1st PUC Political Science Question Bank Chapter 8 Judiciary

You can Download Chapter 8 Judiciary Questions and Answers, Notes, 1st PUC Political Science Question Bank with Answers Karnataka State Board Solutions help you to revise complete Syllabus and score more marks in your examinations.

Karnataka 1st PUC Political Science Question Bank Chapter 8 Judiciary

1st PUC Political Science Judiciary One Mark Questions and Answers

Question 1.
What is judiciary.
Answer:
It is the third branch of government, which settles disputes. It is there for the administration of justice.

Question 2.
What is the meaning of an integrated judicial system?
Answer:
There is only one judicial system throughout the country. It is called an integrated judicial system.

Question 3.
Who appoints the Chief Justice of India the Supreme court?
Answer:
President.

Question 4.
Who appoints judges of the High courts?
Answer:
President.

KSEEB Solutions

Question 5.
Which is the apex court?
Answer:
Supreme court is the apex court.

Question 6.
What is an appeal?
Answer:
A person can go to a higher court against the decisions of the subordinate courts is called appeal.

Question 7.
Who appoints the judges of the district courts?
Answer:
Governor appoints the judges with the consultation of the high court.

Question 8.
Which is the final court of appeal?
Answer:
Supreme Court is the final court of appeal.

Question 9.
How many High courts are there in India?
Answer:
There are 21 high courts are there in India.

Question 10.
Who is the guardian of the constitution?
Answer:
Judiciary.

KSEEB Solutions

Question 11.
What is Lok Adalat?
Answer:
Providing justice quickly and at an affordable price is called Lok Adalat.

Question 12.
Expand PIL.
Answer:
Public Interest Litigation.

Question 13.
What is the meaning of an independent judiciary?
Answer:
It is one that is free from legislative and executive control.

Question 14.
Who is the chief justice of the supreme court of India?
Answer:
Sadashivam is the chief justice of the Supreme court.

Question 15.
Who is the chief justice of the High court of Karnataka?
Answer:
Waghela is the chief justice of the high court.

Question 16.
In which country did PIL originated.
Answer:
PIL has been originated in America.

Question 17.
Where was the family court first established?
Answer:
Family court was first established in America.

Question 18.
When was the family court Act enacted in India?
Answer:
Family courts act was enacted in India on 14th September 1984.

KSEEB Solutions

Question 19.
How many family courts are there in India?
Answer:
There are 190 family courts in India.

Question 20.
How many family courts are there in Karnataka?
Answer:
There are 12 family courts in Karnataka.

Question 21.
When did the Supreme court of India come into existence?
Answer:
1950.

Question 22.
Name the highest judicial tribunal in India.
Answer:
Supreme Court.

Question 23.
What is the main function of judiciary?
Answer:
It exists, in short for the administration of justice.

Question 24.
Who appoints Judges of Supreme Court in India?
Answer:
President appoints in consultation with the Chief Justice of Supreme Court.

Question 25.
What is the term of office of the Chief Justice and other judges of Supreme Court?
Answer:
The term of office of the Chief Justice and other judges of Supreme Court is till they complete 65 years of age.

Question 26.
Mention one administrative function of district judge.
Answer:
The district judge in his administrative capacity exercises supervision over all the civil courts in the district.

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Question 27.
Mention one way in which Supreme Court has been made independent from the influence of executive.
Answer:
Though the appointment of judges is made by the President, the latter can’t remove them from service before the age of retirement.

Question 28.
Mention one way in which Supreme Court has been made independent from the influence of legislature.
Answer:
The salaries and allowances of judges have been declared to be charged on the Consolidated Fund of India and as such these can’t be put to vote in Parliament.

Question 29.
What is judicial review?
Answer:
It is the power of the judiciary to declare any law passed by legislature as unconstitutional if it is not according to Constitution.

Question 30.
What is the retirement age of the Judge of a High Court?
Answer:
62 years.

Question 31.
Who enjoys the law interpreting power in a state?
Answer:
Judiciary.

Question 32.
Who is called the guardian of the constitution?
Answer:
Judiciary.

Question 33.
Who is the defender of the federation?
Answer:
Judiciary.

Question 34.
Who is called the ‘neutral umpire’ in a federation?
Answer:
Judiciary.

Question 35.
Who appoints the judge of the Supreme court?
Answer:
President.

KSEEB Solutions

Question 36.
What is the retirement age of a Supreme court judge?
Answer:
65 years.

Question 37.
Name two grounds on which a judge of the Supreme Court can be removed.
Answer:
Proven misbehavior or incapacity.

Question 38.
Who is the head of the judicial establishment of the Supreme Court?
Answer:
Chief justice.

Question 39.
Mention any two writ petitions.
Answer:
Habeas Corpus and Mandamus.

Question 40.
Mention any two Subordinate courts.
Answer:
Civil and criminal courts, Revenue and consumer courts.

Question 41.
What is Rule Adjudication?
Answer:
It means the task of interpreting the constitution.

1st PUC Political Science Judiciary Two Mark Questions and Answers

Question 1.
What is judicial review?
Answer:
The Supreme court has the power of declaring a law made by the legislature or an executive action as ultra vires (intra vires) or null and void or unconstitutional if it is not in tune with the provisions of the constitution or violative of the fundamental law of the land.

