Judiciary & Legal Rights - Solved Questions (2010- 2024) | UPSC Topic Wise Previous Year Questions PDF Download

Ans: (a)

• Prisons'/'persons detained therein' is a “State-List” subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India.
• Administration and management of prisons and prisoners is the responsibility of respective State Governments who are competent to take appropriate action in this regard. Hence, statement 1 is correct.
• However, given the significance of prisons in the Criminal Justice System, the Ministry of Home Affairs has been providing regular guidance and support to the States and UTs on diverse issues relating to prison administration.
• Under Prison act 1894, which governs the prisons, management and administration of prison falls in the domain of state governments. Hence statement 2 is correct.

Therefore, both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I.

Ans: (d)

• If the election of a person as President or Vice President is declared void by the Supreme court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration. Hence, statement 1 is not correct.
• When an assembly is dissolved, the members cease to be qualified to vote in the presidential election, even if fresh elections to the dissolved assembly are not held before the presidential election. Thus election to the president will not be postponed on the grounds that some Legislative Assemblies have been dissolved. Hence, statement 2 is not correct.
• Assent to Bills: When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom Procedures in Financial Matters. Hence, statement 3 is not correct.

Ans: (b)

• The Official Secrets Act was first enacted in 1923 and was retained after Independence. The law, applicable to government servants and citizens, provides the framework for dealing with espionage, sedition, and other potential threats to the integrity of the nation. The law makes spying, sharing ‘secret’ information, unauthorised use of uniforms, (Under Section-6) withholding information, interference with the armed forces in prohibited/ restricted areas, among others, punishable offences. If guilty, a person may get up to 14 years’ imprisonment, a fine, or both. Hence, pair 1 is correctly matched.
• Under section 7 of Official Secrets Act 1923 No person in the vicinity of any prohibited place shall obstruct, knowingly mislead or otherwise interfere with or impede, any police officer, or any member of 21 [the Armed Forces of the Union] engaged on guard, sentry, patrol or other similar duty in relation to the prohibited place. Hence pair 2 is NOT correctly matched.
• THE ARMS (AMENDMENT) ACT, 2019 says Whoever uses firearm in a rash or negligent manner or in celebratory gunfire so as to endanger human life or personal safety of others shall be punishable with an imprisonment for a term which may extend to two years, or with fine which may extend to rupees one lakh, or with both. Hence pair 3 is correctly matched.

Ans: (d)

• The Ayushman Bharat - Health and Wellness Centres (ABHWCs) were launched under the Ayushman Bharat Programme in a bid to move away from selective health care to a more comprehensive range of services spanning preventive, promotive, curative, rehabilitative and palliative care for all ages. Hence, statement 1 is not correct.
• In AB, HWCs at the Sub Health Centre (SHC) level, Multi-Purpose Workers (male & female) & ASHAs and Primary Health Centre / Urban Primary Health Centre are organized by state govt but in case of tertiary Health services Central govt is also a key stakeholders. Hence, statement 2 is correct.

Ans: (b)

• As per Article 355, it shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution. Hence, Statement 1 is correct.
• Article 22 (1) of the Constitution, for example, guarantees the right to legal counsel, but Article 22 (3) (b) strips this right from persons arrested or detained under preventive detention law. Relying on these provisions, the Supreme Court stated, in A.K. Roy v. Union of India, that detainees do not have the right to legal representation or cross-examination in Advisory Board hearings. Hence, statement 2 is correct.
• The Terrorist and Disruptive Activities (Prevention) Act, 1987 and the Prevention of Terrorism Act, 2002 (commonly known as TADA and POTA respectively) had made provisions to admit the confessions made by the accused before the police authorities. Hence, statement 3 is not correct.
  • The Indian Evidence Act, 1872 provides that confession made before police authority or under police custody is inadmissible.

