The Judiciary

Fill in the blanks

Question 1

In India we have a single integrated system of courts with the Supreme Court at the apex.

Question 2

The Supreme Court has three types of jurisdiction, namely, Original, Appellate and Advisory.

Question 3

The Supreme Court is the guardian and protector of Fundamental rights.

Question 4

Delhi is the only Union Territory which has a High Court.

Question 5

The judges of the High Court retire at the age of 62.

Answer the following questions

Question 1

What is meant by a single integrated judiciary?

Answer

In India, we have a single integrated system of courts with the Supreme Court at the top. This means that there are no separate sets of laws and a single civil and criminal procedure operates throughout the country.

Question 2

State the qualifications required to become a judge of the Supreme court.

Answer

A person to be a judge of the Supreme Court must have the following qualifications:

1. Must be a citizen of India.
2. Must have been a judge of High Court for at least 5 years.
3. Must be an advocate of a High Court for not less than 10 years.
4. Must be an eminent jurist in the opinion of the President.

Question 3

How is the Supreme Court the guardian and protector of Fundamental Rights

Answer

Any citizen whose rights are violated can move to the Supreme Court for the enforcement of the rights. The Supreme Court has the power to enforce the Fundamental Rights by issuing orders or writs. It is for this reason that the Supreme Court is called the guardian and protector of Fundamental Rights.

Question 4

Describe the powers and jurisdiction of the Supreme Court.

Answer

The powers and jurisdiction of the Supreme Court are as follows:

1. Original Jurisdiction — Original jurisdiction means the power to hear a dispute in the first instance. There are certain cases on which only the Supreme Court has the authority to decide and has Jurisdiction. These include:
   1. Disputes between Government of India and one or more States.
   2. Disputes between two or more States.
   3. Cases of violation of the Constitution by the government.
   4. Violation of fundamental rights of citizens.
2. Appellate Jurisdiction — It means the power to grant special leave to appeal against the judgement delivered by any court in the country. The Supreme Court is the final court of appeal.
3. Advisory Jurisdiction — The President may obtain the opinion of the Supreme Court on a question of law or fact which is of public importance.
4. Revisory Jurisdiction — Supreme Court has the power to review any judgement or order made by it with a view to removing any mistake or error that might have crept in the judgement.
5. Judicial Review — The Supreme Court is the interpreter of the Constitution and its decision is final. It has the power to review laws passed by the Union or State legislatures.

Question 5

Who appoints the judges of a High Court?

Answer

The Chief Justice and other judges of the High Court are appointed by the President in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned State.

Question 6

What are the essential qualifications to become a judge of the High Court?

Answer

The essential qualifications to become a judge of the High Court are:

1. He should be a citizen of India.
2. He should have held a judicial office in the country for at least 10 years.
3. He should have been an advocate of a High Court for at least 10 years.

Question 7

Discuss the jurisdiction and powers of the High Court.

Answer

The jurisdiction and powers of the High Court are as follows:

1. Original Jurisdiction — A High Court has the authority to hear and decide cases in the first instance. Original Jurisdiction extends to following cases:
   1. Cases regarding wills, divorce, marriage, Contempt of Court, etc.
   2. It has the power to interpret the Constitution. This is known as the power of Judicial Review.
   3. It has the power to enforce the fundamental rights by using writs.
2. Appellate Jurisdiction — Its Appellate Jurisdiction extends to both civil and criminal cases as:
   1. Appeals against the judgement of a Sessions Judge, an Additional Sessions Judge, Assistant Sessions Judge, the Chief Metropolitan Magistrate or Judicial Magistrate.
   2. A sentence of death must be confirmed by the High Court before it is carried out. Besides, it also hears appeals regarding land revenue.

Question 8

Write short notes on:

(a) Appellate Jurisdiction.

(b) Original Jurisdiction.

(c) Advisory Jurisdiction.

Answer

(a) Appellate Jurisdiction — It means the powers to grant special leave to appeal against the judgement delivered by any court in the country. Under this jurisdiction, a court may change the decision or reduce the sentence passed by the lower courts. The Supreme Court is the final court of appeal. The appellate jurisdiction of a High Court extends to both civil and criminal cases.

(b) Original Jurisdiction — Original Jurisdiction means the power to hear a dispute in the first instance. The Original Jurisdiction of the Supreme Court includes:

1. Disputes between Government of India and one or more States.
2. Disputes between two or more States.
3. Cases of violation of the Constitution by the government.
4. Violation of fundamental rights of citizens.

The Original Jurisdiction of the High Court extends to following cases:

1. Cases regarding wills, divorce, marriage, Contempt of Court, etc.
2. It has the power to interpret the Constitution. This is known as the power of Judicial Review.
3. It has the power to enforce the fundamental rights by using writs. cases regarding wills, divorce, marriage and Contempt of Court. It has the Power to interpret the Constitution.

(c) Advisory Jurisdiction — The President may obtain the opinion of the Supreme Court on a question of law or fact which is of public importance. The opinion is however, only advisory, which the President is free to follow or not to follow. High Court can advice any government department, legislature or the Governor, if they seek it, on matters of law.

Picture Study

Question 1

Study the picture and answer the following questions:

(a) Identify the building in the picture. Where is it located?

(b) Name the judicial institute that works from this building. What is its position in the judicial system in India?

(c) State its power of Judicial Review.

Answer

(a) The building in the picture is the Supreme Court of India. It is located in Delhi.

(b) The judicial institute that works from this building is the Supreme Court of India. The Supreme Court is the apex court of the Indian judiciary i.e., at the top of judicial system.

(c) The Supreme Court is the interpreter of the Constitution and its decision is final. It has the power to review laws passed by the Union or State legislatures. It can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the Constitution. This power is referred to as the power of judicial review.