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Chapter 12. Judiciary (UPSC IAS CSE Civil Services CSAT Prelims Paper-1 Topicwise Previous Year Papers)

Chapter 12. Judiciary (UPSC IAS CSE Civil Services CSAT Prelims Paper-1 Topicwise Previous Year Papers)

1. The power of the Supreme Court of India to decide disputes between the Centre and the State falls under its:(1996)
(a) advisory jurisdiction
(b) appellate jurisdiction
(c) original jurisdiction
(d) constitutional jurisdiction
2. When the Chief Justice of a High Court acts in an administrative capacity, he is subject to :(1996)
(a) the writ jurisdiction of any other judges of the High Court.
(b) special control exercised by the Chief Justice of India.
(c) discretionary powers of the Governor of the state.
(d) special powers provided to the Chief Minister.
3. According to the Constitution of India the term ‘district judge’ shall not include:(1996)
(a) chief presidency magistrate
(b) sessions judges
(c) tribunal judge
(d) chief judge of a small cause court
4. Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R) .
Assertion (A) : Wilful disobedience or non-compliance of Court orders and use of derogatory language about judicial behaviour amount to Contempt of Court.
Reason (R) : Judicial activism cannot be practised without arming the judiciary with punitive powers to punish contemptuous behaviour.
In the context of the above two statements which one of the following is correct?(1997)
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
5. The Supreme Court of India tenders advice to the President on a matter of law or fact:(2001)
(a) on its own initiative
(b) only if he seeks such advice
(c) only if the matter relates to the Fundamental Rights of citizens
(d) only if the issue poses a threat to the unity and integrity of the country
6. Consider the following statements regarding the High Courts in India:(2001)
1. There are eighteen High Courts in the country.
2. Three of them have jurisdiction over more than one state.
3. No Union Territory has a High Court of its own.
4. Judges of the High Court hold office till the age of 62.
Which of these statements is/are correct?
(a) 1, 2 and 4
(b) 2 and 3
(c) 1 and 4
(d) 4 only
7. The salaries and allowances of the Judges of the High Court are charged to the:(2002)
(a) Consolidated Fund of India
(b) Consolidated Fund of the State
(c) Contingency Fund of India
(d) Contingency Fund of the State
8. The power to enlarge the jurisdiction of the Supreme Court of India with respect to any matter included in the Union List of Legislative Powers rests with: (2003)
(a) The President of India
(b) The Chief Justice of India
(c) The Parliament
(d) The Union Ministry of Law, Justice and Company Affairs
9. Which one of the following High Courts has the Territorial Jurisdiction over Andaman and Nicobar Islands?(2003)
(a) Andhra Pradesh
(b) Kolkata
(c) Chennai
(d) Orissa
10. Consider the following statements:(2004)
1. The highest criminal court of the district is the Court of District and Session Judge
2. The District Judge are appointed by the Governor in consultation with the High Courts.
3. A person to be eligible for appointment as a District Judge should be an advocate or a pleader of seven years’ standing or more, or an officer in judicial service of the Union or the State.
4. When the sessions judge awards a death sentence, it must be confirmed by the High Court before it is carried out.
Which of the statements given above are correct?
(a) 1 and 2
(b) 2, 3 and 4
(c) 3 and 4
(d) 1, 2, 3 and 4
11. According to the National Human Rights Commission Act, 1993, who amongst the following can be its Chairman?(2004)
(a) Any serving Judge of the Supreme Court
(b) Any serving Judge of the High Court
(c) Only a retired Chief Justice of India
(d) Only a retired Chief Justice of a High Court
12. Which one of the following is the correct sequence in the descending order of precedence in the warrant of precedence?(2004)
(a) Attorney General of India–Judges of the Supreme Court–Members the of Parliament–Deputy Chairman of Rajya Sabha
(b) Judges of the Supreme Court–Deputy Chairman of Rajya Sabha–Attorney General of India–Members of the Parliament
(c) Attorney General of India–Deputy Chairman of Rajya Sabha–Judges of the Supreme Court–Members of Parliament
(d) Judges of the Supreme Court–Attorney General of India–Deputy Chairman of Rajya Sabha–Members of Parliament
13. Consider the following statements:(2005)
1. There are 25 High Courts in India.
2. Punjab, Haryana and the Union Territory of Chandigarh have a common High Court.
3. National Capital Territory of Delhi has a High Court of its own.
Which of the statements given above is/are correct?
(a) 2 and 3
(b) 1 and 2
(c) 1, 2 and 3
(d) 3 only
14. Consider the following statements:(2005)
1. The Parliament cannot enlarge the jurisdiction of the Supreme Court of India as its jurisdiction is limited to that conferred by the Constitution.