Question 2.
Mention the qualification required to become a district judge.
Answer:

  1. He must be a citizen of India.
  2. He must worked as an advocate for 7 years. (OR)
  3. Must be in central or state services.

Question 3.
Write about the salary and benefits given to the Supreme Court judge.
Answer:
Chief Justice of supreme court gets 1 Lakh Rs salary per month and other judges 90,000.

KSEEB Solutions

Question 4.
Name the subordinate’s court.
Answer:

  1. District courts.
  2. Revenue courts
  3. Consumer courts
  4. Lok Adalat
  5. Family courts.

Question 5.
What is a consumer court?
Answer:
The 1986 Act proposed establishment of consumer courts at taluk, district, state and national level with a view to redress consumer grievances. These courts are called “Consumer Disputes Redressal Forums” The relief provided by these courts will not be in the form of punishment instead, suitable relief is given in the form of return of goods, return of money along with penal interest etc.

Question 6.
What is revenue court?
Answer:
The courts which deals with the cases relating to the maintenance of land records its assessment and collection of land revenue are called revenue courts. The revenue courts are organized as below.

  1. The boards of revenue
  2. The commissioner’s court
  3. The collectors court
  4. Tahsildar’s court

Question 7.
What is family court?
Answer:
A court which decide the matters and make orders on family issues such as marriage divorce, child, custody and family maintenance is called family court.

Question 8.
What are the qualifications to become the Judge of High Court in India? or mention the qualifications required to become a Judge of High Court?
Answer:
A person to be appointed as a Judge of the High Court must possess the following qualifications.

  • He must be a citizen of India.
  • Held a judicial office for at least 10 years.
  • practiced as an advocate of a High Court for at least 10 years.

Question 9.
What are the qualifications of the Supreme Court Judges ?
Answer:
He/She must be a citizen of India, or must have been a judge of one or more High court for 5 successive years, or must have been an advocate of one or more High courts for ten successive years, or in the opinion of the president a distinguished jurist.

Question 10.
What is contempt of court?
Answer:
An individual or the government if violates the orders of the High court, it may impose fine or imprisonment for showing disrespect to its orders.

Question 11.
How is PIL filed?
Answer:
A PIL can be filed by the aggrieved party or any organization before the supreme court or high court.

Question 12.
What is a Lok Adalat?
Answer:
In order to provide justice at die earliest and also at an affordable price, Lok Adalat is established. These courts simplify the procedures and process to make it easily understood and accessible to general public. The retired judges act as the Chairman of Lok adalats. When two contending parties put forward their argument, based on facts and verification of witness, judgment is delivered. The most striking aspect of Lok adalat is the absence of a lawyer or pleader. There is no role for a lawyer in lok adalat. Lok adalat, which began in 1985 for the first time, resulted in settlement of 150 disputes in a single day. .The Lok Adalat was set up to deal with labour, compensation, family law, personal law7, sendee, land acquisition and other matters.

KSEEB Solutions

Question 13.
What is advisory function of the Supreme Court (Judiciary)?
Answer:
The Supreme Court can render legal advice to the Government of India. The President of India can ask for a legal opinion from the Supreme Court on a question of law or public opinion

Question 14.
State the qualifications to become a Judge of Supreme Court of India.
Answer:

  1. Should be a citizen of India.
  2. Should have worked as a Judge in any High Court for 5 years.
  3. Should have Worked as an advocate in the High Court for at least 10 years.
  4. Should be an eminent jurist.

Question 15.
Explain the appellate and revisery jurisdiction of High Court.
Answer:
It means that the appeals against the verdicts of the district courts can be brought to the High Court. The revisery jurisdiction explains that High Court can withdraw cases from subordinate courts for its own consideration.

Question 16.
Mention grounds on which a Judge of the Supreme Court can he removed.
Answer:
A judge of Supreme court can be removed from service by die President for proven mis behaviour or incapacity only if Parliament passes a resolution for such removal by 2/3 majority of its members present and voting.

Question 17.
How the independence of judiciary is maintained in India?
Answer:

  1. The judges are appointed by the President and cant be removed by him.
  2. Salaries and perks can’t be reduced during their term of office.
  3. Conduct of the judges can’t be discussed in Parliament except for launching proceedings for impeachment.

Question 18.
Why judiciary is important?
Answer:
Judiciary is important because

  1. It interprets and applies the laws.
  2. It provides impartial justice.
  3. It protects the rights of the people.
  4. It safeguards liberty.
  5. It is essential for a federation.

Question 19.
Why judiciary is important in modern days?
Answer:
Mere body of laws and their enforcement will not bring justice to people. Application of the laws and adjudication of disputes alone will bring justice to the people. Hence, the judiciary plays an important role in modem days.

Question 20.
What are judge made laws?
Answer:
Judges mould and expand the law consciously and unconsciously while interpreting and applying the existing law. These are known as judge made laws or case laws.

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Question 21.
What is advisory power of the Supreme court?
Answer:
Article 143 confers the power of advisory opinion, the President of India may seek the advisory opinion of the Supreme court on the matter which is, in his opinion, important and necessary such as disputes arising out of treaty of agreement. However, the advice of the Supreme court is purley advisory in nature and it is up to the executive to accept it or not.

