THE UNION GOVERNMENT : THE JUDICIARY

D. Answer the questions in brief.

1. What is meant by independence of judiciary ? Give two examples to prove that
Indian judiciary is independent.
Ans. (i) Our judiciary is independent, impartial and unbiased.
(ii) Our judiciary is independent as it is free from the influence of the legislature
and the executive.
(iii) Disputes arising out of civil cases, criminal cases and constitutional matters
are resolved without any pressure from the executive on the legislature.
(iv) Once judges are appointed, cannot be removed from the office under
normal circumstances.
2. Differentiate between civil and criminal cases with the help of examples.
Ans. There are two types of cases.
Civil Cases :
(i) Related to dispute over property, marriage, money, rent matters, purchase
of goods, etc.
(ii) They also include the infringement or violation of rights of individuals.
(iii) Civil laws to settle and decide civil cases.
Criminal Cases :
(i) Involve offences like robberies, murders, cheating, harassing of women,
beating, violence, kidnapping, etc.
(ii) Tax evasion is a criminal offence.
(iii) Begin with the lodging of FIR.
(iv) In case the crime is proved, the accused can be either sent jail or fined or in
some cases both fined and jailed.
3. Describe the composition of Criminal Courts and Revenue Courts.
Ans. Criminal Courts :
(i) The highest court is the court of the sessions judge.
(ii) These are courts of Magistrate of first, second and third class.
(iii) In big cities like Delhi, Kolkata, first class magistrates are called Metropolitan
Magistrates.
Revenue Courts :
(i) The highest revenue court in a district is the Board of Revenue which deals
with the cases of land revenue.
(ii) Courts of Commissioner, Collector, Tehsildar and Assistant Tehsildar work
under the Board of Revenue.
 (iii) Hears the final appeals against the lower revenue courts.
4. What qualification are required to be the judge of the Supreme Court ? How can
the judge of a Supreme Court be removed ?
Ans. Qualification
 (i) A citizen of India.
(ii) A judge of High Court / Courts for a minimum period of five years or
(ii) A distinguished jurist in the opinion of President of India.
Removal
 (i) Remain in office till they attain the age of 65 years.
(ii) Once the judge is appointed, he cannot be removed from the office under
normal circumstances.
(iii) He can be removed, only on ground of proved misbehaviour or incapacity to
discharge functions by the President.
(iv) On the basis of a resolution passed by each house of the Parliament by a
special majority during the same session known as impeachment.
5. ‘India has a single unified and integrated judicial system’. Explain.
Ans. India has a single unified and integrated judicial system as –
(i) Got power to supervise and control the working of entire judicial system of
India.
(ii) Ensures justice to all.
(iii) The Supreme Court at the apex is the highest judicial authority followed by
the High Courts in the states and then subordinate Courts in every district.
(iv) The lowest court is Court of Magistrate.
(v) A judgement given by lower Court can be challenged in the higher Court.
(vi) Law declared by the Supreme Court shall be binding on all Courts within the
territory of India.
E. Answer the following questions.
1. Describe any five powers and functions of the Supreme Court of India.
Ans. Different types of jurisdiction such as Original, Appellate, Advisory and
Supervisory, jurisdiction , judicial review.
Original Jurisdiction :
(i) Cases include disputes arising (i) between the Union and one or more States,
(ii) between the union and a state / states visa-vis one or more states, (iii)
between 2 or more states.
Appellate Jurisdiction :
(i) Can hear appeals against the decision of the High Courts and other courts
regarding Constitutional, Civil and Criminal Cases.
 (ii) Applicable to cases involving interpretation of the constitution.
(iii) High Court can hear the decision of the lower Courts and gives a death
sentence.
Advisory Jurisdiction :
(i) Covers constitutional issues or matters of public importance if the President of
India desires to obtain the opinion of the Supreme Court.
(ii) Any such opinion given by the Supreme Court is not binding on the President.
Supervisory Jurisdiction :
(i) Supervisory jurisdiction empowers the Supreme Court for supervise the functioning
of all the Courts below it.
Power of Judicial Review :
(i) To review the laws enacted by the Parliament or the state legislatures to ascertain
whether they are in conformity with the provision of the constitution or not.
(ii) Any law declared unconstitutional, immediately ceases to remain in force.
(iii) Court protects the rights of the people and guards the constitution.
(iv) Important means of protecting and enforcing the rights.
2. Explain the main powers and functions of High Court.
Ans. Original Jurisdiction :
(i) Cases involving violation of Fundamental Rights.
(ii) Disputes related to the election of an MP or MLA.
(iii) Interpretation of the constitution come under the original jurisdiction of the
High Courts.
(iv) Cases pertaining to marriage, divorce, laws, wills of the deceased persons,
etc.
(v) Has the power of judicial review
Court of Record :
(i) Has the power to punish for contempt of itself.
(ii) All decisions of the High Court are binding on lower Courts, who are found to
follow them and are cited as precedents.
3. State the significance of public interest litigation on the Indian judicial system.
Ans. (i) Public Interest Litigation (PIL) was devised by the Supreme Court of India.
(ii) Any person from the public, whether affected or not, may write an ordinary
letter or even a post card drawing the attention of the High Court or the
Supreme Court.
(iii) Towards any matter of serious public importance like unsafe transport
system, supply of unhygienic drinking water, about the exploitation of
children and women, etc.
 (iv) Helps the poor, illiterate and ignorant.
(v) Has proved to be a boon for common man.
(vi) Set right a number of wrongs committed by an individual or society.
(vi) Brought legal aid to millions of poor, illiterate and ignorant Indians.
4. Explain the concept of Lok Adalats ? Why are they called People’s Courts ?
Ans. (i) As the process of imparting justice is very lengthy and expensive, Lok
Adalats have been set up in 1985.
(ii) It is an effort to simplify the legal procedures, reduce the cost of litigation
and to provide speedy justice.
(iii) Normally presided over by retired judge.
(iv) Disputing parties plead their case themselves.
(v) No advocate or pleader is allowed to argue the case.
(vi) Witnesses are not examined.
(vii) Settle disputes through compromises, mutual agreement and on the spot
decisions.
5. Describe composition of the High Court. Explain the qualifications, tenure and
method of removal of High Court Judges.
Ans. Composition of High Court :
(i) Consists of a Chief Justice and some other judges.
(ii) The number of judges varies from state to state, depending on its size and
population.
(iii) Chief Justice of High Court is appointed by President of India.
(iv) In consultation with Chief Justice of the Supreme Court.
Qualifications of High Court :
(i) An advocate in one ore more High Courts for at least 10 years or holder of a
judicial office in subordinate Courts for a period of 10 years.
Tenure and Removal :
(i) Remain in office till attainment of 62 years of age.
(ii) Can be removed from office by the President of India.
(iii) Through impeachment.
(iv) A retired High Court Judge may practise in any High Court, but not before
any Lower Court or in the same High Court.