Judicial Scrutiny of Frivolous Litigation
Indian Polity & Governance
- PYQs8
- Articles1
Background
UPSC examines the efficiency, independence, and role of the judiciary in maintaining social order, protecting constitutional values, and preventing the misuse of legal processes, especially in sensitive matters involving history and public sentiment.
The Indian judiciary, comprising the Supreme Court, High Courts, and subordinate courts, is tasked with upholding the rule of law and administering justice. A key aspect of civil procedure is the power of courts to scrutinize and reject frivolous or vexatious litigation that lacks a sustainable cause of action or evidentiary foundation, thereby preventing abuse of the legal process.
Facts & tables
- Power to reject pleadings
- Courts are empowered to reject pleadings that disclose no sustainable cause of action.
- Not historical commissions
- Courts are not commissions of historical inquiry and should not treat speculative historical hypotheses as sufficient grounds for investigation.
- Preventing re-litigation
- Civil procedure should not tolerate re-litigating claims lacking any real evidentiary foundation.
| Type | Reference |
|---|---|
| Conceptual area | Indian Polity & Governance |
| Body | Role |
|---|---|
| Allahabad High Court | Adjudicates |
| Agra trial court | Adjudicates |
Prelims angle
Prelims angle: Statement-based questions
Prelims angle: Conceptual understanding
- Courts can reject claims without sustainable cause of action.
- Judiciary not a historical inquiry commission.
- Prevents re-litigation of unproven claims.
- Ensures efficient justice delivery.
- Upholds legal principles against abuse.
| Year | Framing tags |
|---|---|
| 2025 | Statement-based questions, Conceptual understanding |
| 2024 | Definition-based questions, Institutional roles and functions |
| 2022 | Statement-based questions, Conceptual understanding |
| 2021 | Statement-based questions, Conceptual understanding |
| 2021 | Statement-based questions, Conceptual understanding |
| 2019 | Conceptual understanding, Institutional roles and functions |
| 2018 | Statement-based questions, Conceptual understanding |
| 2016 | Statement-based questions, Factual recall |
Timeline
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Indian Polity & Governance
Conceptual area
-
Prelims 2016
Statement-based questions, Factual recall
-
Prelims 2018
Statement-based questions, Conceptual understanding
-
Prelims 2019
Conceptual understanding, Institutional roles and functions
-
Prelims 2021
Statement-based questions, Conceptual understanding
-
Prelims 2021
Statement-based questions, Conceptual understanding
-
Prelims 2022
Statement-based questions, Conceptual understanding
-
Prelims 2024
Definition-based questions, Institutional roles and functions
-
Prelims 2025
Statement-based questions, Conceptual understanding
-
Deceptive dispute: On the Taj Mahal
The judiciary's role in dismissing baseless legal challenges, particularly those attempting to rewrite historical facts about national heritage, is crucial for upholding legal principles and preventing the abuse of court processes.
See also
Past papers
2016–2025 · 8 questions
In the news
Deceptive dispute: On the Taj Mahal
The judiciary's role in dismissing baseless legal challenges, particularly those attempting to rewrite historical facts about national heritage, is crucial for upholding legal principles and preventing the abuse of court processes.
Try these PYQs
With reference to the writs, issued by the Courts in India, consider the following statements:
1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
Statement 1 is correct: Mandamus is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose. It is usually not usable against a private entity unless it is entrusted with a public duty. Statement 2 is correct: As explained above, Mandamus can be used against a government corporation and/or company when it is discharging a "public duty", so the statement is incomplete. Public Duty is Key: Mandamus aims to compel performance of a public duty, not just private functions. Statement 3 is correct: Quo Warranto is issued by the court to inquire into the legality of the claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person. Note (on Statement 2): In UPSC Prelims, statements must be judged as written, without adding extra conditions. A company does not become subject to the writ of Mandamus only because it is a Government company. Government ownership by itself is not enough. Since Statement 2 is framed in this limited and absolute sense, and no additional condition like “public duty” is mentioned, the statement is treated as correct.
With reference to the ‘Gram Nyayalaya Act’, which of the following statements is/are correct?