Question 22.
Mention any two miscellaneous functions of the Supreme Court.
Answer:
The following are the miscellaneous functions of the Supreme court:

  1. The Supreme court has the power of regulating the practice and procedure of the court.
  2. It appoints its own clerical establishment and exercises supervision over lower courts.
  3. The Supreme court decides matters relating to the election of the President and Vice-president.
  4. The Supreme court if satisfied, may withdraw a case on its own or on appeal pending before one or more High courts on a matter involving substantial question of law of general importance (Article 139)
  5. The Supreme court, if necessary, can transfer any case pending before any High court to any other High court
  6. The Supreme Court may also transfer a criminal case from one High court to the other.

Question 23.
How does the Supreme Court act as a guardian of the constitution?
Answer:
The Supreme Court protects the constitution against the violation of its provision either by the government or by the people. It is the responsibility of the Supreme Court to see that the laws of the constitution are respected and adhered to by all in India. By acting as the watch tower of the constitution, it checks against the violation of laws. As guardian of the constitution, the Supreme Court also exercises the power of interpreting the contents of the constitution. Any matter relating to technical interpretation of details or definitions of terms in the constitution is the sole prerogative of the Supreme Court.

Question 24.
How does Supreme Court act as the defender of the federation?
Answer:
The constitution vests the power of settling the disputes and problems between the centre and the states. In order to prevent the conflict of power between the two, the Supreme court interprets the laws, which help in maintaining the unity of the federation.

Question 25.
Write a note on the organization of the Indian Judiciary.
Answer:
The head of the judicial system is the Supreme Court of India. Below the Supreme Court, there are High courts at the state level. There are other courts such as District and Sessions Court, Metropolitan Magistrates court. Court of sessions, Munisiff’s court, etc., and courts below the High court are called ‘Subordinate courts’ and they are under the control of the High court. The Supreme Court is the ‘apex court’ of the land and the highest court of appeal on all matters civil, criminal or constitutional. A law declared by the Supreme Court is binding on all courts throughout the territory of India.

Question 26.
How a judge of the Supreme court in India can be removed from office?
Answer:
Judges of the Supreme court can be removed from office cm charges on proven misbehaviour or incapacity (Article 124) through the process of impeachment. He may be removed on the above grounds as follows:

A motion of removal addressed to the President signed at least by 100 members of the Lok sabha or 50 members of the Rajya sabha is given to the Speaker or Chairman. The committee consisting of 3 members (2 Supreme court judges and one distinguished jurist) finds the judge guilty, the motion as well as the report of the committee is taken up for consideration in the house where the motion originates. The motion is passed in each house by a two third majority Of the total membership of each house addressed to the President. If the President gives his order for removal, the judge stands removed.

Question 27.
What is special leave jurisdiction?
Answer:
Article 136 confers a special power in the hands of the Supreme court to grant special leave. In hearing appeals the Supreme Court may grant Special Leave petition against any judgment or order made by any court or tribunal, except military tribunal, in a case. The decision is entirely left to the discretion of the Supreme Court. This power, however, is to be used only under exceptional circumstances like matters involving general public interest or in cases of grave injustice or cases in which no appeal is otherwise provided by law.

Question 28.
What is a court of record?
Answer:
The proceedings and judgments of the Supreme Court are kept preserved to be made use of in future cases and judgments, whenever necessary by the lower courts. Those decisions are authoritative records on law whose validity cannot be questioned in any court. The courts of records also have the power to correct its own clerical errors.

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Question 29.
How are the judges of the Supreme court appointed?
Answer:
The President of India appoints the judges of the Supreme court on the advice of the council of minister in consultation with the Chief Justice of India. Article 124 which deals with the appointment of judges, makes it obligatory on the part of the President of India to consult the Chief Justice of India.

In appointing the Chief Justice of India, the President shall, besides the advice of the council of ministers, consult the judges of the Supreme Court and the High courts if he considers it necessary. But, neither the constitution nor the law provides for Chief Justice’s recommendation as to his successor. It is a practice sanctioned by convention.
Normally, the Chief Justice of India is appointed from among the senior most judges of the Supreme Court.

Question 30.
What is the composition of the High court?
Answer:
The High Court consists of a Chief Justice and other judges appointed from time to time by the President. The President may appoint additional judges for a temporary period of two years if the work is heavy in the High court. He may also appoint a acting judge when a permanent judge is temporarily absent.

Question 31.
How is a judge of the High court appointed?
Answer:
The President in consultation with the Chief Justice of India, the Governor of the concerned state, and the Chief Justice of the High Court appoints the judge of the High court.

Question 32.
How is the judge of the High court removed from office?
Answer:
A judge of the High court is removed from his office in the similar way as that of the judge of the Supreme Court. By an address of both houses of parliament by a two third majority of the total membership of the house and by a vote of not less than two third majority of the members present on grounds of proven misbehavior or incapacity (Article 217).

Question 33.
There is no legal practice after retirement for a judge. Why?
Answer:
A judge of the high court is not entitled to practice on retirement in any court except the Supreme Court and any high court other than the one where he held office (Article 220).

