Revision Series | Polity | Judiciary | 50

Answer: (a)

• Gram Nyayalayas or village courts are established under the Gram Nyayalayas Act, 2008 for speedy and easy access to the justice system in the rural areas of India.
• The Gram Nyayalayas are presided over by a Nyayadhikari, who will have the same power, enjoy the same salary and benefits as a Judicial Magistrate of First Class.
• Appointment: By the State Government in consultation with the respective High Court.
• Jurisdiction: Over an area specified by a notification by the State Government in consultation with the respective High Court.
• The Court can function as a mobile court at any place within the jurisdiction of such Gram Nyayalaya, after giving wide publicity in that regard.
• They have both civil and criminal jurisdiction over the offences.
• Gram Nyayalayas allow for conciliation of the dispute and settlement of the same in the first instance.
• Appeals from the decisions of Gram Nyayalayas lie directly with the District Court of the respective state.

Answer: (c)

The district judge is the highest judicial authority in the district. He possesses original and appellate

jurisdiction in both civil as well as criminal matters. When he deals with civil cases, he is known as the

district judge and when he hears the criminal cases, he is called as the sessions judge. The district judge

exercises both judicial and administrative powers. He also has supervisory powers over all the subordinate courts in the district.

Appeals against his orders and judgements lie to the High Court. The sessions judge has the power to impose any sentence including life imprisonment and capital punishment (death sentence). However, a capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not.

Answer: (b)

The appointment, posting and promotion of district judges in a state are made by the governor of the state in consultation with the high court. A person to be appointed as district judge should have the following qualifications:

• He should not already be in the service of the Central or the state government. Hence statement 1 is correct.
• He should have been an advocate or a pleader for seven years. Hence statement 2 is not correct.
• He should be recommended by the high court for appointment. Hence statement 3 is correct.

Answer: (d)

• The Constitution, under Article 239AA, establishes the Union Territory of Delhi and its legislature. It does not provide for High Court of Delhi. High Court of Delhi was established by enacting the Delhi High Court Act, 1966.
• Article 136: SLP is a discretionary power and hence, cannot be claimed as a matter of right.

Answer: (c)

• The term puisne judge is used in common law countries to refer to judges who are ranked lower in seniority, i.e., any judge other than the Chief Justice of that court.

Answer: (b)

• Family court is a specialised court that handles legal matters arising from family interactions. The Family Courts Act of 1984 was enacted to provide for the establishment of Family Courts. The main goal of family courts is to remove family and marital disputes from overburdened and traditional courts of law and place them in a simple court where a layperson could understand the procedure. The two pillars upon which the entire structure of family courts is built are counselling and conciliation.
• The State government, after consulting with the High Court, shall establish the Family Court in every area of the state with a population of more than one million people or in any other area where the State government deems it necessary.
• Section 7 of this act grants the family courts the same powers and jurisdiction as the District Court or Subordinate Civil Courts in their suits and proceedings.

Answer: (d)

• The Parliament determines the salary, other allowances, leave of absence, pension, etc. of the Supreme Court judges.
• Salaries, allowances, and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India.

Answer: (c)

• Judge of Supreme Court holds office until he attains the age of 65 years. (Any question regarding his age is to be determined by such authority and in such manner as provided by Parliament). He can be removed from his office by the President on the recommendation of the Parliament. Hence, he does not have a fixed tenure.
• The judge of a high court can be removed in the same manner and also on the same grounds i.e. proved misbehavior and incapacity as a judge of the Supreme Court.

Answer: (b)

• On any question of law or fact of public importance which has arisen or which is likely to arise. In this case, the Supreme Court may tender or may refuse to tender its opinion to the President. Hence statement 2 is not correct.
• The Judges Enquiry Act, 1968 regulates the procedure relating to the removal of a judge of a high court.

ANSWER: (c)

• Unlike in the case of the Supreme Court, the Constitution makes no provision for appointment of a distinguished jurist as a judge of a high court
• A person when appointed as a judge of a high court, has to make and subscribe an oath before the governor of the state or some person appointed by him for this purpose, before entering upon his office.

Answer: c

Answer: (d)

• Article 124 of the Constitution of India, 1950 establishes the Supreme Court of India and regulates the appointment of judges. The framers of the Constitution had fixed the strength of the Supreme Court to one Chief Justice and seven other judges. However, they left it to the future Parliaments to alter this composition.
• The Parliament enacted The Supreme Court (Number of Judges) Act, 1956 (‘Act’) and has amended this Act in six instances to fix the maximum ceiling for the number of judges. In 1956 the number was raised to 11. It was further amended to 14 in 1960, 18 in 1978, 26 in 1986 and 31 in 2009.
• This act was amended for the seventh time In August 2019, when the Parliament amended the Act further to increase the number of judges to 34 Judges including Chief Justice.

Answer: (c)

• The Seventh Constitutional Amendment Act of 1956 amended two articles Article 170 and 171. Under clause (1) of Article 171, the maximum strength of the Legislative Council of a State is fixed at one-fourth of the strength of the Legislative Assembly of that State. Although in the larger States, like Uttar Pradesh and Bihar, this maximum is adequate, it leads to difficulties in the case of the smaller States. It is, therefore, proposed to alter the maximum to one-third of the strength of the Legislative Assembly.
• The Constitution of India provides for a high court for each state, the Seventh Constitutional Amendment Act of 1956 amended Articles 230, 231, and 232 stating,

Answer: (a)

• There are 25 High Courts in India, six having control over more than one State/UT.
• Mumbai high court is for Goa and Maharasthra
• The Chief Justice of a High Court is appointed by the President.

Answer: (c)