1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases
2. The Act allows local social activists as mediators/reconciliators.
Select the correct answer using the code given below:
Statement 1 is incorrect: Under Section 12 of the Gram Nyayalaya Act, 2008, Gram Nyayalayas have criminal jurisdiction, meaning they can hear and decide certain criminal cases. Additionally, under Section 13, they also have civil jurisdiction over specific types of disputes. Thus, Gram Nyayalayas exercise both civil and criminal jurisdiction, making the given statement incorrect. Statement 2 is correct: According to Section 26, Gram Nyayalayas must make efforts for conciliation and settlement of civil disputes before proceeding with formal adjudication. To implement this, Section 27 mandates that the District Court, in consultation with the District Magistrate, prepare a panel of Conciliators. These Conciliators are village-level social workers with integrity, possessing the qualifications and experience prescribed by the High Court. Their role is to assist in dispute resolution, promoting amicable settlements. Hence, the correct answer is option B.
Consider the following statements with regard to pardoning power of the President of India:
I. The exercise of this power by the President can be subjected to limited judicial review.
II. The President can exercise this power without the advice of the Council of Ministers.
Which of the statements given above is/are correct?
Statement I is correct: President’s pardoning power can be subjected to limited judicial review, especially on grounds like mala fides, irrelevant considerations, or arbitrariness (as held in Kehar Singh, Epuru Sudhakar cases). Statement II is incorrect: President cannot act independently; the power must be exercised on the aid and advice of the Council of Ministers under Article 74.
With reference to India, consider the following statements:
1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in Jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct:
Statement 1 is incorrect: Police Custody means that the police have the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In Police custody, the accused is lodged in a police station lockup while in Judicial Custody, he is locked up in the jail. Statement 2 is correct: During Judicial Custody, the police officer 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 is necessary under the facts produced before the court. However, during police custody, the police officer in charge of the case may interrogate the suspect.
With reference to Indian Judiciary, consider the following statements:
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
Statement 1 is correct: Under Article 128, the Chief Justice of India may, at any time, with the previous consent of the President, request a retired Judge of the Supreme Court or a retired Judge of a High Court (who is duly qualified) to sit and act as a Judge of the Supreme Court. Statement 2 is not correct: Although there is no explicit Article in the Constitution equivalent to Article 137 (which grants review power to the SC) for High Courts, the High Courts are "Courts of Record" under Article 215. As a Court of Record, a High Court has the inherent power to review its own orders and judgments to correct any patent error or prevent a miscarriage of justice. This has been affirmed by the Supreme Court in various rulings.
Show 3 more PYQs
Consider the following statements :
1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Which of the statements given above is/are correct?
Statement 1 is correct: The Ninth Schedule was introduced through the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights (Part III of the Constitution). Statement 2 is incorrect: The protection under the Ninth Schedule is not absolute. As per the Kesavananda Bharati case (1973) and reaffirmed in the I.R. Coelho case (2007), laws placed in the Ninth Schedule after April 24, 1973, can still be challenged if they violate the "Basic Structure" of the Constitution. Thus, while the Ninth Schedule provides a degree of protection, the Supreme Court retains the power to review laws that undermine the Constitution’s core principles. Hence, the correct answer is option (a) 1 only.
With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
Article 142 of the Indian Constitution empowers the Supreme Court to pass orders and decrees necessary to ensure "complete justice" in any case before it. This power is vast and extraordinary. Article 142 allows the Supreme Court to ensure that ordinary laws comply with the Constitution and that complete justice is delivered. Even if an ordinary law creates limitations, the Supreme Court can override it using Article 142 to achieve a just outcome.
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Writ of Prohibition: * It is a judicial order issued by a higher court (Supreme Court or High Court) to a lower court or tribunal. * It prevents the lower court from exceeding its jurisdiction or acting contrary to law. * Purpose: To stop ongoing proceedings in a case where the lower court lacks jurisdiction or violates legal procedures. * Nature: It is preventive, ensuring the lower court does not act unlawfully rather than correcting a wrong decision after it has occurred. * Example: If a tribunal starts hearing a case that legally falls under the jurisdiction of a civil court, the Writ of Prohibition can halt such proceedings. * Comparison with Certiorari: Prohibition is issued before judgment to stop proceedings, whereas Certiorari is issued after judgment to quash orders passed unlawfully.