Question 34.
What is a revenue court?
Answer:
Revenue courts are established in each district to settle disputes relating to the payment of revenue. Tahsildar acts as a judge at the taluk level.

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Question 35.
Write a note on the consumer’s court.
Answer:
The courts which are established to protect the interest of consumers in the market are called consumers court. The consumer courts are formed as below.

  1. Central consumer protection council.
  2. State consumer protection council.
  3. Consumer dispute redressed forum.

1st PUC Political Science Judiciary Five Mark Questions and Answers

Question 1.
Write about the removal procedure of the supreme court judges.
Answer:
Judges of the Supreme court can be removed from office on charges on proven misbehaviour or incapacity (Article 124) through the process of impeachment. He may be removed on the above grounds as follows:

A motion of removal addressed to the President signed at least by 100 members of the Lok sabha or 50 members of the Rajya sabha is given to the Speaker or Chairman. The committee consisting of 3 members (2 Supreme court judges and one distinguished jurist) finds the judge guilty, the motion as well as the report of the committee is taken up for consideration in the house where the motion originates. The motion is passed in each house by a two-third majority of the total membership of each house addressed to the President. If the President gives him, order for removal, the judge stands removed.

Question 2.
Explain the original jurisdiction of the Supreme Court?
Answer:
Original Jurisdiction: Article 131 of the constitution deals with the original jurisdiction of the Supreme Court. The original jurisdiction of the Supreme Court is so exclusive that no court in India can take up cases falling under the original jurisdiction.

The original jurisdiction of the Supreme Court is purely federal in character. Matters relating to the problems and disputes arising between the union and the states or. between- the states are taken up by the Supreme Court. The disputes entertained under the original jurisdiction are:

  • A dispute involving the Government of India Vs the state of Union of India.
  • A dispute involving the Government of India plus one or more states Vs one or more states.
  • A dispute involving one or more states on one side Vs one or more states on the other.

Question 3.
Explain the appellate jurisdiction of the Supreme Court?
Answer:
Appellate Jurisdiction. The Supreme Court is the highest court in India. Under Appellate jurisdiction, the Supreme court only takes-up such cases that come on appeal. It has no power to take up such cases, which is not asked to take up.
The appellate jurisdiction can be studied under the following three heads:

1. Constitutional Cases:
The cases that come before the Supreme court are as follows:

  • The cases involving a question of law relating to the interpretation of the constitution or certification by the High court.
  • The Supreme Court can take up a case if the High court in its opinion feels that the case involves substantial question of law, which should be decided by the Supreme court.

2. Civil Cases :
Originally Article 133 provided for an appeal against the high court order if it certified that the amount involved was less than Rs. 20,000 and the case is fit for appeal. But, the Law Commission found the logic unreasonable and as a result, the 30th Amendment of 1972 did away with the ceiling of Rs. 20,000. The Supreme Court can take up the civil appeal if the High court certifies that the case involves a substantial question law of general importance. The certification by the High court is essential in these cases.

3. Criminal Cases:
Article 134 provide for an appeal to the Supreme court against the judgment of the High Court under the following conditions:

  • If the High Court has reversed a decision of release of an accused and has given him a death sentence.
  • In a case where the High court has exercised the authority of a lower court and given a death sentence to the accused.
  • In any criminal case if the High court certifies that the case is fit for appeal in the Supreme Court.

Question 4.
Mention the measures necessary to ensure the independence of the judiciary.
Answer:

  1. Selection of judges regardless of their political affiliation.
  2. Appointment of judges by the Chief Executive.
  3. Long and Security of tenure.
  4. Salaries and allowances are paid from Consolidated Fund.
  5. Bar on practice after retirement.
  6. Separation of judiciary from the executive and legislature.
  7. Impartiality in the administration of justice.
  8. Avoiding ambiguity in the judgement.
  9. Appointment of highly qualified judges and making judicial process less expensive.

Question 5.
Write a brief note on ‘Lok Adalats’ in India.
Answer:
To help the poor and middle-class people, Lok Adalats have started. There are a lot of problems like delay, cost, and complicity of the legal system. Lok Adalats deliver informal, cheap and prompt justice to the common man. If Adalat issues a decree, it is enforced by a regular court. Adalat works as friend, is guide to the litigants.

KSEEB Solutions

Question 6.
What is revenue court?
Answer:
The courts which deals with the cases relating to the maintenance of land records its assessment ( and collection of land revenue are called revenue courts. The revenue courts are organized as below.

  1. The boards of revenue
  2. The commissioner’s court
  3. The collectors court
  4. Tahsildar’s court

Question 7.
What is PIL? Explain the significance.
Answer:
Public interest litigation means litigation filed in a court of law for the protection of public interest against the matters relating to environmental pollution, unauthorized occupancy of the public property, terrorism, road safety, etc.

PIL can be filed by any person who is denied his rights and possession, Some times it can be field by any organization against the bodies authorities which comes under the government services. By filing PIL people can protect their rights. It can also bring transparency in public life and initiate fair judicial action to check the violation of legal rights.

