Indian Polity — Judicial System: Key Doctrines, PIL, Tribunals & More

Figure 1: Key doctrines, judicial review, PIL, and tribunals are frequently tested in UPSC examinations.

1. Key Doctrines of Constitutional Interpretation

• Doctrine of Severability: Offending provisions can be voided without invalidating the entire statute.
• Doctrine of Waiver: Rights or privileges can be intentionally given up.
• Doctrine of Eclipse: Laws inconsistent with fundamental rights are overshadowed, not invalid.
• Doctrine of Territorial Nexus: State laws apply only within the state unless a sufficient nexus exists.
• Doctrine of Pith and Substance: Validity of legislation depends on its substance within jurisdiction.
• Doctrine of Colourable Legislation: Prohibitions apply indirectly to prevent misuse of authority.
• Doctrine of Incidental and Ancillary Powers: Enables laws for public benefit not explicitly stated.
• Doctrine of Precedent: Prior court decisions must be followed within limits.
• Doctrine of Occupied Field: State laws obstructing parliamentary laws are repugnant.
• Doctrine of Prospective Overruling: Decisions apply only in the future.
• Doctrine of Harmonious Construction: Interpretations together to resolve inconsistencies.
• Doctrine of Liberal Interpretation: The Constitution should be read broadly.

KNOWLEDGE NUGGET

• Severability: Void offending provisions only
• Eclipse: Laws overshadowed, not invalid
• Pith and Substance: Validity depends on substance
• Colourable Legislation: Indirect misuse of authority
• Prospective Overruling: Decisions apply only in future

2. Additional Provisions Related to Supreme Court

Ad Hoc Judge (Article 127)

• Appointment: CJI can appoint a High Court judge as an Ad Hoc judge when there is a lack of quorum. Requires consultation with the Chief Justice of the concerned High Court and the President's consent.
• Jurisdiction: Ad hoc judges possess the same powers and privileges as Supreme Court judges.
• Qualifications: Must be qualified for appointment as a Supreme Court judge.

Seat of Supreme Court (Article 130)

• Location: The Supreme Court is constitutionally located in Delhi.
• Alternative Seats: The CJI can appoint another location as the Supreme Court's seat with Presidential approval (optional).

Procedure of the Court

• Rule-Making: The Supreme Court, with Presidential approval, can regulate its practice and procedure.
• Bench Composition: Constitutional cases or Presidential references are decided by a bench of at least five judges; other cases can be decided by single or division benches.
• Judgement Delivery: Majority voting is required, with provisions for dissenting opinions.

Appeal by Special Leave (Article 136)

• Special Leave: Grants special leave to appeal from judgments of any court or tribunal, except court martial.
• Key Features:
  • Discretionary, not a right.
  • Applicable to final or interlocutory judgments.
  • Covers various matters (constitutional, civil, criminal, etc.).
  • Used sparingly in exceptional cases.

Advisory Jurisdiction (Article 143)

• The President can seek Supreme Court's opinion on:
  • (a) any question of law/fact of public importance and
  • (b) on disputes arising from pre-constitutional treaties/agreement/sanad etc.
• Note: In (a) SC may/may not give its opinion. In (b) SC bound to give its opinion.
• Nature of Opinion: Advisory, not binding; the President may choose whether to follow it.
• Reference Made: Fifteen references made by the President by 2024. Example: 2G spectrum case verdict (2012).

Interpretation of Constitution (Article 147)

• Role: The Supreme Court serves as the ultimate interpreter of the Constitution.
• Guiding Doctrines: Includes severability, waiver, eclipse, pith and substance, etc.

SUPREME COURT — ADDITIONAL PROVISIONS

• Ad Hoc Judge (Art 127): CJI appoints HC judge with President's consent
• Seat (Art 130): Delhi — CJI can appoint alternative seat with Presidential approval
• Special Leave (Art 136): Discretionary appeal from any court/tribunal
• Advisory (Art 143): President seeks opinion — not binding

3. Other Powers of the Supreme Court

• Election Disputes: Decides disputes regarding the election of the President and Vice-President (original, exclusive, and final authority).
• UPSC Conduct: Enquires into the conduct of UPSC members based on Presidential reference; advice is binding.
• Self-Correction: Power to review its own judgments.
• Case Management: Can withdraw cases from High Courts or transfer cases between High Courts.
• Binding Authority: Supreme Court's law and judgments are binding on all Indian courts.
• Parliamentary Power: Parliament can enlarge the Supreme Court's jurisdiction regarding Union matters.