2. The officers and servants of the Supreme Court and High Courts are appointed by the concerned Chief Justice and the administrative expenses are charged on the Consolidated fund of India.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
15. Assertion (A) : In India, every State has a High Court in its territory.
Reason (R) : The Constitution of India provides a High Court in each State. (2006)
Codes:
(a) Both ‘A’ and ‘R’ are individually true and ‘R’ is the correct explanation of’ A’.
(b) Both’ A’ and ‘R’ are individually true but’ R’ is not the correct explanation of’ A’.
(c) ‘A’ is true but ‘R’ is false.
(d) ‘A’ is false but ‘R’ is true.
16. Who was the Chief Justice of India when Public Interest Litigation (PIL) was introduced to the Indian judicial system?(2006)
(a) M. Hidayatullah
(b) A. M. Ahmadi
(c) A. S. Anand
(d) P. N. Bhagwati
17. Consider the following statements:(2006)
1. A person who has held office as a permanent Judge of a High Court cannot plead or act in any court or before any authority in India except of the Supreme Court.
2. A person is not qualified for appointment as a Judge of a High Court in India unless he has for at least five years held a judicial office in the territory of India.
Which of the statement(s) given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
18. Consider the following statements:(2007)
1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court.
2. After retirement from the office, a permanent judge of a High Court cannot plead or act in any court or before any authority in India.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
19. How many High Courts in India have jurisdiction over more than one State (Union Territories not included) ?(2008)
(a) 2
(b) 3
(c) 4
(d) 5
20. Consider the following statements:(2008)
1. Justice V R Krishna Iyer was the Chief Justice of India.
2. Justice V R Krishna Iyer is considered as one of the progenitors of Public Interest Litigation (PIL) in the Indian judicial system.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
21. With reference to Lok Adalats, consider the following statements:(2009)
1. An award made by a Lok Adalat is deemed to be a decree of a civil court and no appeal lies against there to any court.
2. Matrimonial/Family disputes are not covered under Lok Adalat.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
22. With reference to Lok Adalats, which of the following statements is correct ?(2010)
(a) Lok Adalats have the jurisdiction to settle matters at pre-litigating stage and not those matters pending before any court
(b) Lok Adalats can deal with matters which are civil and not criminal in nature.
(c) Every Lok Adalat consists of either serving or retired judicial officers only and not any other person.
(d) None of the statements given above is correct.
23. Which of the following are included in the original jurisdiction of the Supreme Court?(2012 – I)
1. A dispute between the Government of India and one or more States
2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State
3. A dispute between the Government of India and a Union Territory
4. A dispute between two or more States
Select the correct answer using the codes given below :
(a) 1 and 2
(b) 2 and 3
(c) 1 and 4
(d) 3 and 4
24. With reference to the Delimitation Commission, consider the following statements :(2012 – I)
1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
25. What is the provision to safeguard the autonomy of the Supreme Court of India?(2012 – I)
1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
2. The Supreme Court Judges can be removed by the Chief Justice of India only.
3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
4. All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.
Which of the statements given above is/are correct?
(a) 1 and 3
(b) 3 and 4
(c) 4 only
(d) 1, 2, 3 and 4
26. With reference to National Legal Services Authority, consider the following statements:(2013 – I)
1. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
2. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
27. Prohibition of discrimination on grounds of religion etc. (Article 15 of the Constitution of India) is a Fundamental Rights classifiable under:(1995)
(a) the Right to Freedom of Religion
(b) the Right against Exploitation
(c) the Cultural and Educational Rights
(d) the Right to Equality
28. Consider the following statements:(1996)
No one can be compelled to sing the National Anthem since:
1. it will be violative of the Right to Freedom of Speech and Expression
2. it will be violative of the Right to the Freedom of Conscience and practise and propagation of religion
3. there is no legal provision obliging anyone to sing the National Anthem
(a) 1 and 3 are correct
(b) 2 and 3 are correct
(c) 1, 2 and 3 are correct
(d) none is correct
29. A British citizen staying in India cannot claim the right to:(1999)
(a) Freedom of trade and profession
(b) Equality before the Law
(c) Protection of life and personal liberty
(d) Freedom of religion
30. In the Indian Constitution, the Right to Equality is granted by five Articles. They are:(2002)
(a) Article 16 to Article 20
(b) Article 15 to Article 19
(c) Article 14 to Article 18
(d) Article 13 to Article 17
31. Which one of the following rights was described by Dr. B. R. Ambedkar as the heart and soul of the Constitution? (2002)
(a) Right to Freedom of Religion
(b) Right to Property
(c) Right to Equality
(d) Right to Constitutional Remedies
32. Consider the following statements:(2005)
1. Article 301 pertains to the Right to Property.
2. Right to Property is a legal right but not a Fundamental Right.
3. Article 300 A was inserted in the Constitutional Amendment.
Which of the statement given above is/are correct?
