All questions of Unit 1 - Judiciary for Humanities/Arts Exam

Introduction:
The term "Apex court" refers to the highest court in a country or jurisdiction. It is the court of last resort, where the final appeals can be made and the highest level of justice is administered. In India, the Apex court is the Supreme Court.

Explanation:
India has a well-defined judicial system with a hierarchy of courts. The Supreme Court is the highest judicial body in the country and is often referred to as the Apex court. Here's a detailed explanation of why the Supreme Court is known as the Apex court:

1. District Court:
- The District Court is the lowest level of the judiciary in India.
- It is the primary court for civil and criminal cases at the district level.
- The District Court is not referred to as the Apex court because it is at the bottom of the judicial hierarchy.

2. High Court:
- High Courts are the intermediate courts in the Indian judicial system.
- Each state or union territory in India has its own High Court.
- High Courts have the power of superintendence over all subordinate courts within their jurisdiction.
- While High Courts have significant authority, they are not considered the Apex court because there is a higher court above them.

3. Gram Panchayat:
- Gram Panchayat refers to the village-level local self-government institution in India.
- It is responsible for the administration and development of rural areas.
- Gram Panchayats are not courts of law and do not have the jurisdiction to hear and decide legal disputes.
- Therefore, Gram Panchayat is not known as the Apex court.

4. Supreme Court:
- The Supreme Court of India is the highest court in the country.
- It is the final court of appeal and has the power of judicial review.
- The Supreme Court has the authority to interpret the Constitution and ensure the rule of law.
- It hears appeals from High Courts and other subordinate courts.
- Due to its highest position in the judicial hierarchy, the Supreme Court is known as the Apex court.

Conclusion:
Among the given options, the Supreme Court is the only one referred to as the Apex court. It is the highest judicial body in India and holds significant authority in interpreting and enforcing the law. The District Court, High Court, and Gram Panchayat do not have the same level of authority and are not considered the Apex court.

CAT stands for Central Administrative Tribunal. It is a quasi-judicial body established by the Government of India to deal with disputes related to the recruitment and service conditions of employees in the Central Government and its affiliated organizations.

The CAT was set up in 1985 under the provisions of the Administrative Tribunals Act, 1985. It has jurisdiction over all matters related to the service conditions of employees of the Central Government, including recruitment, promotion, transfer, disciplinary action, and retirement.

The CAT is headed by a Chairperson and has benches located in various cities across India. The tribunal is empowered to hear appeals and petitions filed by aggrieved employees against the decisions of their respective departments.

The CAT has the same powers as a civil court, including the power to summon witnesses, require production of documents, and issue orders. Its decisions are final and binding, and can be challenged only in the Supreme Court of India.

In conclusion, the Central Administrative Tribunal (CAT) is a quasi-judicial body established by the Government of India to deal with disputes related to the recruitment and service conditions of employees in the Central Government and its affiliated organizations. Its decisions are final and binding and can be challenged only in the Supreme Court of India.

Authority to Remove the Vice President

The authority to remove the Vice President from his office before the expiry of his term lies with the Rajya Sabha.

Explanation

- The Vice President can be removed from office by a resolution passed by the Rajya Sabha by an absolute majority (majority of the total membership of the House).
- The resolution for the removal of the Vice President can only be moved after giving at least 14 days' notice.
- The grounds for removal may include violation of the Constitution or gross misconduct.
- The process of removal is similar to that of the impeachment of the President, but it is initiated in the Rajya Sabha instead of the Lok Sabha.
- The Vice President can also resign from his office by submitting his resignation to the President of India.
- In case of the Vice President's removal, the Chairman of the Rajya Sabha (Vice President) ceases to hold office and the Deputy Chairman acts as the Chairman until a new Vice President is elected.
- The removal of the Vice President is a serious and rare occurrence, as it requires a significant majority in the Rajya Sabha, reflecting the gravity of the decision.

In conclusion, the authority to remove the Vice President from office before the expiry of his term rests with the Rajya Sabha, highlighting the importance of accountability and adherence to constitutional norms in the functioning of the executive branch of the Indian government.

Explanation:

Court of Record:
- A court of record is a judicial body whose proceedings are recorded and preserved for historical and evidentiary purposes.

Implications of being a court of record:
- Punishment for contempt: One of the implications of being a court of record is that it has the power to punish for contempt. This means that the court has the authority to penalize individuals who engage in disrespectful behavior or obstruct the administration of justice.

- Decisions as evidence: Another implication is that the decisions of a court of record are admitted as evidence and cannot be questioned in any court of law. This means that the judgments rendered by the Supreme Court are considered final and binding, and cannot be challenged in other legal proceedings.

- Record keeping: While it is true that a court of record must keep a record of all important cases conducted in its jurisdiction, this does not necessarily apply to the Supreme Court. The Supreme Court of India does maintain a record of its cases, but this is not a defining characteristic of being a court of record.