Articles Related to Jurisdiction

• Article 141: Law declared by the Supreme Court is binding on all courts.
• Article 142: Enforcement of Supreme Court decrees and orders.

ARTICLE 142 — COMPLETE JUSTICE

Article 142 empowers the Supreme Court to pass orders or decrees necessary for ensuring complete justice in any pending case. This provision is often associated with judicial activism. For instance, in the Union Carbide Case (1989), related to the Bhopal Gas Tragedy, the SC invoked Article 142 to override parliamentary laws and award compensation to victims. [UPSC 2019]

4. Types of Advocates under the Advocates Act, 1961

1. Senior Advocates

• Designation: Senior Advocates are designated by the Supreme Court or High Courts based on merit, including their standing at the Bar, special knowledge, or experience in law.
• Eligibility: Retired Chief Justices or Judges of HCs can also be considered.
• Practice Rules: They must appear in the SC alongside an Advocate-on-Record.
• Designation Process: Governed by the Supreme Court Rules, 2013. A Permanent Committee chaired by the Chief Justice of India handles senior advocate designations. The committee includes:
  • CJI (Chairperson)
  • Two senior-most SC judges
  • Attorney General
  • A Bar member nominated by the Chairperson

2. Advocate-on-Record (AoR)

• Role: Advocates-on-Record can file appearances and act for a party in the SC.
• Eligibility: Advocates with 7 years of standing can register as AoR after passing the AoR examination.
• Examination: Introduced in 1959 and conducted by the SC under the supervision of the Secretary of the Board of Examiners, appointed by the CJI.
• Training: Advocates must undergo one year of continuous training under an AoR with at least 10 years of experience.

3. Other Advocates

• Eligibility: Advocates registered with any State Bar Council under the Advocates Act, 1961.
• Limitations: They cannot appear in the SC unless instructed by an AoR or permitted by the Court.

ADVOCATES ACT, 1961

• The Advocates Act, 1961 recognises Advocates as the only class of persons entitled to practice law in India. This includes corporate lawyers and patent attorneys, who are also recognized as advocates with no restriction on their recognition. [UPSC 2022]

5. Additional Provisions Related to High Courts

Transfer of Judges (Article 222)

• Presidential Power: The President can transfer judges of High Courts after consulting the CJI.
• Compensatory Allowance: Transferred judges receive an allowance determined by Parliament.
• Judicial Review: Necessary to prevent arbitrariness in transfers; only the transferred judge can challenge the transfer.
• Third Judges Case (1998): CJI must consult a collegium of senior judges and the Chief Justices of the relevant High Courts.

Additional and Acting Judges (Article 224)

• Appointment: The President can appoint additional judges for up to two years during temporary increases in workload.
• Age Limit: Cannot hold office after reaching 62 years.

Supervisory Jurisdiction (Article 227)

• Scope: Superintendence over all state courts and tribunals, excluding military courts.
• Types: Includes both administrative and judicial superintendence; can act suo-motu.
• Usage: Applied in extraordinary cases for excess jurisdiction, natural justifications, and manifest injustice.

Control Over Subordinate Courts (Article 235)

• High Court manages district and lower courts, overseeing transfers, promotions, and leave of office.

HIGH COURTS — KEY PROVISIONS

• Transfer (Art 222): President transfers HC judges after consulting CJI
• Additional Judges (Art 224): Appointed for up to 2 years
• Supervisory (Art 227): Over all state courts and tribunals
• Control (Art 235): Over subordinate courts

6. Alternative Dispute Resolution (ADR)

• Arbitration: A neutral arbitrator makes binding decisions on disputes. Governed by the Arbitration and Conciliation Act, 1996, it is used for both domestic and international disputes.
• Conciliation: A neutral party helps disputants reach an agreement amicably. It follows the UNCITRAL Conciliation Rules (1980) and is commonly used in commercial and civil disputes.
• Mediation: Involves a facilitator assisting parties in negotiating a settlement. It is non-binding and mandated by laws such as the Hindu Marriage Act, often used in family and matrimonial disputes.
• Negotiation: Parties directly discuss and resolve disputes, with a neutral party having a limited role. It is effective for family, industrial, and petty disputes.