Question 8.
What is a family court? Explain its function.
Answer:
A court which deals with the family matters of marriage, divorce, child custody, and family maintenance is called family courts. The family court act was enacted in India on 14th September 1984, the family courts are established by the state government in consultation with the High Court. It can settle the family disputes through conciliation and mediation so as to avoid the delay and to save the money bearded by both the parties.

The state government is empowers to set up a family court where the population is exceeding more than 10 lakhs. At present 190 family courts are functioning in India and 12 are in the Karnataka.

Question 9.
Write a note on the consumer’s court.
Answer:
The courts which are established to protect the interest of consumers in the market are called consumers court. The consumer courts are formed as below.

  1. Central consumer protection council.
  2. State consumer protection council.
  3. Consumer dispute redressed forum.

Question 10.
Name any ten issues on which PIL can be filed.
Answer:

  1. Lock up deaths
  2. Atrocities on women and backword class.
  3. Maintenance of law and order
  4. Payment of minimum usages
  5. Indecent T.V programmes
  6. Unauthorized occupancy of public property
  7. Protection of slum dwellers
  8. Environmental pollution.
  9. Starvation deaths
  10. Illegal detention of arrested persons.

Question 11.
Briefly discuss the role of judiciary.
Answer:
The basic role of judiciary has to function so as to bring confidence in the people, regarding its independence and business. The Supreme Court and High Court using their power of judicial review are expected to interpret the constitution and ensure that laws and regulations which goes against Constitution are struck down. The Supreme Court has special role of advising the President. The Judiciary is vested with sufficient powers of jurisdiction to perform its role satisfactorily.

Question 12.
Examine the method of appointment of judges.
Answer:
Many methods are followed to appoint the judges in different countries like election by the people, election by the legislature, appointment by executive etc. Election by the people is the worst method as it makes the judges politicians as party plays an important role in elections. Appointment by executive is the most accepted method in appointment of judges.

Question 13.
Describe the organisation of judiciary at Central Level.
Answer:
The constitution establishes an integrated judiciary with the Supreme Court as the highest and final judicial tribunal of the country. In every state there is high court under which there are the court of the district and sessions judges. At the lowest level there are munisifif and other judicial magistrates. The Supreme Court enjoys original and appellate jurisdiction. It exercises appellate power both in civil and criminal cases. It safeguards the Constitution, the division of powers and the fundamental rights.

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Question 14.
Describe the organisation of judiciary at the State level.
Answer:
The High Court is the highest court of the State. All other courts and tribunals working in State are subject to the authority of High Court. It occupies the same position in State as Supreme court at central level. The High Court enjoys original and appellate jurisdiction in civil and criminal cases. It operates as a court of record and exercises some administrative powers.
In every state in addition to the High Court, there are number of judicial courts to administer justice.

The State Legislature determines the constitutional organisation and jurisdiction of all these courts which are below the High Court. There are civil, criminal, revenue courts in the state. The State Government appoints the judges and other staff of all the subordinate courts. The District Judges are appointed by the Governor after consulting the Chief Justice of High Court and also the State Public Service Commission.

Question 15.
Write a brief note on writ jurisdiction of the Supreme Court and High Courts in India.
Answer:
A writ is an order issued by the Courts to enforce obedience to laws. The Supreme Court and High Court passes the power to issue various writs.

1. Habeas Corpus: To protect against an illegal detection, the court issues this writ which requires that the prisoner must be produced before the court within a specific period of time.

2.Mandamus: This is an order by the court to compel the government and other officials to perform their duty.

3.Prohibition: This is issued by the Court to lower court or any judicial or quasi-judicial authority. It directs the authority to stop prosecution or proceedings which may be beyond or in excess of the allowed jurisdiction.

4. Quo-warranto: The writ is an order asking a person to justify the exercise of an office, franchise or privilege.

5. Certiorari: This writ enables the removal of cases from lower courts and placing them before a high court.

Question 16.
Write a note on the independence of the Judiciary.
Answer:
1. In order to ensure independence of judicial system in India, the following steps have been taken so that the judicial officers are not under pressure in discharging their duties.

2. The Constitution has made it obligatory on the part of the President to consult the Chief Justice of India in appointing a judge of Supreme Court. This not only makes the appointment non-political but also saves judiciary from the influence of the executive (the; council of ministers).

3. A judge of the Supreme Court cannot be removed from office by the President his will, but on a motion passed by a two-thirds majority of the total membership of either house addressed to him. Thus, the legislative control over the executive ensures judicial independence.

4. A judge of the Supreme Court, though appointed by the President on the advice of the council of ministers, does not hold office during the pleasure of the President, but based on good behaviour. He can be removed only on charges of proven misbehavior or incapacity by a motion addressed to the President by the Parliament.

5. The salaries and allowances of the judges of the Supreme Court are determined by a law of parliament and is not subject to discussion. The salary and allowances of the judges cannot be reduced or varied to his disadvantage during his term of office. This means that he will not be in any way affected by any law made by the parliament since the day of his appointment.

6. The administrative expenses of the Supreme court, the salaries, and allowances of the judges and staff is charged on the Consolidated Fund of India (CFI), a corpus fund of Rs. 50 crore which may be enhanced from time to time, and it can not be voted in parliament.

