the civil side the District Judge is the highest, and below come the courts of the Civil Judge; on the criminal side the Sessions Judge is the highest, with Judicial Magistrates below. Articles 233 to 237 deal with these courts, and the Governor appoints district judges in consultation with the High Court.
Option B is wrong because writs are issued by the Supreme Court under Article 32 and by High Courts under Article 226. Option C is wrong because hearing appeals from lower courts is mainly the work of the High Court. Option D is wrong because transferring cases is a power of the higher courts.
Exam tip: District and Sessions Courts are subordinate courts; writs belong only to the Supreme Court and the High Courts.