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

Term of Judges of High Court
The term of judges of High Court is typically 62 years.

Explanation
- The retirement age for judges of High Court is usually 62 years.
- This age limit ensures that judges have a reasonable amount of experience and maturity before they retire.
- The retirement age may vary slightly in different countries or regions, but 62 years is a common age limit for judges of High Court.
- This age limit also allows for a regular turnover of judges, ensuring that new talent and fresh perspectives are constantly being brought into the judiciary.
- It is important for judges to retire at a certain age to maintain the efficiency and effectiveness of the judicial system.
- Overall, the term of judges of High Court being 62 years strikes a balance between experience and the need for new blood in the judiciary.

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.

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.

Indian Judicial System Features:

1. Independent Judiciary:
The Indian judicial system is characterized by an independent judiciary, which is a crucial feature of any democratic nation. The independence of the judiciary ensures that it can make decisions without any interference from the executive or legislative branches of the government. This separation of powers is essential for upholding the rule of law and protecting the fundamental rights of citizens. The independence of the judiciary is guaranteed by the Constitution of India, which provides for the appointment, tenure, and removal of judges.

Key points:
- Independent judiciary ensures impartiality and fairness in the administration of justice.
- Judges are appointed through a transparent process and have security of tenure.
- The judiciary is separate from the executive and legislative branches of the government.

2. Integrated Judiciary:
Another significant feature of the Indian judicial system is its integration, which means that it is a single, unified system that operates at various levels. The Supreme Court is the highest judicial authority in the country and has jurisdiction over both civil and criminal matters. Below the Supreme Court, there are High Courts in each state that handle appeals and other cases from lower courts within their jurisdiction. At the lowest level, there are District Courts, which are presided over by District Judges and handle cases at the district level.

Key points:
- The Indian judicial system has a hierarchical structure with the Supreme Court at the top.
- High Courts and District Courts are part of the integrated judiciary, ensuring uniformity and consistency in the interpretation and application of laws.
- The integrated system allows for the efficient administration of justice and the resolution of disputes at different levels.

Conclusion:
The Indian judicial system is characterized by both an independent and integrated judiciary. The independent judiciary ensures the separation of powers and the protection of citizens' rights, while the integrated judiciary ensures the efficient administration of justice at various levels. These features are essential for upholding the rule of law and ensuring justice for all.

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.

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.

First-regular adjudicatory mobile court in Haryana
The first-regular adjudicatory mobile court in the country has been inaugurated at Punhana village in Haryana.

Significance of the mobile court
- The mobile court aims to provide justice at the doorstep of the people in rural areas.
- It will help in resolving legal disputes quickly and efficiently, without the need for the villagers to travel long distances to access the court.

Location of the mobile court
- The mobile court has been set up in Punhana village in Haryana.

Importance of the initiative
- This initiative is significant as it will increase access to justice for the rural population.
- It will help in reducing the backlog of cases and ensuring timely resolution of legal disputes.
- The mobile court will also bring the legal system closer to the people, making it more accessible and transparent.

Conclusion
The inauguration of the first-regular adjudicatory mobile court in Haryana is a positive step towards improving access to justice for rural communities. It is hoped that this initiative will set a precedent for similar mobile courts to be established in other parts of the country, ensuring that justice is delivered swiftly and efficiently to all sections of society.

Types of Writs Issued by the Supreme Court
The Supreme Court of India has the power to issue five types of writs under Article 32 of the Constitution. These writs are important tools for protecting fundamental rights. The five types are:

• Habeas Corpus: This writ is issued to secure the release of a person unlawfully detained. It ensures that no individual is held without sufficient cause.
• Mandamus: This writ commands a public authority to perform a specific duty that it is obligated to perform under law. It is often used to compel action.
• Prohibition: This writ is issued to prevent a lower court or tribunal from exceeding its jurisdiction or acting contrary to the law. It acts as a safeguard against potential injustices.
• Certiorari: This writ is issued to quash the order of a lower court or authority. It ensures that the higher court reviews the proceedings of a lower body to ensure legality.
• Quo Warranto: This writ is used to question the authority of a person holding a public office. It serves to protect the legal rights of the public against unlawful appointments.

Conclusion
Understanding these writs is crucial as they play a vital role in upholding the rule of law and protecting individual rights in India. The Supreme Court, through these writs, acts as a guardian of the Constitution, ensuring that justice prevails. Each writ serves a unique function, contributing to the overall framework of legal remedies available to individuals against state actions.

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.

The Supreme Court of India is situated in New Delhi.

The Supreme Court of India is the highest judicial body in the country and is located in the capital city of New Delhi. It was established on January 28, 1950, and is the final court of appeal and the highest constitutional court in India. The Supreme Court consists of the Chief Justice of India and a maximum of 34 judges.

Reasons for locating in New Delhi:
1. Central Location: New Delhi is the capital city of India and is considered a central location for the functioning of the Supreme Court. Being situated in the capital allows for easy access to all parts of the country, facilitating the court's role in delivering justice to citizens from all states.

2. Proximity to Government Institutions: New Delhi is home to various government institutions, including the Parliament of India and the President's residence (Rashtrapati Bhavan). Locating the Supreme Court in close proximity to these institutions ensures effective coordination and interaction among the different branches of government.

3. Historical Significance: The Supreme Court of India was established under the Constitution of India, which came into effect on January 26, 1950. New Delhi was chosen as the location for the Supreme Court as it holds historical significance as the capital city and the seat of power.

4. Availability of Infrastructure: New Delhi offers a well-developed infrastructure with adequate facilities to support the functioning of the Supreme Court. This includes modern courtrooms, administrative offices, and accommodation for judges and court staff.

5. Accessibility: New Delhi is well-connected by air, rail, and road networks, making it easily accessible for litigants, lawyers, and judges from different parts of the country. This ensures that the Supreme Court remains accessible to all citizens seeking justice.

In conclusion, the Supreme Court of India is situated in New Delhi due to its central location, proximity to government institutions, historical significance, availability of infrastructure, and accessibility. This location ensures the effective functioning of the highest judicial body in the country and allows for easy access to justice for citizens across India.

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.

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:
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.

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.