- Binding decisions: The decisions of a court of record, including the Supreme Court, are indeed binding upon it. Once the Supreme Court has issued a judgment, it is expected to adhere to that decision and apply it in future cases.

Therefore, the correct implication of the Supreme Court being a court of record is that it can punish for contempt and its decisions are admitted as evidence and cannot be questioned in any court of law.

Disapprove the earlier case
In the legal context, when a court finds a material difference between the facts of the current case and the facts of an earlier case that established a precedent, the court has the option to disapprove the earlier case. This means that the court does not overrule or reverse the precedent, but simply states that the facts of the current case are different enough to warrant a different decision.

Explanation
Disapproving an earlier case is a way for the court to acknowledge the existence of the precedent but distinguish it from the current situation. This allows the court to apply the law in a way that is consistent with the facts of the case at hand, while still respecting the principle of stare decisis, which is the legal principle of determining points in litigation according to precedent.

Effect
By disapproving an earlier case, the court signals that the precedent remains valid in general, but that it does not apply to the specific circumstances of the current case. This approach allows the court to maintain consistency in the application of the law while also recognizing the unique facts and nuances of each individual case.

Conclusion
In summary, when a court finds a material difference between the facts of the current case and an earlier case that established a precedent, the court may choose to disapprove the earlier case. This decision allows the court to navigate between respecting precedent and ensuring that the law is applied appropriately to the specific circumstances of each case.

Consolidated Fund of India
The salaries of Supreme Court judges are drawn from the Consolidated Fund of India. Here is some information about this fund:

What is the Consolidated Fund of India?
- The Consolidated Fund of India is the most significant of all government accounts in India.
- It is a fund established under Article 266(1) of the Indian Constitution.
- All revenues received by the government, loans raised by the issue of treasury bills, and money received in repayment of loans form part of this fund.

Salaries of Supreme Court Judges
- The salaries and allowances of Supreme Court judges are charged on the Consolidated Fund of India.
- This means that the money required to pay the salaries and allowances to the judges is directly allocated from this fund.

Importance of the Consolidated Fund of India
- The fund ensures that the salaries of Supreme Court judges, among other essential expenses of the government, are covered.
- It helps in maintaining the independence of the judiciary by providing financial security to the judges.
In conclusion, the Consolidated Fund of India is the source from which the salaries of Supreme Court judges are drawn. This fund plays a crucial role in ensuring the financial stability and independence of the judiciary in India.

The Establishment of Supreme Court of India

The Supreme Court of India is the highest judicial body in the country and it was established on January 28, 1950. It is located in New Delhi and is composed of a Chief Justice and 30 judges who are appointed by the President of India.

Constitutional Provisions for the Establishment of Supreme Court

The establishment of the Supreme Court of India was provided for under the Constitution of India, which was adopted by the Constituent Assembly on November 26, 1949, and came into effect on January 26, 1950. The Constitution provides for the establishment of a Supreme Court as the highest court of appeal in the country, with the power to hear and decide appeals from all other courts in India.

Functions of Supreme Court

The Supreme Court has the power of judicial review and can declare any law passed by the Parliament or State Legislatures as unconstitutional. It also has the power to issue writs to enforce fundamental rights guaranteed by the Constitution and to hear and decide disputes between the Union Government and State Governments or between different States.

Conclusion

The establishment of the Supreme Court of India was a significant milestone in the history of the country, as it ensured the independence of the judiciary and provided a mechanism for the resolution of disputes in a fair and impartial manner. The Supreme Court has played a crucial role in protecting the rights of citizens and upholding the rule of law in India.

District courts, also known as lower courts, play a vital role in the judicial system of many countries. These courts, typically found at the local level, are responsible for handling a wide range of cases that fall within their jurisdiction. Let's delve deeper into the significance and functions of district courts.

Definition and Structure:
District courts are the trial courts of general jurisdiction, meaning they have the authority to hear and decide on a variety of civil and criminal cases. They are usually the first level of courts where legal disputes are heard and resolved. In many countries, district courts exist at the district or county level, with multiple district courts spread across the country.

Functions and Responsibilities:
1. Trial Court: District courts primarily function as trial courts, where cases are heard and decided by judges or juries. They handle a broad range of cases, including civil disputes such as contract breaches, personal injury claims, and property disputes, as well as criminal cases ranging from minor offenses to serious crimes.

2. Legal Proceedings: District courts are responsible for overseeing legal proceedings, which involve various stages such as filing complaints, conducting pre-trial activities, taking evidence, hearing arguments from both parties, and issuing judgments or verdicts. They ensure that legal procedures are followed and that justice is served.

3. Reviewing Appeals: In some jurisdictions, district courts also have the authority to review appeals from decisions made by lower administrative or special courts. These cases involve assessing whether the previous decision was fair, legal, and based on proper interpretation of the law.

4. Administrative Functions: Apart from their judicial role, district courts also handle administrative tasks related to court operations. These include maintaining court records, managing court calendars, and facilitating the smooth functioning of court proceedings.