ADR — KEY POINTS

• Arbitration: Binding — Arbitration and Conciliation Act, 1996
• Conciliation: UNCITRAL Rules (1980)
• Mediation: Non-binding — Hindu Marriage Act
• Negotiation: Direct discussion

7. National Legal Services Authority (NALSA)

• Background: Established under the Legal Services Authorities Act (1987), effective from November 9, 1995, to provide free legal services for the weaker sections.
• Objectives: Its objective is to provide free and competent legal services to the weaker section of the society on the basis of equal opportunity. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country. [UPSC 2013]

Constitutional Provisions

• Article 39A: Ensures free legal aid for the poor.
• Articles 14 & 22(1): Mandate state responsibility for equality before law and equal opportunity.

Legal Service Institutions

• State Legal Services Authorities: Oversee district and taluka legal services, conducting Lok Adalats and awareness camps.
• The Supreme Court Legal Services Committee: Manages legal services related to the Supreme Court.

Eligibility for Free Legal Services

• Women, children, SC/ST members, victims of disasters, disabled persons, and low-income individuals (≤ ₹1 lakh; ₹1.25 lakh for Supreme Court). [UPSC 2020]

Services Offered

• Coverage of court fees, lawyer services, certified document copies, and appeal preparation.

Initiatives

• Legal Service Mobile App: Facilitates access to justice.
• DISHA Scheme: Aims for holistic access to justice (2021-26).
• Nyaya Bandhu (Pro Bono Legal Service)

Roles and Functions of NALSA

• Set policies, monitor implementation, organise Lok Adalats, and conduct legal literacy programs.
• Coordinate with government and non-government agencies for effective service delivery.

NALSA — KEY POINTS

• Established: Legal Services Authorities Act, 1987
• Effective: November 9, 1995
• Constitutional Basis: Art 39A, 14, 22(1)
• Eligibility: Women, children, SC/ST, disabled, low-income (≤₹1 lakh)
• Initiatives: Legal Service Mobile App, DISHA Scheme, Nyaya Bandhu

8. Lok Adalat

• Definition: Lok Adalat, or people's court, serves as an Alternative Dispute Resolution (ADR) mechanism aimed at resolving disputes outside traditional court settings. It promotes informal, affordable, and expedient resolutions, reflecting Gandhian principles.
• Statutory Status: Established under the Legal Services Authority Act, 1987, it provides a structured framework for dispute resolution.
• Historical Context: The first Lok Adalat was held in Gujarat in 1982, successfully settling various disputes, leading to its expansion across India.
• Composition: Consists of such number of serving or retired judicial officers and other persons of the area as may be specified by the agency. Generally, a Lok Adalat consists of a judicial officer as the chairman and a lawyer (advocate) and a social worker as members.

Types of Lok Adalat

• 1. National Lok Adalats: Conducted regularly, these cover all courts nationwide on designated days since 2015.
• 2. State Lok Adalats: Also known as Regular Lok Adalats, these can be categorised into:
  • Continuous Lok Adalat: Operates for a set number of days for ongoing cases.
  • Daily Lok Adalat: Held every day to address disputes.
  • Mobile Lok Adalat: Utilises multi-utility vans to reach remote areas, resolving petty cases and raising legal awareness.
  • Mega Lok Adalat: Organised statewide on a single day across all courts.
• 3. Permanent Lok Adalat:
  • Established: Under the Legal Services Authorities Act, 1987, amended in 2002.
  • Purpose: Resolves disputes related to public utility services.
  • Composition: Chairman: A serving/retired district judge or higher judicial officer. Two members: Experts in public utility services.
• 4. Jurisdiction: Covers services like transport, postal, telegraph, electricity, sanitation, hospitals, and insurance. Pecuniary limit: Initially ₹10 lakhs, raised to ₹1 crore in 2015. No jurisdiction over non-compoundable offences.
• 5. Application: Once a case is filed, parties cannot approach other courts.
• 6. Settlement: Tries to formulate settlement terms. If no agreement, resolves the dispute on merits.
• 7. Award: The award is final and binding, with no appeal allowed.

