UPSC Prelims Practice Questions — Trial judge in Lakhimpur Kheri case shifted, SC told

Q1. With reference to the constitutional scheme governing the subordinate judiciary of a State, consider the following statements: Which of the statements given above is/are correct?

  1. District judges are appointed by the Governor in consultation with the State Public Service Commission.
  2. A person not already in the service of the Union or the State can be appointed a district judge only if recommended by the High Court.
  3. Control over district courts, including the posting, promotion and leave of judicial officers below the rank of district judge, is vested in the High Court.
  • A. 2 and 3 only
  • B. 1 and 3 only
  • C. 1, 2 and 3
  • D. 1 and 2 only

Q2. With reference to transfers in criminal proceedings in India, consider the following statements: Which of the statements given above is/are correct?

  1. The Supreme Court's statutory power to transfer a criminal case from a court under one High Court to a court under another High Court can be exercised only on the application of the Attorney-General of India or of a party interested.
  2. Moving the presiding judge of a trial court to another station during a trial is an exercise of the statutory case-transfer power, and so needs a finding that a fair trial cannot be had in that court.
  3. A High Court may transfer a case from a criminal court subordinate to it if a fair and impartial trial cannot be had in that court.
  • A. 1 only
  • B. 2 and 3 only
  • C. 1 and 3 only
  • D. 1, 2 and 3

Q3. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. The Supreme Court can transfer a criminal case pending in a trial court in one State to a court of equal or superior jurisdiction in another State.
  2. Article 227 vests in the Supreme Court superintendence over all courts and tribunals throughout the territory of India.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q4. With reference to the right to a fair trial as developed by the Supreme Court of India, consider the following statements: Which of the statements given above is/are correct?

  1. A fair trial requires balancing the interests of the accused, the victim and society, with society acting through the State and the prosecuting agency.
  2. Since Article 21 requires only a 'procedure established by law', a trial completed in formal compliance with procedure cannot be held unfair.
  3. The Supreme Court has treated a free and fair trial as a sine qua non of Article 21.
  • A. 2 and 3 only
  • B. 1 and 3 only
  • C. 1, 2 and 3
  • D. 1 and 2 only

Q5. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. Article 139A empowers the Supreme Court to withdraw to itself a criminal trial pending before a Sessions Court whenever the trial raises questions of fact of public importance.
  2. Article 139A empowers the Supreme Court, where expedient for the ends of justice, to transfer any case, appeal or other proceeding pending before a High Court to another High Court.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct