Indian Polity · MCQs

Judiciary - Courts, Tribunals and Judicial Review MCQs

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From the 100 in PrepShark’s Judiciary - Courts, Tribunals and Judicial Review set (Indian Polity). Pick an answer, then open the explanation.

Question 01
Under Article 132, an appeal lies to the Supreme Court from a judgment of a High Court:
1. Option A: only in civil proceedings where the subject matter exceeds a value prescribed by Parliament
2. Option B: only in criminal proceedings where a sentence of death has been passed
3. Option C: only where the Supreme Court has first granted special leave
4. Option D: in any civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution
Answer and explanation
Answer: D. in any civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution
**Why D is correct.** **Article 132** is the **constitutional appeal**, available in **civil, criminal or other** proceedings on a High Court **certificate** that a substantial question of constitutional interpretation is involved. **Why A is incorrect.** Civil appeals are under **Article 133**, and the valuation test was abolished in 1972. **Why B is incorrect.** Death-sentence appeals are a head of **Article 134**. **Why C is incorrect.** Special leave under **Article 136** is a separate, discretionary route that needs no certificate.
Question 02
Consider the following statements regarding appeals to the Supreme Court in criminal matters: 1. An appeal lies without a certificate where the High Court, on appeal, has reversed an order of acquittal and sentenced the accused to death. 2. An appeal lies without a certificate where the High Court has withdrawn a case from a subordinate court, convicted the accused and sentenced him to imprisonment for life. 3. Parliament has enlarged the criminal appellate jurisdiction of the Supreme Court in exercise of its power under Article 134(2). Which of the statements given above are correct?
1. Option A: 1 and 2 only
2. Option B: 2 and 3 only
3. Option C: 1 and 3 only
4. Option D: 1, 2 and 3
Answer and explanation
Answer: C. 1 and 3 only
**Statement 1 is correct.** This is **Article 134(1)(a)**: reversal of an acquittal coupled with a **death sentence**. **Statement 2 is incorrect.** **Article 134(1)(b)** also requires a **sentence of death**, not life imprisonment, when the High Court has withdrawn and tried the case itself. **Statement 3 is correct.** The **Enlargement of Criminal Appellate Jurisdiction Act, 1970** extended the right of appeal to cases of **life imprisonment** or imprisonment for **ten years or more** in such situations.
Question 03
Consider the following statements regarding the original jurisdiction of the Supreme Court under Article 131: 1. It covers a dispute between the Government of India and one or more States involving a question on which the existence or extent of a legal right depends. 2. A private citizen may file a suit against a State Government directly in the Supreme Court under this Article. 3. It does not extend to a dispute arising out of a pre-Constitution treaty or agreement that continues in operation and excludes such jurisdiction. Which of the statements given above are correct?
1. Option A: 1 only
2. Option B: 2 and 3 only
3. Option C: 1 and 3 only
4. Option D: 1, 2 and 3
Answer and explanation
Answer: C. 1 and 3 only
**Statement 1 is correct.** Article 131 is a **federal jurisdiction**: Union versus States, Union and States versus States, or **State versus State**, on a question of law or fact on which a **legal right** depends. **Statement 2 is incorrect.** Only the **Union and the States** can be parties. A **private person** must approach the courts by suit or writ; Article 131 is not open to him. **Statement 3 is correct.** The **proviso** to Article 131 excludes disputes from **pre-Constitution treaties, agreements, covenants or sanads** that continue in operation.
Question 04
This tribunal was set up under a 2007 Act. It adjudicates disputes about commission, appointment, enrolment and conditions of service of persons subject to the Army, Navy and Air Force Acts, and also hears appeals against orders of courts-martial. The tribunal is:
1. Option A: the Central Administrative Tribunal
2. Option B: the National Company Law Appellate Tribunal
3. Option C: the Appellate Tribunal for Electricity
4. Option D: the Armed Forces Tribunal
Answer and explanation
Answer: D. the Armed Forces Tribunal
**Why D is correct.** The **Armed Forces Tribunal Act, 2007** created the **AFT** with both **service** and **court-martial appellate** jurisdiction. **Why A is incorrect.** The **CAT** handles civilian public servants; **members of the defence forces** are expressly outside its jurisdiction. **Why B is incorrect.** The **NCLAT** hears appeals in company law and insolvency matters. **Why C is incorrect.** The **APTEL** hears appeals from electricity regulators.
Question 05
Under Article 130, the Supreme Court sits in Delhi or in such other place or places as may be appointed by:
1. Option A: the President, after consultation with the Chief Justice of India
2. Option B: Parliament, by law
3. Option C: the full court of the Supreme Court, by resolution
4. Option D: the Chief Justice of India, with the approval of the President
Answer and explanation
Answer: D. the Chief Justice of India, with the approval of the President
**Why D is correct.** **Article 130** gives the initiative to the **CJI** and requires only the **approval of the President**. This is the basis on which benches elsewhere are periodically demanded. **Why A is incorrect.** This reverses the roles: the **President approves** a decision the CJI takes; he does not act after consulting the CJI. **Why B is incorrect.** No **law of Parliament** is needed; the Article is self-contained. **Why C is incorrect.** The **full court** has no role under Article 130.

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