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• In order to function without fear the Constitution of
India has given a fixed tenure to the judges. The
Constitution prescribes very difficult procedure for the
removal of judges to provide security of office to the
members of judiciary.
• The judiciary is not financially dependent on either the
executive or legislature. The salaries and allowances of
the judges are not subjected to the approval of the
Parliament as prescribed by the Constitution.
• The actions and decisions of the judges are immune
from personal criticism and the judiciary has the power
to penalise those guilty of contempt of court.
• Parliament cannot discuss the conduct of judges except
4. Discuss the functions of the judiciary in India.
when the proceedings for removal is carried out.
Ans. The judiciary has following functions
2. “India has an integrated judiciary”. What does this
statement mean?
Ans. India’s judicial system is pyramidal in nature. At the apex
of country’s judicial system is the Supreme Court which
is supreme gardian of the law of the land, comprising of
Chief Justice and 25 other judges.
There are High Courts at the state level which have
jurisdiction over a state, or a union territories.
Then there are District Courts which are established by
the state governments which have authority over district
or a group of districts. We have subordinate courts in
districts which are of civil and criminal in nature.
Gram Nayayalyas have also been established at Panchayat
level from 2008.
In India, Supreme Court is the highest court of appeal,
which hear cases that comes as an appeal from the High
Courts. The Supreme Court’s decisions are binding on all
other courts of the country. Likewise, the Constitution
has also defined the appellate jurisdiction of the High
Courts as well which hear cases as an appeal from district
courts and district courts hear cases that comes as an
appeal from subordinate courts. This is why we say that
India has an Integrated Judicial System.
3. Describe the various jurisdictions of Supreme Court.
Ans. The Jurisdictions of Supreme Court are as follows
• Original Jurisdiction It means when the cases are
directly considered by the Supreme Court and it alone
has the power to deal with such cases. Neither the
High Court nor the lower courts have the power to
deal with such cases. For instance, disputes between
Union and States and amongst the states.
• Writ Jurisdiction When the Fundamental Rights of an
individual is violated and the aggrieved person
approach directly to the Supreme Court. It issues a
special order like Habeas Corpus, Mandamus,
Certiorari, Quo Warranto and Prohibition to be
followed in the form of writs. This jurisdiction is
known as ‘writ jurisdiction’.
• Appellate Jurisdiction The Supreme Court is the
highest court of appeal. Appellate jurisdiction means
that Supreme Court will reconsider the decisions
CBSE Term II Political Science Class 11th
made by the High Court in various matters and the
lower courts involving death sentence or criminal
matters. However, the High Court must certify the
fitness of appeal and the Supreme Court holds the
power to decide whether to admit appeal even when
the appeal is not allowed by the High Court.
• Advisory Jurisdiction The Supreme Court of India
possesses advisory jurisdiction which means that
President of India can refer any matter of public
importance or constitutional interpretation to Supreme
Court is not bound to give advice and the President is
not bound to accept such advice.
• It interprets the Laws A lot of instances are presented
before the judges in which the issue of law
interpretation arises, because the law is not clear in
such cases. Even cases where the laws are silent are
brought before them. The judges make decisions in
certain issues or matters. These rulings are later cited
in comparable instances. In this approach, the courts
inadvertently expand the law.
• Protector of Civil Rights The state grants people many
rights through the Legislation of Parliament. These
rights are safeguarded by the courts.
• Decides the Cases  Many Cases involving issues
between citizens or between the government and
citizens are heard by the courts. In such cases, the
courts make their judgements.
• Custodian of Fundamental Rights In today's world,
many countries' constitutions offer citizens
Fundamental Rights. These rights are guarded by the
Supreme Courts in such countries. If a citizen violates
these Fundamental Rights, or if a person loses his or
her rights as a result of the violation, an appeal to a
High Court or the Supreme Court can be made to
safeguard those rights. The courts have a responsibility
to preserve citizens' rights.
• Power to get its Decisions and Judgements Enforced
The judiciary has the power not only to deliver
judgements and decide disputes, but also to get these
enforced. It can direct the executive to carry out its
decisions. It can summon any person and directly
know the truth from him.
• In Federations, Resolves issues of Jurisdiction
between the Centre and State governments  There is
a separation of powers between the Central
Government and the States in federal constitutions.
The risk of a jurisdictional disagreement between the
Centre and the State exists. As a result, the Supreme
Court is given the authority to resolve these conflicts.
• Advisory Functions Very often the courts are given the
responsibility to give advisory opinions to the rulers on
any legal matter. For example, the President of India
the power to refer to the Supreme Court any question
of law or fact which is of public importance.