Ans: (b)

• The 1963 Bill prepared by the Satyapal Committee was reviewed by a Joint Committee of Parliament (1969-70) (Bhargava Committee). Based on which the Contempt of Court Act, 1971 was enacted. Hence statement 1 is correct.
• Article 129 of the Constitution empowered the Supreme Court to punish for contempt of self. Article 215 gave the respective power to the High Courts. Hence statement 2 is correct.
• According to the Contempt of Court Act, 1971, contempt refers to the offence of showing disrespect to the dignity or authority of a court. The expression ‘contempt of court’ has not been defined by the Constitution. However, Article 129 of the Constitution empowers the Supreme Court to punish for contempt of self. Hence statement 3 is not correct.
• The power to punish for contempt is a constitutional power vested in the Supreme Court which cannot be curtailed or abolished even by a legislative act. Article 142(2) states that "subject to the provisions of any law made by Parliament in this behalf" the Supreme Court shall have full power to make any order on the punishment of contempt. Hence statement 4 is correct.

Ans: (b)

• Government law officers, legal firms and patent jurists are recognized as advocates, while corporate lawyers are outside the recognition of advocates. Hence statement 1 is not correct.
• The Bar Council of India is a statutory body established under Section 4 of the Advocates Act 1961 that regulates legal practice and legal education in India. Its members are elected from amongst lawyers in India and thus represent the Indian Bar. It sets standards of professional conduct, etiquette and exercises disciplinary jurisdiction over the bar.
• It also sets standards for legal education and provides recognition to universities whose law degrees will serve as qualifications for students to enroll as advocates at the undergraduate level. Hence, statement 2 is correct.

Correct Answer is Option (b)

• Police Custody means that police have the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In the former, the accused is lodged in a police station lockup while in latter, it is the jail. So, statement 1 is incorrect.
• When Police take a person into custody, the Cr.P.C kicks-in and they were produced before a Magistrate within 24 hours of the arrest.
• Police Custody with permission to interrogate
• During Judicial Custody, the police offi cer in charge of the case is not allowed to interrogate the suspect.
• However, the court may allow the interrogations to be conducted if it opines the interrogation being necessary under the facts produced before the court. So, statement 2 is correct. And, Option (b) is Correct.

Correct Answer is Option (d)

Following fundamental rights are related to “Equality”:

• Article 14 → Equality before law
• Article 15 → Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth
• Article 16 → Equality of opportunity in matters of public employment
• Article 17 → Abolition of untouchability
• Article 18 → Abolition of titles

Correct Answer is Option (a)

AS per the official page of NALSA: senior citizens eligible depending on income. So, #4 “ALL senior citizens eligible” is wrong. b and d eliminated.
As per the Legal Services Authority Act, 1987 → There is no provision of free legal aid for OBCs. (This eliminates the 3rd Statement) So, answer a: 1 and 2 only.

Correct Answer is Option (d)

• Rukhmabai was married off at an early age of 11. Hence by 1880 she fought a court case against her husband who demanded to live married life with her & have physical relations with him.
• She wanted to study further and also wanted the marriage age should be increased leading to the formation of Rukhmi bai defence committee supported by social reformers like Behramji Malabari, finally leading to the Age of Consent Bill- 1891 which increased the Minimum age of Marriage.
• She also became a doctor after resuming her studies.

Hence all 3 statements are correct.

Correct Answer is Option (b)

Article 36 to Article 51 of our Constitution deal with Directive Principles of the State Policy. Within that Article 50 deals prescribes Separation of judiciary from executive

Correct Answer is Option (b)

• Indian Forest Act was amended to omit the word "bamboos" from the definition of tree, to exempt bamboos grown on non-forest area from the requirement of permit for felling or transit under the said Act, and would encourage bamboo plantation by farmers resulting in the enhancement of their income from agricultural fields. So, #1 is wrong.
• In both b and c, statement #3 is common, so we've to accept it as true without verifying. Forest rights Act: Section 2(i) Minor forest produce includes bamboo, brushwood, honey, wax etc. So, #2 is right. Thus answer is b.

Correct Answer is Option (b)
2018-April: "The right to marry a person of one's choice is integral to Article 21 (right to life and liberty) of the Constitution". SC Judgement on Hadiya Case. Then answer is "b".

