Q1. What is Judiciary?
Ans: Judiciary is the important organ of the Government which is concerned with settling the disputes and dispensation of Justice at different levels for justice. Earlier all the judicial powers used to be vested in the king under the Monarchy system but now in democratic setup Judiciary is structural as a separate organ of the Government.
Q2. Why we need Judiciary?
Ans: In any group or society, disputes are bound to occur due to different individual and group interests of the people which need to be settled up to the satisfaction of all the concerned by an independent competent and impartial body. To serve these needs, a separate organ of the Government is structural as the judiciary in modern democracies. Judiciary, besides settling the disputes, performs a number of other functions for the society.
Q3. Write three main functions of the Judiciary
Ans:
Q4. What do you mean by the independence of the judiciary?
Ans: Basically, independence of judiciary means that judiciary is allowed to work independently, impartially without undue interference of executive and legislature. Independence of Judiciary also means that the judges should be appointed on merit with definite qualifications and experience and they should enjoy long tenure. They should not be removed in an arbitrary manner. The judges should be paid good salaries and facilities. The decisions should be respected.
Q5. How the judges are appointed in India?
Ans: The judges are appointed for Supreme court and“High Court by the President of India with the consultation of the Chief Justice of India and the Chief Justice of concerned High Court (in a case of High Court Judges) The constitution of India has provided, qualification and experience for the appointment of judges.
Q6. How the judges can be removed?
Ans: It is provided in the Constitution that the judges can be removed from the office by impeachment in which the charges are levelled in one house of the Parliament and are listened and examined in next house. If the charges are proved correct, the judges stand impeached.
Q7. What do you mean by the integrated judiciary?
Ans: We in India have integrated judiciary which means that at the apex is the Supreme Court and at the bottom is the lower court (District Court). It is a Pyramid (ladder) like structure. The Supreme Court has administrative and supervisory control on lower courts and it listens to the appeal against the decisions of the lower courts.
Q8. Discuss the composition of the Supreme Court of India.
Ans: Supreme Court of India consists of 26 judges including Chief Justice, who are appointed by the President of India. To become a judge in the Supreme Court one should have experience of Judge for 5 years in the High Court or 10 years of an advocate in the Supreme Court. He should be a distinguished jurist in the eye of President.
Q9. What is original jurisdiction of Supreme Court of India?
Ans: In original jurisdiction of Supreme Court of India following cases are taken up.
Q10. What is the jurisdiction of the High Court?
Ans: Almost every state has its High Court. It stands in the middle of the judicial system. High Courts have the following jurisdiction:
Q11. What is District Court?
Ans: District Court is at the lowest level of Indian judicial system. Its judges are appointed by the Governor with the consultation of Chief Justice of High Courts. Its functions are as under:
Q12. What is the role of Indian Judiciary?
Ans:
Q13. What do you understand by Judicial activism?
Ans: The term Judicial activism refers to the working of Judiciary beyond its given area. It is said that when executive and legislature fail, the judiciary start. It is called Judicial activism. In our constitution procedure established by law is allowed under which the judiciary can examine whether a particular law is according to the provisions of the Constitution or not. But our judiciary is going beyond its limit and is commenting on every policy and political matter which is referred to as Judicial activism.
Q14. What is the Power of Judicial Activism?
Ans: The power of Judicial Review is the power of judiciary under which it can examine the constitutional validity of an order issued by the executive and legislation passed by the legislature. If the court finds it contrary to the provisions of the Constitution it can declare them as unconstitutional. On the basis of this power judicial is playing a very effective role in checking the executive and legislature but in the process, it is going beyond its jurisdiction Hence it is called as Judicial activism.
Q15. What is PIL Public Interest Litigation?
Ans:
Q16. Mention essential conditions for the independence of the judiciary.
Ans: Following are some main essential conditions for the independence of the judiciary.
Q17. How the constitution of India has ensured independent of the judiciary?
Ans: Constitution of India has ensured the independence of the judiciary by the following provisions:
Q18. How Indian Judiciary is integrated Judiciary?
Ans:
Q19. Write the composition of the Supreme Court of India.