(a) 2 only
(b) 2 and 3
(c) 1 and 3
(d) 1, 2 and 3
33. With reference to the United Nations Convention on the Rights of the Child, consider the following :(2010)
1. The Rights of Development
2. The Right to Expression
3. The Right to Recreation
Which of the above is/are the Rights of the child ?
(a) 1 only
(b) 1 and 3
(c) 2 and 3
(d) 1, 2 and 3
34. Consider the following statements :(2010)
The Supreme Court of India tenders advice to the President of India on matters of law or fact:
1. on its own initiative (on any matter of larger public interest) .
2. if he seeks such an advice.
3. only if the matters relate to the Fundamental Rights of the citizens.
Which of the statements given above is/are correct ?
(a) 1 only
(b) 2 only
(c) 3 only
(d) 1and 2
35. In India, if a religious sect/community is given the status of a national minority, what special advantages it is entitled to?(2011 – I)
1. It can establish and administer exclusive educational institutions.
2. The President of India automatically nominates a representative of the community to Lok Sabha.
3. It can derive benefits from the Prime Minister’s 15-Point Programme.
Which of the statements given above is/are correct ?
(a) 1 only(b) 2 and 3
(c) 1 and 3 (d) 1, 2 and 3
36. India is home to lakhs of person with disabilities. What are the benefits available to them under the law?(2011 – I)
1. Free schooling till the age of 18 years in government- run schools.
2. Preferential allotment of land for setting up business.
3. Ramps in public buildings.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3
(c) 1 and 3
(d) 1, 2 and 3
37. Consider the following :
1. Right to education.
2. Right to equal access to public service.
3. Right to food. (2011 – I)
Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights’’ ?
(a) 1 only
(b) 1 and 2
(c) 3 only
(d) 1, 2 and 3
38. With reference to consumers’ rights/privileges under the provisions of law in India, which of the following statements is/are correct?(2012 – I)
1. Consumers are empowered to take samples for food testing.
2. When a consumer files a complaint in any consumer forum, no fee is required to be paid.
3. In case of death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.
Select the correct answer using the codes given below:
(a) 1 only
(b) 2 and 3
(c) 1 and 3
(d) 1, 2 and 3
39. The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its(2014 – I)
(a) advisory jurisdiction
(b) appellate jurisdiction
(c) original jurisdiction
(d) writ jurisdiction
40. With reference to the ‘Gram Nyayalaya Act’, which of the following statements is/are correct?(2016-I)
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.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
41. In India, Judicial Review implies(2017-I)
(a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
(b) the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
(c) the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
(d) the power of the Judiciary to review its own judgements given earlier in similar or different cases.

Solutions

1. (c) According to Article 131, The SC has original jurisdiction in any dispute – (a) between the Government of India & one or more States; or (b) between the Government of India and any State or States on one side and one or more other States on the other; or (c) between two or more States
2. (a) Article – 226 of the constitution empowers a high court to issue writs.
Also when the chief justice of a High court acts in an administrative capacity, be is subject to the writ jurisdiction of any other judges of the High court.
3. (c) Under article 236 of the Constitution, The term “District Judge” includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge and assistant sessions judge and additional sessions judge.
4. (b) Assertion and Reason as independent statements are true but does not explain each other.
5. (b) As per provisions under Article 143
6. (d) There are 24 High Courts in India at present. Six (Bombay, Calcutta, Guwahati, Kerala, Madras and Punjab and Haryana High Court) of them have jurisdiction over more than one state. National Capital Territory of Delhi has High Court of its own.
7. (b) The salaries and allowances of the Judges of the HC are charged to the Consolidated Fund of the state but their pensions are payable as Charged Expenditure /Art 112(3) .
8. (c) Such is the prerogative of the Parliament.
9. (b) The U. T. of Andaman and Nicobar Islands comes under the jurisdiction of high court of Calcutta under its extended jurisdiction Act 1953.
10. (d) These provisions are given under Article 233-235 in the chapter of Subordinate Courts in the Constitution of India.
11. (c) According to NHRC Act 1993, only a retired CJI can become chairman of NHRC, appointed by President on the recommendation of a committee comprising of PM, Speaker of Lok Sabha, Home Minister, Leader of Opposition of both Houses of Parliament and Deputy Chairman of Rajya Sabha
12. (b) President comes first, Vice-President second, Prime Minister third and Governors of states with in their respective State comes fourth in the Warrant of Precedence.
