UPSC PYQ on Judiciary

Judiciary is important part of polity syllabus. Previous Year Question (PYQ) papers are invaluable resources for aspirants preparing for competitive exams like the Union Public Service Commission (UPSC) examinations. In this article we present important PYQ on Judiciary.

Q- Consider the following statements: (2022)

Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.
The Constitution of India defines Civil Contempt and Criminal Contempt.
In India, the Parliament is vested with the powers to make laws on Contempt of Court.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 1, 2 and 4 only

(d) 3 only

Answer- Option B

EXPLANATION

Statement 1 is correct: In 1961, a committee chaired by the late H N Sanyal, who was then the additional solicitor general. Conducted a thorough examination of contempt of court laws and issues, considering both domestic and international perspectives. On the committee’s recommendations Contempt of Courts Act, 1971 was enacted.

Statement 2 is correct. The Constitution of India, through Articles 129 and 215, grants the Supreme Court and the High Courts authority to penalize individuals for contempt of court.

3 statement is wrong: The Constitution of India does not provide explicit definitions for civil contempt or criminal contempt.

Statement 4 is correct. Article 142 (2) of the Indian Constitution, Supreme Court is empowered to issue orders for the punishment of contempt of court. It is subject to any laws enacted by Parliament on this matter. This indicates that Parliament holds the authority to legislate on contempt of court matters.

Q- With reference to India, consider the following statements: (2022)

Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(d) Neither 1 nor 2

Answer- Option B

EXPLANATION

Statement 1 incorrect. There is no prohibition on recognizing Corporate Lawyers and patent attorneys as lawyers; they are duly acknowledged as such.

Statement 2 is correct. The Bar Council of India fulfills its statutory obligation of enhancing legal education and setting standards by conducting visits and inspections of universities and law colleges across the nation. The Bar Council of India regulates both legal practice and legal education in India.

Q- With reference to the writs issued by the Courts in India, consider the following statements: (2022)

Mandamus will not lie against a private organization unless it is entrusted with a public duty.
Mandamus will not lie against a Company even though it may be a Government Company.
Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(d) 1, 2 and 3

Answer- Option C

EXPLANATION

Statement 1 is Correct. A court issues mandamus as a legal command to compel a public official or entity to carry out official duties they have neglected or refused to perform. Although it can target public bodies, corporations, lower courts, tribunals, or governments. It generally cannot be used against private entities unless they are involved in a public function.

2 Statement is incorrect. Mandamus can be utilized against government corporations and companies.

Statement 3 is correct. Quo Warranto is a legal action initiated by the court to investigate the validity of an individual’s claim to hold a public office. It serves to prevent unauthorized individuals from unlawfully occupying public positions.

Q- With reference to India, consider the following statements: (2021)
1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
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

Answer- Option B

EXPLANATION

Statement 1 is incorrect: Police Custody entails the physical custody of the accused by the police. It is typically involving confinement in a police station lockup. On the other hand, Judicial Custody refers to the custody of the accused under the supervision of the relevant Magistrate. It often involves confinement in a jail.

Statement 2 is correct: In Judicial Custody, the police officer handling the case is prohibited from interrogating the suspect. However, if the court deems it necessary based on the presented facts, it may authorize interrogations to take place.

Q- With reference to Indian Judiciary, consider the following statements. (2021)
1. Any retired judge of the Supreme Court of India can be called back to sit by the Chief Justice of India with prior permission of the President of India.
2. A High court in India has the power to review its own judgement as the Supreme Court does.
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

Answer- Option C

EXPLANATION

Statement 1 is correct: The Chief Justice of India has the authority to request a retired judge of either the Supreme Court or a high court (who is eligible for appointment to the Supreme Court) to serve as a temporary judge of the Supreme Court. However, this appointment requires prior consent from both the President and the nominee.

Statement 2 is correct: The Supreme Court of India possesses the authority to review its own judgments or orders, allowing it to deviate from previous decisions in the interest of justice or societal welfare. Similarly, as a court of record, a high court also holds the power to review and rectify its own judgments or orders.

Q- In India, separation of judiciary from the executive is enjoined by (2020)

(a) the Preamble of the Constitution

(b) a Directive Principle of State Policy

(d) the conventional practice

Answer- Option B

EXPLANATION

Separation of Judiciary is mentioned under Directive Principle of State Policy.

