Judiciary
Political Science, Class 11-A Unit-6
1. Which is the apex count in India?
Ans:- Supreme Court
2. Who appoints the Chief justice of Supreme Court? HS-2011
Ans:- The President of India
3. Where the Supreme Court of India is situated?
Ans:- At New Delhi.
4. The Supreme Court of India can issue writs. (True or false)
Ans:- True.
5. Who appoints the judges of the Supreme Court?
Ans:- The President of India
6. The terms of the judges of Supreme Court _____. (Fill in the blanks)
Ans:- 65 years.
7. The concept of judicial review is borrowed from which country.
Ans:- From United States of America.
8. What is the full form of P.I.L?
Ans:- Public Interest Litigation.
9. What is the full form of CJI?
Ans:- Chief Justice of India.
10. What is the full form of SAL?
Ans:- Social Action Litigation.
10. What is the total numbers of High court in India?
Ans:- 24 High courts.
11. Who can remove the judges of High court?
Ans:- The President.
12. The President can change the total numbers of High court. (True or false)
Ans:- True.
12. What is the total numbers of judge of Supreme Court at present?
Ans:- 30 members.
13. What is independent judiciary?
Ans:- A judiciary which is not under the control of executive and legislative is called an independent judiciary.
14. When the Supreme Court can use advisory jurisdiction? HS-2015
Ans:- The Supreme Court can use advisory jurisdiction when the President of India seeks the advisory opinion on legal matter and other important matter. The advice given by the Supreme court is not a judicial pronouncement.
15. Write two functions of judiciary. HS-2013
Ans:- (i) The function of the judiciary is the administration of justice. It protects the rights of the aggrieved party.
(ii) The judiciary is the interpreter of laws and the constitution.
16. Write two necessary qualifications of the judges of High court. HS-2011
Ans:- The qualifications of the High Court are
(i) He must be a citizen of India,
(ii) He has for a period of at least 10 years held a judicial office in the territory of India,
(iii) He has for a period of at least 10 years been an advocate in one or more courts.
17. What do you mean by Habeas Corpus? HS-2012
Ans:- Habeas Corpus is writ that can be issued by the Supreme Court or High Court when a person is detained the detainer as to produce the person in the court and explain the cause of his/her detention. Within 24 hours if detainer cannot give a legitimate cause for arresting the person, then the arrested person will ne freed.
18. Do you think that the judicial activism can lead the conflict between judiciary and executive? HS-2015
Ans:- I think Judicial activism can lead conflict between judiciary and executive. The judiciary is very much active in seeking to prevent subversion of the constitution through political practice. These are discussed below:-
(i) There are so many instances in which the Supreme Court actively involved itself in the administration of justice by giving directions to executive agencies.
(ii) It gave directions to CBI to initiate investigations against politicians and bureaucrats in Hawala case, the Narasimha Rao case etc.
(iii) Immediately after the implementation of the constitution a controversy arose over the Parliament's power to restrict right to property. The executive wanted to put some restrictions on the right to hold property so that land reforms could be implemented.
(iv) The constitution provides that the conduct of judges cannot be discussed in the parliament. But there have been several instances where the executive or the Parliament intervene on the functioning of the judiciary.
19. Discuss the advisory jurisdiction of Supreme Court. HS-2016 marks-4
Ans:- The constitution empowers the President under article 143 of the constitution to seek the advisory opinion of the Supreme court. The President can refer to the court for its opinion any question of law or fact which is of considerable public importance. The opinion given by the Supreme Court is not a judicial pronouncement. So, it is not binding on any party. But it has great persuasive value.
20. Explain the powers and functions of the Supreme Court of India. HS-2017Ans:-The Constitution of India has vested upon the Supreme Court enormous powers and functions. The jurisdiction of the Supreme Court is of three kinds—original, appellate and advisory. This Court also acts as the guardian of the Constitution and the Fundamental Rights of the citizens.
1. Original Jurisdiction:-
In its original jurisdiction the Supreme Court can settle disputes: (i) between the Centre and the States; (ii) between the Centre and some States and other States; (iii) between some States and other States or between two States; The matter of dispute must involve a question of law on which a legal right depends.
2. Appellate Jurisdiction:-
The Supreme Court of India is the highest appellate court in the Country. Its appellate powers can be divided into three classes- (i) Constitutional Appeal. (ii) Appeal against Civil cases and (iii) Appeal against criminal cases.
(i) Constitutional Cases:- In Constitutional cases, an appeal shall lie to the Supreme Court against the judgement of a High Court. The High Court must certify that the case involves a substantial point of law as to the interpretation of the Constitution.
(ii) Civil Cases:- Article 132 provides that in a civil case an appeal against the decision of a High Court shall lie to the Supreme Court provided the High Court issues a certificate that the matter involves a substantial question law as to the interpretation of the Constitution.
(iii) Criminal Cases:- Under Article 134 of the Constitution there can be appeal from any judgement, final order or sentence given by the High Court if the High Court : (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or (c) certifies under Article 134A that the case is fit for appeal to the Supreme Court.
3. Advisory Jurisdiction:-
The Constitution empowers the President under Article 143 of the Constitution to seek the advisory opinion of the Supreme Court. The President can refer to the Court for its opinion any question of law or fact which is of considerable public importance. The opinion given by the Supreme Court is not a judicial pronouncement. Hence, it is not binding on any party. But it has great persuasive value.
(4) Court of Record:-
The Supreme Court is a court of record. As the Supreme Court of India is a superior court its decisions and judicial proceedings are recorded for perpetual memory.
(5) Directions, Orders or Writs:-
Article 139 of the constitution confers power of supreme court to issue writs. The Supreme court is the protector of the fundamental rights of the citizens.
(6) Interpreter of the constitution:-
The Supreme Court is also described as the custodian and guardian of the constitution. It is the highest forum for the interpretation of the constitution.
21. Write a note on judicial review. HS-2017, 2018 marks-6
Ans:- The Supreme Court or High Court have the power of judicial review. If a law passed by the Parliament or state assembly goes against the Constitution, then the Court can declare it as unconstitutional and invalid. To declare a law unconstitutional, the majority of a panel made of al least five judges of the court should vote in favour. But if the Court has less than five judges then a panel made of all the judges must unanimously declare the law as unconstitutional. If any order, law, activity of the parliament and executive violates the fundamental rights of citizens wrongly interpreting the constitution, then Supreme Court can use the judicial review power.
22. Write a note on Independence of judiciary of India. HS-2018 marks-6
Ans:- The Constitution of India has provided for some mechanism so that the judiciary of India can work in an independent manner. The provisions to ensure independence of the judiciary are as follows:-
(i) The process of appointment:-
The appointment of the judges is done by the President and not by the legislature so that the appointment of the judges is not influenced by political leaders.
(ii) Job Security:-
The age of retirement of the judges of Supreme Court is 65 years and of High Court is 62 years. Till this time the judges are assured security of their jobs.
(iii) High Salary:-
The judges are given high salary so that farsighted intelligent people can carry on their responsibility as judges and do not indulge in bribery and corruption.
(iv) Free from criticism:-
The judges cannot be criticized for their work even by the legislature. Only if there is a proposal for the removal of a judge, then he/she can be criticized.
(v) Contempt of Court:-
The judiciary has power to penalize those who are found guilty of the contempt of court.
(vi) No discussion in Parliament:-
The constitution specially bars the Parliament from discussing the conduct of the judges except when impeachment proceedings are being carried out.
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H.N.Seminary Model HS School, Bagribari, Dhubri, Assam
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