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

The correct answer is Sir Edward Grimwood Mears.

Key Points

• Sir Edward Grimwood Mears was the last British Chief Justice of Allahabad High Court.
• His tenure as the Chief Justice was from 1919 to 1932.
• The Allahabad high court was established in 1866.
• Originally was founded as the High court of Judicature for the Northwestern provinces at Agra.
• The high court is shifted from Agra to Allahabad in 1869.
• Allahabad became the seat of the Government of Northwestern Provinces in 1834.
• The Allahabad high court was established under The High Courts Act, 1861.

Additional Information

• Sir Walter Morgan was the first appointed Chief Justice of Allahabad high court.
• Mr Simpson was the first appointed registrar of Allahabad high court.
• After Independence, Bidhu Bhushan Malik was the first Chief Justice of the Allahabad high court.
• Justice Arun Bhansali is the present Chief Justice of Allahabad High Court.

The correct answer is Fundamental Rights.

Key Points

• The High Court has the jurisdiction under Article 226 to issue directions, orders or writs for the enforcement of Fundamental Rights.
• A High Court is empowered to issue directions, orders, or writs for the enforcement of a Fundamental Right and for any other purpose those include:
  • Habeas corpus
  • Mandamus
  • Prohibition
  • Quo warranto
  • Certiorari.
• The phrase ‘for any other purpose’ refers to the enforcement of an ordinary legal right.
• The high court can issue writs to any person, authority and government not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction

Important PointsDescription of 5 writs:

The correct answer is High Court is at Allahabad with its bench at Lucknow.Key Points

• High Court:
  • The High Court is the apex court in the State in respect of civil and criminal cases.
  • The Board of Revenue is the highest court in respect of revenue cases.
  • Under Article 277 of the Constitution, the High Court has been given the power of superintendence over all other courts and tribunals.
  • The Uttar Pradesh State has also a High Court at Allahabad with its bench at Lucknow. Hence, Option 2 is correct.
  • The High Court is a Court of records which means that its work and proceedings serve as perpetual evidence.
  • Its records are of such high authority that their content cannot be challenged in any lower court.
  • As a court of record, it has also the power to punish persons guilty of its contempt.
  • The Chief Justice of the High Court is appointed by the President of India on the advice of the Chief Justice of the Supreme Court of India and the Governor of the State.
  • Other Judges are appointed by him on the advice of the Chief Justice.
  • Only such persons are eligible for the post of High Court who has worked as an advocate for at least ten years or held office in any Judicial Service for the same period.
  • The High Court is empowered to issue writs to any person or office for protecting the fundamental rights enshrined in the Constitution.
  • It has both original and appellate jurisdiction in civil as well as criminal cases.

Additional Information

• Uttar Pradesh High Court:
  • By the Indian High Courts Act passed by British Parliament in 1861, provision was made, not only for the replacement of the Supreme Courts of Calcutta, Madras, and Bombay and for the establishment of High Courts in their places, but the establishment of a High Court by Letters Patent in any other part of Her Majesty’s territories not already included in the jurisdiction of another High Court.
  • In the year 1866, the High Court of Judicature for the North-Western Provinces came into existence at Agra under Letters Patent of the 17th March 1866, replacing the old Sudder Diwanny Adawlat.
  • Sir Walter Morgan, Barrister-at-Law, and Mr. Simpson were appointed the first Chief Justice and the first Registrar respectively of High Court of North-Western Provinces.
  • The seat of the High Court for the North-Western Provinces was shifted from Agra to Allahabad in 1869 and its designation was altered to ‘the High Court of Judicature at Allahabad’ by supplementary Letters patent issued on March 11, 1919.
  • By the U.P. High Court Amalgamation Order, 1948, the Chief Court of Oudh was amalgamated with the High Court of Allahabad, and the new High Court has conferred the jurisdiction of both the Courts so amalgamated.
  • By the Amalgamation Order, the jurisdiction of the Court under the Letters Patent and that of the Chief Court under the Oudh Courts Act was preserved.
  • In July 1949 the States Merger (Governor’s Provinces) order was passed which was amended in November the States Merger (United Provinces) Order, 1949 whereby the powers of the Government of some Indian States specified in the Schedule, which had vested in the Dominion Government were transferred to the adjoining Governors’ Provinces.
  • On the eve of the Republic Day celebrations on the 26th January 1950 the date of commencement of the Constitution of India, the High Court of Judicature at Allahabad came to have jurisdiction throughout the entire length and breadth of the State of Uttar Pradesh.
  • By the Uttar Pradesh Reorganisation Act, 2000, State of Uttaranchal and Uttaranchal High Court came into existence from the midnight intervening 8 and 9 November 2000 and given section 35 of the Act, High Court at Allahabad ceased to have jurisdiction of 13 districts falling within the territory of State of Uttaranchal.
  • At present, sanctioned strength of Judges of the High Court of Judicature at Allahabad is 160.
  • The Chief Justice of Allahabad High Court is  Mr. Justice Rajesh Bindal, Chief Justice (As of Janurary 2023).

Court Structure in 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 The Regulating Act of 1773.

Key Points

• The Regulating Act of 1773 was the first significant step taken by the British Parliament to regulate the affairs of the East India Company in India.
• This Act led to the establishment of the Supreme Court of Judicature at Calcutta in 1774.
• The court had jurisdiction over British subjects in Bengal, Bihar, and Orissa, including employees of the East India Company and Indians associated with them.
• The Supreme Court consisted of a Chief Justice and three other judges, marking the beginning of a structured judiciary in India.
• This Act also laid the foundation for a centralized administrative system in British India.

Additional Information

• Supreme Court of Judicature (1774):
  • Located in Calcutta, it was the first Supreme Court in India, established by the British government.
  • Its establishment was aimed at ensuring justice and addressing the misconduct of East India Company officials.
• Regulating Act of 1773:
  • It marked the beginning of British parliamentary control over the administration of East India Company territories in India.
  • It also created the position of the Governor-General of Bengal, with Warren Hastings being the first to hold this office.
• Charter Acts:
  • The Charter Acts of 1793, 1813, and later years focused on renewing the Company's charter and introducing reforms.
  • They did not establish any judicial systems similar to the Supreme Court of Judicature in 1774.
• Government of India Act 1858:
  • This Act abolished the East India Company and brought Indian territories directly under the British Crown.
  • It did not deal with the establishment of courts but focused on transferring administrative control.

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