Q- Consider the following statements: (2019)

The- motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
The Constitution of India defines and gives details of what Constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
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

(d) 1, 3 and 4

Answer- Option C

EXPLANATION

A judge of the Supreme Court of India can be removed from office through a parliamentary motion based on grounds of ‘proven misbehaviour or incapacity’. However, the Constitution of India does not provide specific definitions or details regarding what constitutes ‘incapacity’ and ‘proved misbehaviour’.
The Judges Enquiry Act (1968) governs the procedure for the removal of a Supreme Court judge through impeachment. A removal motion should be signed by either 100 members of the Lok Sabha or 50 members of the Rajya Sabha is submitted to the Speaker/Chairman. The chairman may choose to admit or reject it.
If admitted, a three-member committee, comprising the Chief Justice or a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist, is constituted to investigate the charges. If the committee finds the judge guilty of ‘proved misbehaviour’ or ‘incapacity’, the motion is then debated in both Houses of Parliament and requires a special majority for approval. Ultimately, the President issues an order for the judge’s removal. No judge of the Supreme Court has been impeached thus far.

Q- With reference to the Constitution of India, consider the following statements: (2019)

No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.

Which of the statements given above is / are correct?

(a) 1 only

(b) 2 only

(d) Neither 1 nor 2

Answer- Option D

EXPLANATION

Both the Supreme Court (SC) and High Courts (HCs) hold the authority to challenge the validity of a constitutional amendment or a central law. Initially, the 42nd Amendment Act of 1976 limited the judicial review power of High Courts and prohibited them from assessing the constitutional validity of any central law. However, the 43rd Amendment Act of 1978 reinstated the original authority of High Courts, granting them the jurisdiction to declare any central law unconstitutional. Additionally, as the guardian of the Constitution, the Supreme Court has the power to nullify any constitutional amendment that contradicts the basic structure of the Constitution, as established in the Keshavananda Bharati case of 1973.

Q- In India, Judicial Review implies (2017)

(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.

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

Answer- Option A

EXPLANATION

Judicial Review, refers to the authority of the judiciary to assess the constitutionality of actions taken by the executive and legislative branches.

In India, the scope of judicial review has evolved across three main aspects: ensuring fairness in administrative actions, safeguarding the constitutionally guaranteed fundamental rights of citizens, and adjudicating disputes regarding legislative authority between the central and state governments.

Q- The power to increase the number of judges in the Supreme Court of India is vested in (2015)

(a) the President of India

(b) the Parliament

(d) the Law Commission

Answer- Option B

EXPLANATION

The authority to expand the size of the Supreme Court of India lies with the Parliament. As per the Indian Constitution, Parliament holds the power to govern judges. In 2019, Parliament passed a bill to increase the number of judges in the Supreme Court by four, raising the total number of judges, including the Chief Justice, from 31 to 34. Article 124 of the Indian Constitution outlines the establishment and provisions for the Supreme Court.

Q- The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its (2015)

(a) advisory jurisdiction

(b) appellate jurisdiction.

(d) writ jurisdiction

Answer- Option C

EXPLANATION

The term “Original Jurisdiction” in a court context denotes the authority of a specific court to initially address a particular matter. It encompasses cases involving disputes between the Centre and one or more states, as well as disputes between the Centre and any state or states on one side and one or more states on the other side. Additionally, it covers disputes between two or more states.

Q- With reference to National Legal Services Authority, consider the following statements: (2013)

Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
It issues guidelines for the State Legal Services Authorities to implement the legal programs and schemes throughout the country.

Which of the statements given above is / are correct?

(a) 1 only

(b) 2 only

(d) Neither 1 nor 2

Answer- Option C

EXPLANATION

The Legal Services Authorities Act of 1987 established the National Legal Services Authority (NALSA). NALSA aim to provide free legal assistance to the underprivileged segments of society and organizing Lok Adalats for amicably resolving disputes. Each state has established a State Legal Services Authority to implement NALSA’s directives and policies, provide free legal aid to individuals, and conduct Lok Adalats within the state.

Q- Which one of the following statements is correct? (2013)

(a) In India, the same person cannot be appointed as Governor for two or more States at the same time

(b) The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President

(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support

Answer- Option C

EXPLANATION

The 7th Constitutional Amendment Act of 1956 allows for the appointment of the same person as Governor for two or more States simultaneously.

Similarly, the assertion that Governors appoint Judges of High Courts is inaccurate. The President appoints High Court Judges, as well as Supreme Court Judges, although the process entails consulting with the Chief Justice of India and the Governor of the respective state, especially for appointing Chief Justice.

According to Section 45 of the Government of Union Territories Act, 1963, the President must appoint the Chief Minister, and the President appoints the rest of the Ministers upon the advice of the Chief Minister.

Hence, the only accurate statement is that there is no specified procedure in the Constitution of India for the removal of a Governor from office.

Also read about UPSC PYQ on Parliament and Fundamental Rights.

UPSC PYQ on Judiciary