5. Local Relevance: District courts have a significant impact on the local community as they address legal disputes within their jurisdiction. By providing accessible and timely justice, district courts contribute to maintaining law and order, resolving conflicts, and upholding the rule of law at the grassroots level.

In conclusion, district courts, also referred to as lower courts, are the foundation of the judicial system. They serve as the initial venues for legal disputes, play a pivotal role in the administration of justice, and ensure that individuals can seek redress for their grievances. Through their functions, district courts contribute to upholding the principles of fairness, equality, and access to justice.

Introduction:
A high court is a superior court in the judicial hierarchy of a particular state or union territory in India. It functions at the state level and is responsible for the administration of justice within its jurisdiction. In this response, we will explain why the correct answer is option 'B' - State.

Explanation:
1. Hierarchy of Courts in India:
In India, the judicial system is organized in a hierarchical manner. At the lowest level, there are district courts which have jurisdiction over a specific district. Above district courts, there are high courts functioning at the state level. Finally, at the apex of the judicial system, there is the Supreme Court of India, which is the highest court in the country.

2. Jurisdiction of High Courts:
High courts have jurisdiction over a specific state or union territory. Each state has its own high court, while some union territories share a common high court. For example, the Delhi High Court has jurisdiction over the National Capital Territory of Delhi, and the Bombay High Court has jurisdiction over the state of Maharashtra and the union territories of Dadra and Nagar Haveli, and Daman and Diu.

3. Functions of High Courts:
High courts have both original and appellate jurisdiction. They exercise original jurisdiction in cases involving constitutional matters, disputes between the state and central government, and cases referred to them by subordinate courts. High courts also serve as appellate courts, hearing appeals against the decisions of district courts and other subordinate courts within their jurisdiction.

4. Role in Judicial Administration:
High courts play a crucial role in the administration of justice at the state level. They have the power to issue writs, orders, and directions to enforce the fundamental rights of individuals. High courts also have the authority to monitor the functioning of subordinate courts, ensuring that justice is administered efficiently and effectively.

Conclusion:
In conclusion, a high court functions at the state level in India. It is a superior court with both original and appellate jurisdiction. High courts play a vital role in the administration of justice and are responsible for upholding the rule of law within their respective states or union territories.

Introduction:
The Advocate General is a constitutional authority appointed in India to provide legal advice and assistance to the state government. The appointment of the Advocate General is governed by the Constitution of India.

Explanation:
The correct answer is option 'D' - Article 165 of the Constitution of India. Let's discuss in detail why this is the correct answer.

Article 165 of the Constitution of India:
- Article 165 of the Constitution of India deals with the appointment of the Advocate General for each state.
- According to this article, the Governor of the state appoints an Advocate General to represent the state government in legal matters.
- The Advocate General holds office during the pleasure of the Governor.

Role and Functions of the Advocate General:
- The Advocate General performs various important functions, such as:
- Providing legal advice to the state government on matters of law and constitution.
- Representing the state government in the High Court and other courts in the state.
- Defending the interests of the state government in legal proceedings.
- Assisting and advising the state government in drafting legal documents, bills, and ordinances.
- Performing any other legal duties assigned by the state government.
- The Advocate General acts as a legal advisor to the state government and plays a crucial role in ensuring the government's compliance with the law and constitution.

Appointment Process:
- The Advocate General is appointed by the Governor of the state.
- The Governor appoints a person who is qualified to be appointed as a Judge of the High Court.
- The Advocate General holds office during the pleasure of the Governor, which means the Governor can remove the Advocate General from office at any time.

Conclusion:
In conclusion, the Advocate General is appointed under Article 165 of the Constitution of India. This article outlines the appointment process and the role of the Advocate General in providing legal advice and representing the state government in legal matters. The Advocate General plays a crucial role in upholding the rule of law and ensuring the government's compliance with the constitution.

Hierarchy of District Judges
There are three levels of District Judges in India. The hierarchy is as follows:

1. District Judge (DJ) - The District Judge is the highest judicial authority in a district. He or she is appointed by the state government in consultation with the High Court.

2. Additional District Judge (ADJ) - The Additional District Judge is the second highest judicial authority in a district. He or she is appointed by the state government in consultation with the High Court.

3. Civil Judge (CJ) - The Civil Judge is the lowest judicial authority in a district. He or she is appointed by the state government in consultation with the High Court.

Correct Answer: (a) 2, 3, 1

Explanation:
The correct hierarchy of District Judges is 2, 3, 1, which means that the Additional District Judge (ADJ) is ranked higher than the Civil Judge (CJ) and the District Judge (DJ) is ranked highest. This is because the ADJ has more experience and expertise than the CJ, and the DJ has even more experience and expertise than the ADJ. Therefore, the DJ is the highest judicial authority in a district.

Option (a) is the correct answer because it correctly lists the hierarchy of District Judges in the correct order: ADJ, CJ, DJ. Option (b) is incorrect because it lists the hierarchy in the reverse order, and options (c) and (d) are incorrect because they list the hierarchy in a different order.