Q 1 – What is Judiciary?
Ans. Judiciary is the important organ of the Government which is concerned with settling the disputes and dispensation of Justice at different levels for justice. Earlier all the judicial powers used to be vested in the king under the Monarchy system but now in a democratic setup Judiciary is structural as a separate organ of the Government.
Q 2 – Why we need Judiciary?
Ans. In any group or society, disputes are bound to occur due to different individual and group interests of the people which need to be settled up to the satisfaction of all the concerned by an independent competent and impartial body. To serve these needs, a separate organ of the Government is structural as the judiciary in modern democracies. Judiciary, besides settling the disputes, performs a number of other functions for the society.
Q 3 – What do you mean by the independence of the judiciary?
Ans. Basically, independence of judiciary means that judiciary is allowed to work independently, impartially without undue interference of executive and legislature. Independence of Judiciary also means that the judges should be appointed on merit with definite qualifications and experience and they should enjoy long tenure. They should not be removed in an arbitrary manner. The judges should be paid good salaries and facilities. The decisions should be respected.
Q 4 – How the judges are appointed in India?
Ans. The judges are appointed for Supreme court and“High Court by the President of India with the consultation of the Chief Justice of India and the Chief Justice of concerned High Court (in a case of High Court Judges) The constitution of India has provided, qualification and experience for the appointment of judges.
Q 5 – How the judges can be removed?
Ans. It is provided in the Constitution that the judges can be removed from the office by impeachment in which the charges are levelled in one house of the Parliament and are listened and examined in next house. If the charges are proved correct, the judges stand impeached.
Q 6 – What do you mean by the integrated judiciary?
Ans. We in India have integrated judiciary which means that at the apex is the Supreme Court and at the bottom is the lower court (District Court). It is a Pyramid (ladder) like structure. The Supreme Court has administrative and supervisory control on lower courts and it listens to the appeal against the decisions of the lower courts.
Q 7 – Discuss the composition of the Supreme Court of India.
Ans. Supreme Court of India consists of 26 judges including Chief Justice, who are appointed by the President of India. To become a judge in the Supreme Court one should have experience of Judge for 5 years in the High Court or 10 years of an advocate in the Supreme Court. He should be a distinguished jurist in the eye of President.
Q 8 – What is PIL Public Interest Litigation?
Ans. PIL Public Interest Litigation means taking up the case of such weaker and poor people to the court who are unable to take up their case themselves due to some reasons.
Judicial activism has a manifold impact on the Indian Political System. It has democratised the Judicial systems. It has forced accountability and terror.
Q 9 – Write three main functions of the Judiciary
Ans.
- Settling the disputes among the people
- It protects the Rule of Law and to ensure the supremacy of Law
- Safeguarding the rights of the people and the constitution.
Q 10 – What is the original jurisdiction of the Supreme Court of India?
Ans. In the original jurisdiction of the Supreme Court of India following cases are taken up.
- Disputes between Centre and State Governments.
- Disputes between the two states.
- Disputes related to Fundamental Rights
- Disputes in which issue of interpretation of the constitution is involved.
Q 11 – What is the jurisdiction of the High Court?
Ans. Almost every state has its High Court. It stands in the middle of the judicial system. High Courts have the following jurisdiction:
- Original Jurisdiction
- Appellate Jurisdiction
- Supervisory Jurisdiction
- Administrative Jurisdiction
- Court of record
Q 12 – What is District Court?
Ans. District Court is at the lowest level of the Indian judicial system. Its judges are appointed by the Governor with the consultation of Chief Justice of High Courts. Its functions are as under.
- Deals with the cases arising in the District
- Considers appeals on decisions given by lower courts
- Decides cases involving serious criminal offences.
- District Cases have administrative control on subordinate courts.
Q 13 – What is the role of the Indian Judiciary?
Ans.
- It settles disputes
- It interprets the Constitution and acts its guardian
- It protects the Fundamental Rights of the people.
- It protects the federal system.
- It helps in the development of the constitution
Q 14 – Mention essential conditions for the independence of the judiciary.
Ans. Following are some main essential conditions for the independence of the judiciary.
- The judiciary should be the product of constitutional law.
- Judiciary should be free from undue interference of Executive and Legislature.
- High qualifications and experiences should be set for the appointment of judges.
- The judge’s pay and allowance and other service conditions should be attractive so that man of high integrity enters in this profession.
- The tenure of the service of the judges should be long and for the security of service, they should not be dependent on the where is and fancies of the executive and Legislature.
- The decisions of the Judiciary should be respected and accepted.
Q 15 – How the constitution of India has ensured independent of the judiciary?
Ans. The Constitution of India has ensured the independence of the judiciary by the following provisions:
- The legislature is not involved in the appointment of Judges
- The judges have fixed and long tenure and the process of removal of judges by impeachment is long and difficult.
