The Judiciary
(Longman Pearson)
I. Fill in the blanks.
1. It is the responsibility of the Judiciary to interpret the laws which are enacted by the legislature.
2. On 28th January, 1950 the Supreme Court of India was inaugurated.
3. President appoints the judge of the Supreme Court on the advice of the Chief Justice and the Council of Ministers.
4. The Supreme Court is the guardian of our Constitution.
5. High Court is the highest judicial authority in a state.
II. Answer these questions.
1. How many judges can be there in the Supreme Court?
= There can be 29 sitting judges, including the Chief Justice of India.
2. Who appoints the Chief Justice of India?
= The President appoints the Chief Justice of India.
3. How long do judges stay in office? Can they be removed before their tenure is over? If yes, explain how.
= The judges hold the office till 65 years of age.
He can be removed on grounds of proven misbehaviour by the process of impeachment. Only the President can remove a judge of the Supreme Court before his/her tenure is over. Moreover, two-third majority vote in both the houses of the Parliament is needed to impeach a Supreme Court judge.
4. What is the highest civil court in a state?
= High Court is the highest civil court in a state.
5. What are the functions of nyaya panchayat?
= These courts are established in villages, try petty cases - both civil and criminal. Matters related to theft and trespassing are tried here.
6. State the functions of lok adalats.
= They have been set up to simplify the judicial process and cut down on the amount of time that is spent on completion of cases. Here the disputing parties may argue their cases directly without intervention of lawyers which makes it much less expensive. The lok adalats also reduces the work loads of other courts.
7. What is the purpose of the legal aid scheme? Who are benefitted by this scheme?
= The legal aid scheme has provided for free legal aid and services for the benefit of the poor people and weaker sections of the society.
People belonging to the scheduled castes, scheduled tribes and the backward classes are liable to avail these services. People who are mentally ill, women, children and those belonging to the low income group, too, are rendered the services of the legal aid scheme.
8. What are the different jurisdictions of the Supreme Court?
= Jurisdiction is the power that a court of law exercises to carry out judgement to interrupt law and to settle disputes. The cases that are brought directly before the Supreme Court come under original jurisdiction. This may take place under the following circumstances.
❐ Centre-state or state-state disputes: If a dispute arises between the Union Government and one or more state governments then the case is resolved by the Supreme Court. Cases related to disputes between state governments are also tried in the Supreme Court.
❐ In case an individual or the government violets the Constitution, the Supreme Court steps in as it is responsible for upholding and safeguarding the Constitution of the country. The Supreme Court also hears all cases where the fundamental rights of an individual are violated.
9. Where is the Supreme Court of India located and when was it inaugurated?
= The Supreme Court of India is located in New Delhi.
It was inaugurated on 28th January 1950 at the court house at New Delhi.
10. What qualifications are required to be a judge of the Supreme Court?
= To be eligible for holding the post of a judge in the Supreme Court, an individual must possess these qualifications:
❐ He/she must be an Indian citizen.
❐ He/she must have been an advocate of a High Court in succession for at least then years.
or
❐ He/she should be a judge of a High Court for five years continuously.
11. Define the original and appellate jurisdiction of the Supreme Court.
= The cases that are brought directly before the Supreme Court, come under Original Jurisdiction.
Under appellate jurisdiction, the Supreme Court hears the appeals against the decisions made by the state high courts.
12. What is meant by advisory jurisdiction of the Supreme Court?
= The President may request the Supreme Court to advice him/her on legal and constitutional matters. However, the President may or may not accept the advice.
13. Which is the highest judicial authority is the state? How are its judges appointed?
= Hight Court is the highest judicial authority in the state.
❐ The Chief justice of a state high court is appointed by the president on the advice of the chief Justice of India and the government of the concerned state.
❐ The President appoints the other judges on the advice of the Chief Justice of India, the Chief Justice of the state concerned and its government.
14. What is the composition of the Supreme Court? On what ground can the judges be removed?
= The Supreme Court has a Chief Justice and a number of other judges. In 2015, there were 29 sitting judges, including the Chief justice of India.
Only the president can remove a judge of the Supreme Court before his/her tenure is over. Moreover, two-third majority vote in both the houses of the Parliament is needed to impeach a Supreme Court judge.
15. State the qualifications required to be a judge of a high court.
= To be eligible for holding the post of a judge in a high court, an individual must possess these qualifications.
❐ He/she must have India citizenship.
❐ He/she must have had experience in the judicial office for at least ten years.
❐ He/she must have been an advocate of a high court or of two or more such courts for at least ten years.
16. Why is the Supreme Court is also called the Court of record?
= The Supreme Court is regarded as a court of records. It records all the proceeding of the cases handled by the judges of the court. The judgement passed are also recorded for future reference.
III. Match the columns.
=
|
1. Supreme Court |
a. cases directly brought to the Supreme Court. [3] |
|
2. Supreme Court judges |
b. appointed by the president. [2] |
|
3. original jurisdiction |
c. the apex of the judiciary. [1] |
|
4. district court |
d. people’s court. [5] |
|
5. Lok adalat |
e. highest civil court in a district. [4] |