Lesson 4-The Judiciary

1. What is meant by civil and criminal cases?

 Civil cases relate to disputes over money, property and social matters like
inheritance, marriage disputes, etc.
 Sentences awarded in civil cases include payment for damages to the party
concerned. This type of case generally relates to a dispute between two
private individuals.
 Criminal cases involve offences likethefts, robberies, murders, cheating,
physical injury, etc.
 The sentences awarded in criminal cases are fines and short term prison
sentences or death sentences depending on the gravity of the crime.
 In criminal cases, the state itself is the complainant because a crime is
seen as an offence against the society at large and not against an
individual.

2. How can a high court judge be removed?

 A high court judge can be removed by the president on grounds of proven
misbehaviour or incapacity.
 The process of removal of a judge is through impeachment.
 In this process each house of the parliament passes a resolution to that
effect by a majority of the total membership of that house and by a
majority ofnot less than 2/3 members present and voting.

3. Why is the Supreme Court described as the court of law?

 The decisions of the Supreme Court are recorded and they assume the
character ofa law.
 No decision of the Supreme Court can be challenged in any court in India.
The decisions of the Supreme Court are binding on all courts in India.

4. What is the significance of the lok adalats?

 Lok adalats have been set up to render speedy and inexpensive justice.
They simplify the legal procedures.
 They are presided over by retired judges. The disputing parties put
forward their cases and the matter is resolved without apleader or an
advocate.

5. What is meant by independence of the judiciary?

 Independence of judiciary means that its functioning shall not be restricted

 by the other organs of the government like the legislature or the executive.
 The decision ofthe judiciary should be binding on all and the legislature or
the executive must not interfere with its decisions.

6. Describe the Jurisdiction of the Supreme Court.

 The Supreme Court exercises three kinds of jurisdictions: original,

appellate,advisory and supervisory.
 Under original jurisdiction the Supreme Court is mainly concerned with
disputesarising:
• between the union and one or more states
• between the union and any state or states on one side and one
or more states onthe other side
• between two or more states
The Supreme Court exercises appellate jurisdiction over the decisions of high
courts and other courts. The appellate jurisdiction is applicable in:
• cases in volving interpretation of the Constitution
• cases sent by the high courts
• criminal cases in which a high court changes the decision of a
lower court andgives a death sentence
• review of its own earlier decisions
Advisory jurisdiction is exercised by the Supreme Court when the president seeks
advice on constitutional issues.
• If the president of India desires to obtain the opinion of the
Supreme Court on a question of law or fact which is of public
can refer such a matter to the Supreme Court for its opinion.
• However, the opinion of the Supreme Court is not binding on
the president.
Under supervisory jurisdiction,the Supreme Court supervises the functioning of all
the courts below it and sees whether it is following the procedures or not.
• The Supreme Court of India also functions as a court of record.
Its decisions are recorded and they assume the character of a
law.
• No decision of the Supreme Court can be challenged in any
court in India. The decisions of the Supreme Court are binding
on all courts in India.

7. Discuss the functions of the High court.

• A high court also exercises original, appellate and advisory jurisdictions.

• A high court exercises original jurisdiction in cases involving protection of
fundamental rights, disputes related to state elections and cases where
interpretation of the Constitution is needed.
• If a party to a dispute is not satisfied by the judgement of the lower court, it
can appeal to the high court. Under appellate jurisdiction, the high court
hears appeals in three types of cases—civil, criminal and revenue.
• If a subordinate court sentences a convicted person to death, an appeal can
be made tothe high court.
• As part of the supervisory jurisdiction, it supervises the functioningof all the
courts below it.
• Like the Supreme Court, it is also a court of record and maintains a record
of its decisions for the subordinate court to refer to.