- Judiciary is not financially dependent on the executive or legislature.
- Judiciary has the power to penalise those who commit contempt of Court.
- Parliament cannot discuss the conduct of judges.
- Decisions of the judiciary are immense from personal criticism.
Q 16 – How Indian Judiciary is integrated Judiciary?
Ans. Integrated Judiciary is one which is structurally and functionally. related at different levels. India judiciary is also integrated because it is also a ladder-like structure. At its apex in the Supreme Court of India.
In the middle (State Level) are the High Courts and the Lower Level (District Level) and the District and other local courts. The Supreme Court of India which is at the apex of the Judicial system exercises, administrative, supervisory control in the Lower Courts. It has also appellate jurisdictions on lower courts. It has also appellate jurisdiction on lower courts. Its decisions are binding on all courts. It can transfer judges from one court to another. It can transfer a case from one court to another court. It can more any case from any court to itself.
Q 17 – Write the composition of the Supreme Court of India.
Ans. Supreme Court of India consists of 26 judges including one Chief Justice. To become the Judge one should have the following qualifications
- He should be a citizen of India.
- He should have worked as a judge in any High Court for five years.
- He should have worked as an advocate in the Supreme court for 10 years.
- He should be a distinguished judge in the eye of the President.
The Judges of the Supreme Court get retirement at the age of 65 years.
Q 18 – Explain the Jurisdiction of the Supreme Court of India.
Ans. Supreme Court of India has the following Jurisdiction:
1. Original Jurisdiction Under this jurisdiction the Supreme Court listens to the case related to
a. Dispute between centre and state
b. Dispute between two states
c. Fundamental Rights
d.Interpretation of the constitution
2. Appellate Jurisdiction: Under this jurisdiction Supreme Court listen to the appeal against the decisions of the High Courts in all the civil, criminal and constitutional matters.
3. Advisory Jurisdiction: Under this jurisdiction, the Supreme Court can give its opinion to the President on any issue on which he seeks its opinion.
Q 19 – Write the functions of High Courts.
Ans.
- It can hear the appeals against the decisions of the lower courts
- It can issue writs for restoring Fundamental Rights
- It can deal with cases which fall within the jurisdiction of the State.
- It has supervisory and administrative jurisdiction over the lower courts under which it exercises, superintendence and control over courts below it.
- It decides the service conditions of the employees of the lower courts.
Q 20 – What is impeachment?
Ans. Impeachment is a method of removal of the judges by the Parliament on the charges like corruption, misuse of power and violation of the Constitution.
The impeachment motion of the removal of the judge with the charges is introduced in either house. If that motion is passed by 2/3 majority of the present and voting of the members, then it is sent to another house when it is heard. The judge can explain his/her position in that house. If the charges levelled in the previous house are proved in the second house by 2/3 majority of the present and voting and majority of the house. The judge stands impeached and he has to vacate the office. So far only one case of the removal of a judge of Supreme Court came up for consideration before the Parliament which could not get the support of the majority of the total strength of the House.
Q 21 – What is Judicial Review? How does it work in India?
Ans. Judicial Review is the power of the judiciary to test the constitutional validity which means it tests whether a law or executive is in accordance with the provisions of the Constitution. If the imposed legislation or order of the executive is not according to the provisions of the constitution, it can declare them as unconstitutional.
In India judicial review is borrowed from the USA but with a difference. In the USA the power of Judicial review works on the principle of Due process of Law, while in India the power of Judicial review works on the Principle of Procedure established by Law. On the process of Due process of Law Supreme Court of USA can comment on Justness and Unjustness of the policy matters while as per the procedure established by Law Indian Judiciary is not supposed to comment on policy matters.
Q 22 – What is the role of the Supreme Court in India?
Ans. Oft the basis of the power of Judicial review the Supreme Court is playing a very effective role in a different way on which we can enumerate as following
- It is the final authority of the interpretation of the constitution.
- It checks the arbitrariness of executives and legislature.
- It protects the Fundamental Rights of the people.
- It strengthens democracy.
- It protects the Indian Federal System
- It checks the bureaucracy
- It acts as guardian of the constitution
- It helps in the evolution of the Constitution.
Q 23 – Explain the Advisory Jurisdiction of Supreme Court of India.
Ans. Besides the original and appellate jurisdiction, the Supreme Court of India possesses Advisory Jurisdiction also. Under this jurisdiction, the President of India can seek opinion on any matter which involves the interpretation of the Constitution. However, the Supreme Court of India is not bound to give its advice nor the President of India is bound to accept the advice of the Supreme Court that he has sought. The utility of this jurisdiction is twofold. Number one it gives the opportunity to the government to seek the legal opinion of the Supreme Court on the matter of greater importance and consequences. Secondly in the light of the advice of the Supreme Court government can make necessary changes.
Q 24 – What do you mean by Judicial Activism?