LOK ADALAT — KEY POINTS

• First Held: Gujarat, 1982
• Statutory Basis: Legal Services Authority Act, 1987
• Permanent Lok Adalat: 2002 Amendment — Public utility services
• Pecuniary Limit: ₹10 lakhs (raised to ₹1 crore in 2015)
• Award: Final and binding — No appeal

9. Gram Nyayalayas

• Objective: To provide access to justice at the grassroots level, ensuring speedy and affordable dispute resolution in rural areas.
• Establishment: For every Panchayat at the intermediate level or a group of contiguous Panchayats. Headquarters are located at the intermediate Panchayat, but the court travels to villages.
• Composition: Presiding officer (Nyayadhikari): A Judicial Magistrate of the first class, appointed by the State Government in consultation with the High Court. Adequate representation from SC/ST, women, and other communities is mandated.
• Jurisdiction: Criminal and civil jurisdiction over cases specified in the First and Second Schedule. Can try cases involving property, land, or personal status. Can try cases related to both criminal offenses and civil disputes using summary procedure.
• Conciliation: The court aims to resolve disputes through conciliation with the help of appointed conciliators [UPSC 2016]. Not bound by the Indian Evidence Act, but guided by principles of natural justice.
• Appeals: Criminal cases: Appeals go to the Sessions Court, which must dispose of them within 6 months. Civil cases: Appeals go to the District Court, with the same 6-month disposal timeline. [UPSC 2016]
• Salary: Nyayadhikaris receive the same salary and allowances as First Class Judicial Magistrates.
• Language: Judgements and proceedings are conducted in the local state language.
• Awards: The decision of the Gram Nyayalaya is treated as a decree and follows summary procedures for execution.

GRAM NYAYALAYAS — KEY POINTS

• Objective: Grassroots access to justice
• Presiding Officer: Judicial Magistrate of first class
• Conciliation: Aims to resolve through conciliation
• Appeals: Sessions Court (Criminal) / District Court (Civil) — 6 months
• Language: Local state language

10. Commercial Courts

• Purpose: Establish specialised courts for quick resolution of commercial disputes.
• Commercial Courts: Set up by State Governments at the district level for disputes above ₹3 lakh.
• Commercial Appellate Courts: Handle appeals from lower commercial courts, established at the District Judge level.
• High Court:
  • Commercial Division: For commercial disputes in High Courts with original jurisdiction.
  • Commercial Appellate Division: Hears appeals from Commercial Courts/Divisions.

11. Tribunals in India

• Definition: Judicial or quasi-judicial bodies established by law to resolve specific disputes efficiently, often with subject matter expertise.

Constitutional Provisions

• 42nd Amendment Act, 1976: Introduced Part XIV-A on Tribunals in the Constitution, comprising:
  • Article 323A: Pertains to administrative tribunals.
  • Article 323B: Covers tribunals for other matters like taxation.

Differences Between Articles 323A and 323B

Article 323A	Article 323B
Establishes tribunals for public service	Establishes tribunals for various matters
Created solely by Parliament	Both Parliament and State Legislatures
No hierarchy of tribunals	Hierarchy may be established

Salient Features

• Expertise: Composed of members with specialised knowledge.
• Flexible Procedures: Not bound by the Civil Procedure Code (CPC).
• Natural Justice: Adhere to fair hearing principles.
• Quasi-Judicial Powers: Can hear evidence, examine witnesses, and make binding decisions.
• Expedited Process: Faster resolution compared to traditional courts.
• Appellate Authority: Tribunal decisions can be appealed to higher courts.