Correct Answer is Option (d)

Topic was in news during 2018-March: The World Justice Project released its Rule of Law Index 2017-18 report, which measures the extent to which 113 countries have adhered to the rule of law in that perio(d) (India's rank was 62, better than China, Pakistan, Myanmar and Bangladesh; Denmark occupied the top spot. Ref: TheHindu

Correct Answer is Option (b)

• Under RTE Act section 23, National Council for Teacher Education (NCTE) decides the minimum qualification. So, #1 is wrong.
• After RTE it is mandatory that only those people may be appointed as teachers who are able to clear TET.
  So, #2 is right. Thus by elimination, we get the correct answer b: only 2.

Correct Answer is Option (a)

Judicial review means the power of SC or HC to examine the constitutionality of any law. So, "A" is the most fitting option.

Correct Answer is Option (b)

Each Gram Nyayalaya is a court of Judicial Magistrate of the first class and its presiding officer is appointed by the state government in consultation with the High court. Gram Nyayalaya Act; 2008 came into force of Oct, 2, 2009. The objective of this Act is to Provide inexpensive justice to people in rural areas at their doorsteps.

• Gram Nyayalaya try criminal cases, civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule of the Gram Nyayalaya Act the Act.The Gram Nyayalaya are supposed to try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it can make use of the appointed conciliators.
• Reference- Page no. 601 of India year book 2016, under heading Judiciary it says- Panchayat Courts also function in some states under various names like Nyaya Panchayat, Panchayat Adalat, Gram Kachehri, etc., to decide civil and criminal disputes of petty and local nature. That means first statement is wrong.
• Under this act, District court with consultation of DM, prepares panel of social workers to act as councilors. Hence 2nd statement is right.

Correct Answer is Option (c)

The original jurisdiction of supreme court includes disputes between

1. The centre and one or more states; or
2. The centre and any state or states on one side and one or more states on the other; or
3. Between two or more states.

In the above federal disputes, the supreme court has exclusive original jurisdiction. Meaning, no other count can decide such disputes.

Correct Answer is Option (c)

The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes. In every state, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State.

Correct Answer is Option (c)

Consumers are empowered to take samples for food testing. In case of death of a consumer his/her legal heir can file a complaint in the consumer forum on his /her behalf.

Correct Answer is Option (c)

The Original Jurisdiction of the Supreme Court includes dispute between the Government of India and one or more States, and dispute between two and more States.

Correct Answer is Option (c)

Both are correct. Hence the option (c) is right.

Correct Answer is Option (a)

1st and 3rd are correct statements thus option (a) is right.

Correct Answer is Option (c)

Article: 30 of the constitution of India States that All minorities (whether religious or linguistic) shall have the right to establish and administer educational institutions of their choice.

Article-331 provides for nomination of two anglo-Indians to the Lok-Sabha. But as if now their is no provision for the nomination of religious Minorities to the Lok-Sabha.

However religious minorities can avail benefits from the prime minister’s 15-point programme.

Correct Answer is Option (d)

Disable students come under the Right to Education and RTE Act provides for free and compulsory education to ‘children’ between the ages six and 14 years, though under the Persons with Disability (PWD) Act, a child refers to a person up to the age of 18 years. So statement 1 is correct. Please note that Persons with Disability (PWD) Act provides for ramps in public building; adaptation of toilets for wheel chair users; Braille symbols and auditory signals in elevators or lifts; ramps in hospitals, primary health centres and other medical care and rehabilitation institutions. The same Act also states that appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates.

Correct Answer is Option (d)

With reference to the Universal Declaration of Human Rights: Article 25 says everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Article 21(2) says– everyone has the right of equal access to public service in his country. Article 26(1) says–Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages.

Correct Answer is Option (d)

The UN Convention on the Rights of the Child (adopted on Nov. 20, 1989) is the first legally binding international instrument to incorporate the full range of human rights i.e. civil, cultural, economic, political and social rights.

Correct Answer is Option (b)

According to Article 143 (Power of President to consult Supreme Court).

Correct Answer is Option (d)

Cases that are pending in regular courts can be transferred to a Lok Adalat if both the parties agree. These are usually presided over by retired judges, social Activists, or other members of the legal profession. Lok Adalats can deal with any matter falling within the jurisdiction whether it is of civil or criminal in nature.