7. Discussion of the conduct of the judges of the Supreme Court is not allowed in parliament except during the removal of a judge. This gives immunity from criticism.

8. A judge of the Supreme Court is not permitted to practice in any court in India after retirement. This prevents him from falling prey to temptations. To boost accountability in the judicial system, the Central Information Commission (CIC) has brought the office of the Chief Justice under the purview of the Right to Information Act (RTI).

1st PUC Political Science Judiciary Ten Mark Questions and Answers

Question 1.
Explain the meaning and significance of the judiciary.
Answer:
It is the third branch of government, which settles disputes. It is there for administration of justice.
1. Regulation of Civic Behavior:
It is the responsibility of the judiciary that if anyone, however big and mighty, does not follow the rules and regulations prescribed by the constitution, he is liable for punishment depending upon the magnitude of crime.

2. Protection of rights and liberties:
The Judicial system is not meant to punish only the individuals and groups but also the government. If the government violates the rights of the people, people can go to a court of law and seek suitable relief. This upholds the principle that all are equal in the eye of law and all are treated alike.

3. Instill confidence of the people:
The people look up to the judiciary as a ‘neutral umpire’ deciding a case purely on merit but not on any other consideration. A common man looks up to judiciary as the ultimate lamp of justice. If the judiciary fails to stand up to the expectations of the people by being partisan to any influence or power, people stop believing not only the judiciary but also in the constitution – the fundamental law of the land. So, it is the responsibility of judiciary to make people trust the judiciary and importantly respect the constitution.

Question 2.
Describe the composition and powers of Supreme Court of India.
Answer:
The President of India appoints the judges of the Supreme court on the advice of the council of ministers in consultation with the Chief Justice of India. Article 124 which deals with the appointment of judges, makes it obligatory on the part of the President of India to consult the Chief Justice of India.

In appointing the Chief Justice of India, the President shall, besides the advice of the council of ministers, consult the judges of the Supreme Court and the High courts if he considers it necessary. But, neither the constitution nor the law provides for Chief Justice’s recommendation as to his successor. It is a practice sanctioned by convention.

Normally, the Chief Justice of India is appointed from among the senior-most judges of the Supreme Court. The following are the powers of the Supreme Court:

1. Original Jurisdiction:
Article 131 of the constitution deals with the original jurisdiction of the Supreme Court. The original jurisdiction of the Supreme Court is so exclusive that no court in India can take up cases falling under the original jurisdiction.

The original jurisdiction of the Supreme Court is purely federal in character. Matters relating to the problems and disputes arising between the union and the states or between the states are taken up by the Supreme Court. The disputes entertained under the original jurisdiction are:

  1. A dispute involving the Government of India Vs the state of Union of India.
  2. A dispute involving the Government of India plus one or more states Vs one or more states.
  3. A dispute involving one or more states on one side Vs one or more states on the other.

2. Appellate Jurisdiction:
The Supreme Court is the highest court in India. Under Appellate jurisdiction, the Supreme court only takes up such cases that come on appeal. It has no power to take up such cases, which is not asked to take up.
The appellate jurisdiction can be studied under the following three heads:

(a) Constitutional Cases:
The cases that come before the Supreme court are as follows:

  • The cases involving a question of law relating to the interpretation of the constitution or certification by the High court.
  • The Supreme Court can take up a case if the High court in its opinion feels that the case involves a substantial question of law, which should be decided by the Supreme court.

(b) Civil Cases:
Originally Article 133 provided for an appeal against the high court order if it certified that the amount involved was less than Rs. 20,000 and the case is fit for appeal. But, the Law Commission found the logic unreasonable and as a result, the 30th Amendment of 1972 did away with the ceiling of Rs. 20,000. The Supreme Court can take up the civil appeal, if the High court certifies that the case involves a substantial question law of general importance. The certification by the High court is essential in these cases.

(C) Criminal Cases:
Article 134 provide for an appeal to the Supreme court against the judgment of the High Court under the following conditions:

  • If the High Court has reversed a decision of release of an accused and has given him a death sentence.
  • In a case where the High court has exercised the authority of a lower court and given a death sentence to the accused.
  • In any criminal case if the High court certifies that the case is fit for appeal in the Supreme Court.

3. Special Leave Jurisdiction:
Article 136 confers a special power in the hands of the Supreme Court to grant special leave. In hearing appeals the Supreme Court may grant Special Leave petition against any judgment or order made by any court or tribunal, except military tribunal, in a case. The decision is entirely left to the discretion of the Supreme Court. This power, however, is to be used only under exceptional circumstances like matters involving general public interest or in cases of grave injustice or cases in which no appeal is otherwise provided by law.

4. Advisory Jurisdiction:
Article 143 confers the power of advisory opinion. In order to break authoritative opinion, the President of India may seek the advisory opinion of the Supreme Court on the matter which is, in his opinion, important and necessary such as disputes arising out of treaty of agreement. However, the advice of the Supreme Court is purely advisory in nature and it is up to the executive to accept it or not. The Supreme Court may decline to give advisory opinion if it finds unnecessary.