Ans. The term Judicial activism is much talked about in the legal, political and academic circles in India. On the basis of Judicial activism, the courts have given revolutionary decisions in different areas which have demoralised the legislature and executive who are particularly vocal in infusing the concept of Judicial activism. However, it is found to be more people-friendly.
Judicial activism means working of Judiciary beyond its limit, which is permitted under the principle of procedure established by law which says
Under this jurisdiction, the Supreme Court listens to the case related to
a. Dispute between the centre and state
b. The dispute between two states
c. Fundamental Rights
d. Interpretation of the constitution
2. Appellate Jurisdiction: Under this jurisdiction Supreme Court listen to the appeal against the decisions of the High Courts in all the civil, criminal and constitutional matters.
3. Advisory Jurisdiction: Under this jurisdiction, the Supreme Court can give its opinion to the President on any issue on which he seeks its opinion.
Q 25 – What are PIL(Public Interest Litigation) cases?
Ans. PIL (Public Interest Litigation) is the chief instrument through which the Judicial activism has flourished in India.
PIL are those, cases which have been filed not by the aggrieved persons or parties but by the other, spirited persons and organisations on their behalf in Larger Public interests. Supreme Court of India took up the cases about the rights of Prisoners which opened the gates for others.
Many Voluntary organisations have sought judicial intervention for the protection of existing rights and interest of the poor people and for improving the conditions of the poor people, protection of the environment and may other issues in the interest of public and \yeaker sections of the society. Justice P.N. Bhagwati had played a pioneering role in. the field of PIL (Public Interest Litigation case).
Q 26 – What is the importance and impact of PIL Public Interest Litigation Court?
Ans. PIL is a revolutionary development in Indian Judiciary and is the consequence of Judicial activism and is an indicator of the changes which are taking place in social and economic setup in India.
Through the PIL, the courts have expanded the idea of rights, clean air, pure drinking water, decent living and dignified living are accepted as the essential rights of every man in the society. It was therefore felt by the courts that the individuals are part of the society must have the right to seek Justice when such rights are involved. Through PIL Judiciary has become more liberal and human.
Judicial activism has a manifold impact on Indian Political System. People have largely found it and accepted as people-friendly. It has also made the executive more conscious and accountable to the people. Transparency in official working is the impact of Judicial activism; In fact, through Judicial activism, Judiciary has put the executives on their toes.
Q 27 – Mention some negative impacts of Judicial activism.
Ans. No doubt that Judicial activism in India is people friendly but it is certainly a violation of the principle procedure established by law because judicial activism is based on the process of law which does not prevail in India.
There is the negative side of Judicial activism which are as under:
- It is the violation of principle separation of power
- It is an attack on the autonomy of executive and legislative.
- An ultimate representative of the people of the interest of the people is legislative which are elected by the people.
- It will lead to high handedness of the Judiciary.
- It will lead to conflict between the legislature and judiciary and will be a hindrance in the working of the Government.
Q 28 – Explain the conflict between the Judiciary and Parliament over the issue of amendment of Fundamental Rights.
Ans. Since the very implementation of the Constitution, there has been conflicting between the Parliament and Judiciary over the amendment of Fun-damental Rights. Some of the causes of this conflict are used under.
- Shankari Prasad Case 1951
- Golak Nath case 1967
- Keshwanand Bharti Case 1973
- Minerva Mill Case 1980
Now it is the latest position that Parliament can amend every part of the Constitution including the Fundamental Rights but cannot amend the basic structure of the constitution.
Q 29 – Write the composition and role of the Supreme Court of India.
Ans. Judiciary in India occupies the place of dignity and prestige. We have an independent, impartial and powerful judiciary. It is an integrated one. At its apex is Supreme Court which has administrative and Supervisory control on the lower courts.
The Supreme Court consists of 26 Judges including the Chief Justice of India. The Chief Justice of India is appointed by the President of India by the principle of seniority. Other Judges are appointed by the President with the consultation of the Chief Justice of India. The Judges of the Supreme Court enjoy long tenure. They get retirement at the age of 65 years. They can be removed from the officers by way of impeachment by Parliament. Supreme Court of India has the power of Judicial review and exercises the jurisdiction in the following areas:
- Original Jurisdiction
- Appellate Jurisdiction
- Advisory Jurisdiction
- Miss.
The Supreme Court of India has assumed more and m^fe powers and role in Indian Political System. It is working beyond its/jurisdiction and has the renowned name of Judicial activism. L.N. Bhagwati has filter done revolutionary step by accepting the principle ofPIL (Public Interest Litigations) which means by filing the case by an others-the aggrieved person who an unable to move to the courts themselves. Judiciary has played’ important role in
- Checking the arbitrations of executive/ln India
- It is defending the democracy in India
- It is protecting the Fundamental Rights of the people.
- It is working as guardian of the Constitution