According to Indian order of precedence,
Judges of the Supreme Court – Rank 9
Deputy Chairman of Rajya Sabha – Rank 10
Attorney General of India – Rank 11
Members of Parliament – Rank 21
13. (a) There were 21 High Courts in India with three new states created in 2000, having their own High Courts (Chattisgarh at Bilaspur, Uttarakhand at Nainital and Jharkhand at Ranchi) . Punjab, Haryana and Chandigarh have a common HC at Chandigarh.
In the year 2013, three new High Courts in the northeast – Meghalaya, Manipur and Tripura were created taking the total number of High Courts in the country from 21 to 24.
National Capital Territory of Delhi has a High Court of its own which was established in the year 1966. As if 2018. There are 24 High courts in India.
14. (b) Statement (1) is not correct as according to Article 138(1) of the Constitution, Parliament can enlarge the jurisdiction and powers of the SC w. r. t. to any of the matters in the Union List. Whereas SC’s jurisdiction w. r. t. to any other matter can be enlarged by a special agreement between Government of India and government of the concerned State.
15. (d) Article 214 of the Constitution says–There shall be a High Court for each State. Therefore, Reason (R) is correct. But for twenty-nine states and seven union territories we have only 24 High Courts.
16. (d) PN Bhagwati was CJI during July 1985–Dec 1986. During his tenure as CJI, PIL was introduced to the Indian judicial system.
17. (d) Statement 1 is incorrect because after retirement a permanent judge of High Court shall not plead or act in a Court or before any authority in India, except the SC and a HC other than the HC in which he had held his office (Art 220) .
Statement 2 is incorrect as according to Article 217, a person is not qualified for appointment as a judge of a High Court in India unless he has for at least ten years held a judicial office in the territory of India.
18. (a) Statement 2 is incorrect. After retirement a permanent judge of High Court shall not plead or act in a Court or before any authority in India, except the SC and a HC other than the HC in which he had held his office (Art 220) .
19. (b) Bombay HC (Maharashtra & Goa) ; Guwahati (Assam, Manipur, Meghalaya, Nagaland, Tripura, Mizoram and Arunachal Pradesh) ; Punjab and Haryana HC (Punjab, Haryana)
20. (b) Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PIL’s in the court.
21. (a) When statutory recognition had been given to Lok Adalat, it was specifically provided that the award passed by the Lok Adalat formulating the terms of compromise will have the force of decree of a court which can be executed as a civil court decree.
No appeal lies against the award of a Lok adalat How ever award of lok Adalat can be challenged only by filling writ petition.
The Lok Adalats can deal with all civil cases, Matrimonial Disputes, Land Disputes, Property disputes, compensation claims and compoundable criminal cusses.
22. (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.
23. (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.
24. (c) Both are correct. Hence the option (c) is right.
25. (a) 1st and 3rd are correct statements thus option (a) is right.
26. (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.
27. (d) Article 14to18 are covered under Right to Equality. Article 23 and 24 – Right against Exploitation. Article 25to28 – Right to Freedom of Religion. Article 29 and 30 – Cultural and Educational Rights.
28. (c)
29. (a) Fundamental Rights available only to citizens and not to foreigners: Rights available under Article- 15, 16, 19, 29 & 30. Fundamental Rights available to bath citizens and foreigners (except enemy aliens) : Rights available under Article – 14, 20, 21, 21(A) , 22, 23, 24, 25, 26, 27 and Article- 28.
Article 19(1) (g) of constitution of India provides Right to practice any profusion or to carry on any occupation, trade or business to all citizens subject to caution restrictions.
30. (c) Fundamental Rights have been categorised into 6 groups: Right to Equality (14-18) , Right to Freedom (19-22) , Right against Exploitation (23 and 24) , Right to Freedom of Religion (25 and 28) , Cultural & Educational Rights (29 and 30) , Right to Constitutional remedies (32) .
31. (d) Right to Constitutional Remedies under article 32 is a Fundamental Right. It was called the very soul of Indian constitution and very heart of it, by B. R. Ambedkar.
32. (a) Article 301 pertains to Freedom of Trade, Commerce and Intercourse. In the original constitution right to property was a Fundamental Right under Article 19(1) (f) . But 44th Amendment Act, 1978 omitted sub clause f, and inserted Article 300A to make right to property a legal right.
33. (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.
34. (b) According to Article 143 (Power of President to consult Supreme Court) .
35. (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.
36. (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.
37. (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.
38. (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.
39. (c) The original jurisdiction of supreme court includes disputes between
(i) The centre and one or more states; or
(ii) The centre and any state or states on one side and one or more states on the other; or
(iii) 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.
40. (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.
Ref: Original Act Page no 7; http://doj. gov. in
41. (a) New NCERT, Std. 11, Indian Constitution at Work, Chapter-6 Judiciary, Page 139
•Judicial review means the power of SC or HC to examine the constitutionality of any law. So, “A” is the most fitting option.
 

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