Functions of Tribunals — Administrative Tribunals (Article 323A)

• Central Administrative Tribunal (CAT): Established in 1985, under the Administrative Tribunals Act, 1985. Principal Bench in Delhi, with additional benches in various states.
• Jurisdiction: Covers all-India services, Central civil services, and civilian employees of defence services.
• Excludes: Members of the defence forces, officers of the Supreme Court, and Parliament's secretarial staff.
• Structure: Multi-member body: 69 Hon'ble Members in various Benches of the Tribunal out of which 34 are Judicial Members and 35 are Administrative Members.
• Appointment: Made by the President, based on recommendations from a Supreme Court Judge-led committee and approved by the Appointments Committee of the Cabinet.
• Term: Chairman — 5 years or until 65 years of age; Members — 5 years or until 62 years of age.
• Procedure: Follows natural justice principles, not bound by the Civil Procedure Code. A nominal ₹50 fee is required for application, and individuals can appear either in person or via a lawyer.

APPEALS FROM TRIBUNALS

• Initially, appeals could only be made to the Supreme Court.
• L. Chandra Kumar Case (1997): High Courts regained jurisdiction, and appeals must first be made to the concerned High Court before approaching the Supreme Court.

Tribunal Reforms Act, 2021

• Objective: Streamlines and rationalises the functioning of various tribunals to improve efficiency and reduce costs.
• Finance Act 2017: Merged several tribunals based on sectors. Empowered the Central Government to make rules.

12. Judicial Review vs Judicial Activism vs Judicial Restraint vs Judicial Overreach

Aspect	Judicial Review	Judicial Activism	Judicial Restraint	Judicial Overreach
Definition	Process of reviewing laws to ensure they align with the Constitution.	Interpretation of the Constitution to address contemporary issues.	Judges avoid striking down laws unless there is a clear violation.	Judiciary encroaches into executive or legislative domains.
Goals	Ensures laws conform to Fundamental Rights and the Constitution.	Addresses societal needs and gaps left by other branches.	Limits judicial interference in policy matters.	Attempts to compensate for failures of executive/legislature.
Intent	Validates laws based on constitutional principles.	To promote necessary societal changes.	Preserves the separation of powers.	Overturns or intrudes into executive/legislative functions.
Power	Protect and enforce FRs by invalidating unconstitutional laws.	Act when other constitutional bodies fail, through PILs or suo-motu.	Maintain judicial humility, intervening only in constitutional cases.	Often infringing upon the domain of executive or legislature.
Examples	Striking down Section 66A of the IT Act.	PILs, suo-motu cases, new doctrines.	Upholding laws unless clear constitutional violation.	Liquor ban near highways, film censorship.
Impact	Ensures rule of law and constitutional supremacy.	Promotes social justice.	Respects separation of powers.	Undermines separation of powers.

13. Key Supreme Court Cases — Judicial Review

• Golaknath v. State of Punjab (1967): Ruled Parliament cannot amend Fundamental Rights.
• 24th Amendment: Allowed amendments to any part of the Constitution.
• Kesavananda Bharati v. State of Kerala (1973): Established limitations on amending power; basic structure must be preserved.
• I.R. Coelho Case (2007): Affirmed judicial review as a basic feature; laws added to the Ninth Schedule after April 24, 1973 can be challenged.

KEY CASES — JUDICIAL REVIEW

• Golaknath (1967): Parliament cannot amend FRs
• Kesavananda Bharati (1973): Basic structure doctrine
• I.R. Coelho (2007): Judicial review is a basic feature

14. Public Interest Litigation (PIL)

• Also known as Social Action Litigation (SAL), Social Interest Litigation (SIL), and Class Action Litigation (CAL). It is legal action initiated for public interest, addressing issues that affect legal rights and liabilities of individuals.
• Origin: Developed in the USA in the 1960s to represent underrepresented groups; introduced in India in the 1980s through judicial activism by the Supreme Court, pioneered by Justices V.R. Krishna Iyer and P.N. Bhagwati.
• Features: Public interest litigation (PIL) ensures justice for the poor, focusing on public interest rather than individual rights. It addresses rights violations of disadvantaged groups, actively enforcing public duty with flexibility not found in traditional litigation.

Scope of PIL

• Addresses issues such as bonded labour, neglected children, police harassment, atrocities on women, environmental pollution, food adulteration, and more.

Exclusions from PIL

• Does not entertain matters related to:
  • Landlord-tenant disputes.
  • Service matters (e.g., pension, gratuity).
  • Complaints against government departments.
  • Admissions to educational institutions.
  • Requests for early hearings in pending cases.