5. Power of Judicial Review:
The supremacy of the Supreme Court as the guardian of the constitution is emphasized by the power of judicial review. The Supreme court has the power of declaring a law made by the legislature or an executive action as ultra vires (intra vires) or null and void or unconstitutional if it is not in tune with the provisions of the constitution or violative of the fundamental law of the land. This acts as an effective, check on both the legislature and the executive as any decision made or action taken whimsically without regard to the constitution is declared invalid.

6. The Court of Records:
The proceedings and judgments of the Supreme Court are kept preserved to be made use of in future cases and judgments, whenever necessary by the lower courts. Those decisions are authoritative records on law whose validity cannot be questioned in any court. The courts of records also have the power to correct its own clerical errors.

7. The Contempt of court:
The Supreme Court enjoys the authority of imposing fines or imprisonment for violating the orders of the court (Article 129).

8. Self-correcting Court:
The Supreme Court has the power of correcting its own judgments. This is to ensure any loss or damage, physical, emotional or material that may be caused to any person seeking justice. To put it in legal terms, this is to ensure against ‘miscarriage of justice’.

9. Guardian of the Constitution:
The Supreme Court enjoys the privilege of protecting the constitution against violation of its provision either by the government or by the people, It is the responsibility of the Supreme Court to see that the laws of the constitution are respected and adhered to by all in India.

By acting as the watchtower of the constitution, it checks against the violation of laws. As guardian of the constitution, the Supreme Court also exercises the power of interpreting the contents of the constitution. Any matter relating to technical interpretation of details or definitions of terms in the constitution is the sole prerogative of the Supreme Court.

10. Enforcement of Fundamental Rights:
The Supreme Court is empowered by the constitution to act as the protector and guarantor of the fundamental rights. Under Article 32, the Supreme Court enjoys the power of issuing constitutional writs, also called as writ jurisdiction, for the enforcement of fundamental rights. The writs may be against the government or individuals.
The writs are briefly explained as follows:

(a) Habeas Corpus:
This literally means ‘to have a body’. It calls upon the authority, which arrests a person to produce in court, the person to set him free if he has done nothing wrong. It protects an individual against wrongful confinement.

(b) Mandamus:
This literally means a command. It is a command issued by the court asking a person to perform his legal duty, which is of public nature.

(c) Prohibition:
It is a writ issued by the Supreme court to an inferior court restraining it from exercising powers which are not invested in them.

(d) Certiorari:
It is a writ by which a case is removed from a lower court, which does not enjoy jurisdiction to deal with it.

(e) Quo warrato:
This writ is issued to prevent a person from illegally occupying a public office to which he is not entitled.

11. Defender of the Federation:
The constitution vests the power of settling the disputes and problems between the centre and the states. In order to prevent the conflict of power between the two, the Supreme Court interprets the laws, which help in maintaining the unity of the federation.

12. Miscellaneous functions:
The following are the miscellaneous functions of the Supreme court.

  • The Supreme Court has the power of regulating the practice and procedure of the court.
  • It appoints its own clerical establishment and exercises supervision over lower courts.
  • The Supreme Court decides matters relating to the election of the President and Vice-president.
  • The Supreme Court if satisfied, may withdraw a case on its own or on appeal pending before one or more High courts on a matter involving substantial question of law of general importance (Article 139).
  • The Supreme Court, if necessary, can transfer any case pending before any Highcourt to any other High court.
  • The Supreme Court may also transfer a criminal case from one high court to the other.

Question 3.
How is independence of the judiciary ensured? Explain the measures.
Answer:
In order to ensure independence of judicial system in India, the following steps have been taken so that the judicial officers are not under pressure in discharging their duties.

  • The Constitution has made it obligatory on the part of the President to consult the Chief Justice of India in appointing a judge of Supreme Court. This not only makes the appointment non-political but also saves judiciary from the influence of the executive (the council of ministers).
  • A judge of the Supreme Court cannot be removed from office by the President at his will, but on a motion passed by a two third majority of the total membership of the either house addressed to him. Thus, the legislative control over the executive ensures judicial independence.
  • A judge of the Supreme Court, though appointed by the President on the advice of the council of ministers, does not hold office during the pleasure of the President, but based on good behaviour. He can be removed only on charges of proven misbehavior or incapacity by a motion addressed to the President by the Parliament.
  • The salaries and allowances of the judges of the Supreme Court are determined by a law of parliament and is not subject to discussion. The salary and allowances of the judges cannot be reduced or varied to his disadvantage during his term of office. This means that he will not be in any way affected by any law made by the parliament since the day of his appointment.
  • The administrative expenses of the Supreme court, the salaries and allowances of the judges and staff are charged on the Consolidated Fund of India (CFI), a corpus fund of Rs. 50 crore which may be enhanced from time to time, and it can not be voted in parliament.
  • Discussion of the conduct of the judges of the Supreme Court is not allowed in parliament except during removal of a judge This gives immunity from criticism.
  • A judge of the Supreme Court is not permitted to practice in any court in India after retirement. This prevents him from falling prey to temptations. To boost accountability in the judicial system, the Central Information Commission (CIC) has brought the office of the Chief Justice under the purview of the Right to Information Act (RTI).