Ans: Supreme Court of India consists of 26 judges including one Chief Justice. To became the Judge one should have following qualifications
All the judges of Supreme Court are appointed by the President of India with the consultation of Chief Justice of India.
The Judges of the Supreme Court get retirement at the age of 65 years.
Q20. Explain the Jurisdiction of the Supreme Court of India.
Ans: Supreme Court of India has the following Jurisdiction:
1. Original Jurisdiction Under this jurisdiction the Supreme Court listens to the case related to
2. Appellate Jurisdiction: Under this jurisdiction Supreme Court listen to the appeal against the decisions of the High Courts in all the civil, criminal and constitutional matters.
3. Advisory Jurisdiction: Under this jurisdiction, the Supreme Court can give its opinion to the President on any issue on which he seeks its opinion.
Q21. Write the functions of High Courts.
Ans: Almost every state has its own High Court. Its main functions are as under:
Q22. What is impeachment?
Ans:
Q23. What is Judicial Review? How does it work in India?
Ans:
Q24. What is the role of the Supreme Court in India?
Ans: Oft the basis of the power of Judicial review the Supreme Court is playing a very effective role in a different way on which we can enumerate as following
Q25. Explain the Advisory Jurisdiction of Supreme Court of India.
Ans: Besides the original and appellate jurisdiction, the Supreme Court of India possesses Advisory Jurisdiction also. Under this jurisdiction, the President of India can seek opinion on any matter which involves the interpretation of the Constitution. However, the Supreme Court of India is not bound to give its advice nor the President of India is bound to accept the advice of the Supreme Court which he has sought. The utility of this jurisdiction is twofold. Number one it gives the opportunity to government to seek the legal opinion of the Supreme Court on the matter of greater importance and consequences. Secondly in the light of the advice of Supreme Court government can make necessary changes.
Q26. What do you mean by Judicial Activism?
Ans:
The term Judicial activism is much talked about in legal, political and academic circle in India. On the basis of Judicial activism, the courts have given revolutionary decisions is different areas which have demoralised the legislature and executive who are particularly vocal infusing the concept of Judicial activism. However, it is found to be more people-friendly.
Judicial activism means working of Judiciary beyond its limit, which is permitted under the principle of procedure established by law which says
Under this jurisdiction, the Supreme Court listens to the case related to
Appellate Jurisdiction: Under this jurisdiction Supreme Court listen to the appeal against the decisions of the High Courts in all the civil, criminal and constitutional matters.
Advisory Jurisdiction: Under this jurisdiction, the Supreme Court can give its opinion to the President on any issue on which he seeks its opinion.
Q27. What are PIL(Public Interest Litigation) cases?
Ans: PIL (Public Interest Litigation) is the chief instrument through which the Judicial activism has flourished in India.
PIL are those, cases which have been filed not by the aggrieved persons or parties but by the other, spirited persons and organisations on their behalf in Larger Public interests. Supreme Court of India took up the cases about rights of Prisoners which opened the gates for others.
Many Voluntary organisations have sought judicial intervention for the protection of existing rights and interest of the poor people and for improving the conditions of the poor people, protection of the environment and may other issues in the interest of public and \yeaker sections of the society. Justice P.N. Bhagwati had played a pioneering role in. the field of PIL (Public Interest Litigation case).
Q28. What is the importance and impact of PIL Public Interest Litigation Court?
Ans:
Q29. Mention some negative impact of Judicial activism.
Ans: No doubt that Judicial activism in India is people friendly but it is certainly a violation of the principle procedure established by law because judicial activism is based on the process of law which does not prevail in India.
There is the negative side of Judicial activism which are as under:
Q30. Explain the conflict between the Judiciary and Parliament over the issue of amendment of Fundamental Rights.
Ans: Since the very implementation of the Constitution, there has been conflicting between the Parliament and Judiciary over the amendment of Fun-damental Rights. Some of the causes of this conflict are used under.
Now it is the latest position that Parliament can amend every part of the Constitution including the Fundamental Rights but cannot amend the basic structure of the constitution.
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