Principles of PIL

• Constitutional Basis: Can be entertained under Articles 32 and 226.
• Relaxed Procedures: Courts may relax procedural laws and the rule of locus standi.
• No State Objection: State cannot question maintainability of the petition.
• Private Law Limits: Private disputes generally not permitted as PILs.
• Investigative Bodies: Courts may appoint commissions to investigate allegations.

Who Can File a PIL?

• Any citizen can file a PIL.
• Under Article 32 in the Supreme Court.
• Under Article 226 in the High Court.
• Filing Against: Can be filed against State/Central Governments and Municipal Authorities, not private parties.

Important Judgments Related to PIL

• Pandhwa Multi Maratha vs. Union of India (1993): Addressed exploitation of bonded labourers; ordered their release and compensation.
• MC Mehta vs. Union of India (1997): Included right to legal aid and human dignity.
• Vishaka & Others vs. State of Rajasthan (1997): Established guidelines against sexual harassment at workplaces; relevance to relevant legislation.

PIL — KEY POINTS

• Origin: USA (1960s) — India (1980s)
• Pioneers: Justices V.R. Krishna Iyer and P.N. Bhagwati
• Constitutional Basis: Articles 32 and 226
• Key Cases: Pandhwa Multi Maratha (1993), MC Mehta (1997), Vishaka (1997)

15. Difference between Indian, American & British Judiciary

Aspect	Indian Judiciary	American Judiciary	British Judiciary
Model	Based on British model	Based on American model	Based on British model
System	Hereditary system of judges	Non-hierarchical system of judges	Hereditary system of judges

16. Summary: Key Concepts at a Glance

Topic	Key Provisions
Key Doctrines	Severability, Eclipse, Pith and Substance, Colourable Legislation, Prospective Overruling, Harmonious Construction
SC Additional Provisions	Ad Hoc Judge (Art 127), Seat (Art 130), Special Leave (Art 136), Advisory (Art 143)
Advocates Act, 1961	Senior Advocates, Advocate-on-Record (AoR), Other Advocates
HC Additional Provisions	Transfer (Art 222), Additional Judges (Art 224), Supervisory (Art 227), Control (Art 235)
ADR	Arbitration, Conciliation, Mediation, Negotiation
NALSA	Legal Services Authorities Act, 1987 — Art 39A — Free legal services — DISHA Scheme
Lok Adalat	First in Gujarat (1982) — Legal Services Authority Act, 1987 — Permanent Lok Adalat (2002) — Award final and binding
Gram Nyayalayas	Judicial Magistrate of first class — Conciliation — Appeals disposed in 6 months
Tribunals	Part XIV-A (42nd Amendment) — Art 323A (Administrative) & 323B (Other) — CAT (1985)
PIL	Introduced in 1980s — Justices Krishna Iyer & Bhagwati — Art 32 & 226 — Locus standi relaxed

Key Takeaways for UPSC

• SC: Ad Hoc (Art 127), Seat (Art 130), Special Leave (Art 136), Advisory (Art 143)
• HC: Transfer (Art 222), Additional Judges (Art 224), Supervisory (Art 227)
• NALSA: Legal Services Authorities Act, 1987 — Art 39A — Free legal services
• Lok Adalat: First Gujarat 1982 — Permanent Lok Adalat 2002 — Award final and binding
• Gram Nyayalayas: Judicial Magistrate of first class — 6 months appeal disposal
• PIL: Art 32 & 226 — Relaxed locus standi — Vishaka (1997) guidelines

High-Yield Interactive UPSC Quiz (Key Doctrines, PIL, Tribunals & More)

Q1. Which doctrine states that offending provisions can be voided without invalidating the entire statute?

Correct Answer: B. The Doctrine of Severability states that offending provisions can be voided without invalidating the entire statute.

Q2. Under Article 127, who can appoint an Ad Hoc judge of the Supreme Court?

Correct Answer: B. Under Article 127, the Chief Justice of India can appoint a High Court judge as an Ad Hoc judge with the President's consent.

Q3. The Supreme Court's advisory jurisdiction is under which Article?