Question 4.
Describe the composition and powers of the High court.
Answer:
The High Court consists of a Chief Justice and other judges appointed from time to time by the President. The President may appoint additional judges for a temporary period of two years if the work is heavy in the High court. He may also appoint a acting judge when a permanent judge is temporarily absent.
The following are the powers of the High court:

1. Protection of Fundamental Rights:
The constitution has granted 6 fundamental rights to its citizens and it is also the responsibility of High courts to protect and defend them against legislative, executive or any other kind of encroachment. The High court may issue the writs. Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto, to protect the people against violation of fundamental rights (Article 226). The writ jurisdiction of the high court also extends to the violation of legal rights as well.

2. Original Jurisdiction:
The High courts of the Presidencies of Calcutta, Madras, and Bombay had original jurisdiction both on civil and criminal matters within the limits of the presidencies. However, the original criminal jurisdiction has now been completely taken over by the Criminal Procedure Code (CPC) of 1973. But, the original civil jurisdiction has been retained in matters of higher value.

3. Appellate Jurisdiction:
The appellate jurisdiction of the High courts can be studied under two heads:

a. Civil cases:
The civil cases may go to the High court on either first appeal or second appeal. The appeal from the decisions of District judges and subordinate judges may go directly to the high court in cases of higher value on questions of fact as well as law. And also, when a court below the High court decides a case from the decision of an inferior court, the case can come to the high court on second appeal only on question of law and procedure.

b. Criminal cases:
The High Court can take up criminal cases on appeal in two cases.

  • A person can appeal against the decision of a Sessions Judge or an Additional Sessions Judge in a case where the punishment is imprisonment exceeding seven years.
  • Against the decisions of an Assistant Sessions Judge or other Judicial Magistrates in certain special cases other than petty cases.

4. Power of Superintendence:
The High court has the power to supervise all courts and tribunals under its territorial limits and to see that the courts discharge duty according to laws of the constitution. The high court may also issue general rules regarding the administration of laws. Supervisory power also gives the authority to intervene in case of any grave injustice or abuse of jurisdiction.

5. Transfer of Cases:
The High Court if satisfied that a case pending in a subordinate court involves a substantial question of law related to the interpretation of the constitution, might transfer the case to itself and decide the case as well.

6. Court of Records:
Like the Supreme Court, the high court is also the court of record whose judgments and decisions cannot be questioned by any court of law below the rank of the high court. It has the power to correct and punish itself.

7. Contempt of Court:
An individual or the government if violates the orders of the High court, it may impose fine or imprisonment for showing disrespect to its orders.

8. Control over Subordinate Courts:
The High court exercises control over the subordinate judiciary in the state.

  • The District Judges are appointed posted and promoted by the Governor in consultation with the concerned High court.
  • The members of the judicial service of the state are appointed by the Governor in consultation with the High court and the members of the Public Service Commission.
  • It is the authority of the High court to decide on posting, promotion, and grant of these judicial officers holding any post below that of a District judge.

9. Control over the Establishment:
The Chief Justice of a High Court is given the power of appointing officers and servants of the court for efficient discharge of judicial duties (Article 229). He may suspend or dismiss any official who does not follow the rules of the court.

KSEEB Solutions

Question 5.
Explain the organisation and working of subordinate courts.
Answer:
The High Court is the highest court of the State. All other courts and tribunals working in State are subject to the authority of High Court. It occupies the same position in State as Supreme court at central level. The High Court enjoys original and appellate jurisdiction in civil and criminal cases. It operates as a court of record and exercises some administrative powers. In every state in addition to the High Court, there are number of judicial courts to administer justice.

  • The State Legislature determines the constitutional organisation and jurisdiction of all these courts which are below the High Court.
  • There are civil, criminal, revenue courts in the state. The State Government appoints the judges and other staff of all the subordinate courts.
  • The District Judges are appointed by the Governor after consulting the Chief Justice of High Court and also the State Public Service Commission.

Question 6.
What are the important functions of the judiciary?
Answer:
The Constitution of India provides that there shall be a Council of Ministers, the Prime Minister as its head, to aid and advice the President in the exercise of his functions.

  1. Administration.
  2. Law making.
  3. Interpreting the Constitution.
  4. Judicial Review.
  5. Protecting and Guarding the rights of the people.
  6. Administrative functions.
  7. Advisory functions.
  8. Other functions.

(a) Administration of justice is the most important function of judiciary. Judiciary is there to hear and decide the disputes, both civil and criminal cases. The main function of the judiciary is to interpret the existing law as it is.

(b) The judiciary can modify, expand or make laws. According to Laski, “the courts find the law, but in finding courts also makes it.” The judges can exercise discretionary power and give their own interpretation to such laws

(c) Interpolating the constitution is another function of the judiciary’. In a federal state the constitution is supreme.

(d) The judiciary in federal-state enjoys the power to review the laws passed by legislature.

(e) Judiciary is the guardian of the fundamental rights of the people. It protects the individual rights.

(f) The judiciary also performs some administrative functions. The court appoints their local officials and subordinate staff.

(g) In some countries, the judiciary performs advisory functions also. For e.g : the President of India can seek the advise of Supreme Court on any question of constitutional law.

(h) The judiciary in every’ country acts as a court of record also. It keeps record of all its. decisions and advises.

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