Correct Answer: C. The Supreme Court's advisory jurisdiction is under Article 143, where the President can seek the Court's opinion.

Q4. The Supreme Court invoked Article 142 in which case to award compensation to victims?

Correct Answer: C. In the Union Carbide Case (1989), related to the Bhopal Gas Tragedy, the SC invoked Article 142 to award compensation. [UPSC 2019]

Q5. Which Article declares that law declared by the Supreme Court is binding on all courts?

Correct Answer: C. Article 141 declares that the law declared by the Supreme Court is binding on all courts.

Q6. Which Act recognises Advocates as the only class of persons entitled to practice law in India?

Correct Answer: C. The Advocates Act, 1961 recognises Advocates as the only class of persons entitled to practice law in India. [UPSC 2022]

Q7. Under Article 222, who can transfer judges of High Courts?

Correct Answer: B. Under Article 222, the President can transfer judges of High Courts after consulting the CJI.

Q8. The first Lok Adalat was held in which state?

Correct Answer: B. The first Lok Adalat was held in Gujarat in 1982.

Q9. The Permanent Lok Adalat was established under which amendment?

Correct Answer: B. The Permanent Lok Adalat was established under the 2002 Amendment to the Legal Services Authorities Act, 1987.

Q10. The pecuniary limit of Permanent Lok Adalat was raised to ₹1 crore in which year?

Correct Answer: B. The pecuniary limit of Permanent Lok Adalat was raised from ₹10 lakhs to ₹1 crore in 2015.

Q11. Who presides over a Gram Nyayalaya?

Correct Answer: B. The Gram Nyayalaya is presided over by a Judicial Magistrate of the first class, appointed as Nyayadhikari.

Q12. Appeals from Gram Nyayalaya must be disposed of within how many months?

Correct Answer: C. Appeals from Gram Nyayalaya must be disposed of within 6 months. [UPSC 2016]

Q13. Which Amendment introduced Part XIV-A on Tribunals?

Correct Answer: C. The 42nd Amendment Act of 1976 introduced Part XIV-A on Tribunals in the Constitution.

Q14. Article 323A deals with which type of tribunals?

Correct Answer: B. Article 323A pertains to administrative tribunals.

Q15. The Central Administrative Tribunal (CAT) was established in which year?

Correct Answer: C. The Central Administrative Tribunal (CAT) was established in 1985 under the Administrative Tribunals Act, 1985.

Q16. Which case established that High Courts regained jurisdiction over tribunal decisions?

Correct Answer: C. The L. Chandra Kumar Case (1997) established that High Courts regained jurisdiction over tribunal decisions.

Q17. PIL was introduced in India in which decade?

Correct Answer: C. PIL was introduced in India in the 1980s through judicial activism by the Supreme Court.

Q18. Who are considered the pioneers of PIL in India?

Correct Answer: B. PIL in India was pioneered by Justices V.R. Krishna Iyer and P.N. Bhagwati.

Q19. Under which Articles can PIL be entertained?

Correct Answer: C. PIL can be entertained under Articles 32 (Supreme Court) and 226 (High Court).

Q20. Which case established guidelines against sexual harassment at workplaces?

Correct Answer: C. The Vishaka & Others vs. State of Rajasthan (1997) case established guidelines against sexual harassment at workplaces.

Q21. The Kesavananda Bharati Case (1973) established which doctrine?

Correct Answer: C. The Kesavananda Bharati Case (1973) established the Basic Structure Doctrine, limiting Parliament's amending power.

Q22. The I.R. Coelho Case (2007) affirmed judicial review as a basic feature and relates to which Schedule?

Correct Answer: C. The I.R. Coelho Case (2007) affirmed judicial review as a basic feature and held that laws added to the Ninth Schedule after April 24, 1973 can be challenged.

Q23. NALSA was established under which Act?

Correct Answer: C. NALSA was established under the Legal Services Authorities Act, 1987.

Q24. Which Article ensures free legal aid for the poor?

Correct Answer: C. Article 39A ensures free legal aid for the poor.

Q25. The DISHA Scheme under NALSA aims for holistic access to justice for which period?

Correct Answer: B. The DISHA Scheme under NALSA aims for holistic access to justice for the period 2021-26.

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