Important Questions & Answers: Judiciary- Constitutional, Civil & Criminal Courts & Processes | Legal Studies for Class 11 - Humanities/Arts PDF Download

Q.1. What do you understand by the "Supreme Court is the guardian of the Fundamental Rights"?

Protection of the fundamental rights lies neither in the hand of the legislature nor the executive. This right has been assigned by the Constitution to the Supreme Court. Supreme Court has the power to declare any law null or void if it found to violate the fundamental rights. The Court also has the power to protect the rights from being abused by the executive.

Q.2. Name the three types of jurisdiction of the Supreme Court.

The three types of jurisdiction of the Supreme Court are:
(i) Original
(ii) Appellate
(iii) Advisory

Q.3. What is meant by 'Appellate Jurisdiction'? Name two types of cases in which an appeal shall lie to the Supreme Court.

The power of the higher court to review the decision or change the result of the decisions made by the lower courts is called appellate jurisdiction. The Supreme Court in India is the highest court of order in the country. It can hear appeals in cases like civil cases and criminal cases.

Q.4. Who administers the Oath of office to the High Court Judges?

The Governor of the State administers the Oath of office to the High Court Judges.

Q.5. Chief Justice of the High Court.

Court of the District Judge.

Q.6. What is the meaning of the term appellate power?

The Appellate power or appellate jurisdiction of the court is the power to hear appeals against the decision of lower court or tribunal and to review, amend, modify or overrule the decision given by lower Court.

Q.7. Mention two ways in which the Constitution ensures the independence of the Judges of the Supreme Court.

The Constitution ensures the independence of the Supreme Court judges by providing them security of work tenure and by prohibiting the Parliament to curtail the jurisdiction and power of the Supreme Court under Article 138. Supreme Court judges are safe and cannot be removed from their office before their tenure, except by an order of the President following the set procedure laid down in the Constitution. Also, Article 138 of the Constitution states that the Parliament may enhance the jurisdiction of the Supreme Court in civil cases but cannot water down its existing power. This measure also keeps intact the independence of the Judges of the Supreme Court.

Q.8. Mention two types of cases in which the High Court exercises Appellate Jurisdiction.

When a High Court entertains an appeal against the verdict of a lower court, it is called Appellate Jurisdiction. The High Court hears the appeals against the subordinate courts in both civil and criminal matters.

Q.9. How does the High Court protect the Fundamental Rights of individuals?

The High Court acts as the guardian of fundamental rights by declaring any law that infringes upon these rights null and void. The High Court is authorized to issue writs of habeas corpus, mandamus, and prohibition certiorari and quo warranto for the enforcement of the fundamental rights and ‘for other purposes’.

Q.10. Mention any one power of the Supreme Court which is not enjoyed by other courts.

The Supreme Court is an apex court of India. Article 124 to 147 of Indian constitution provide for the constitution, organization, jurisdiction, power etc. of the supreme court. Under Article 143, the Supreme Court has the power to give an advisory opinion to the President on the following matters:
Any question of law or fact of public importance;
Any dispute arising out of any pre constitution treaty, agreement, covenant etc.

Q.11. Mention two types of subordinate courts.

Every High Court has different types of subordinate courts functioning under it. Two such types of subordinate courts are:
(i) Civil courts: The court of the district judges is the topmost civil court within a district. It employs both judicial and administrative powers.
(ii) Criminal Courts: In every district, there are civil courts and criminal courts. Under criminal courts, there are courts of the Additional Sessions Judges, District and Sessions Judge, Assistant Sessions Judge and the courts of the first class magistrates. The District and Sessions judge may issue any legal sentence but a death sentence is subject to approval by the High Court.

Q.12. What is meant by the Revisory Jurisdiction of the Supreme Court?

Article 137 of the Constitution empowers the Supreme Court to review its own order or judgment with the intention to remove any error that might have unwittingly crept into it. This implies that the orders and judgments of the Supreme Court are binding on the entire judiciary system except for the Supreme Court itself. The Supreme Court holds the power to revise it. This is the Revisory Jurisdiction of the Supreme Court.

Q.13. How are the District Judges appointed?

Appointment and promotion of district judges in any state shall be made by the Governor of the state in consultation with the high court exercising jurisdiction in relation to such state.

Q.14. With reference to the powers and functions of the High Court, explain briefly the meaning and the scope of the following:
(i) Original Jurisdiction.
(ii) Appellate Jurisdiction.
(iii) Revisory Jurisdiction.

(i) Original Jurisdiction
The Original Jurisdiction of High Courts concerns the matters that can be brought straight to the High Court. Under the Code of Civil Procedure, a High Court can deal with all civil suits unless prevented by some act or law.

(ii) Appellate Jurisdiction
When a High Court entertains an appeal against the verdict of a lower court, it is called Appellate Jurisdiction.

(iii) Revisory Jurisdiction
The High Court has Revisory Jurisdiction, which means it can review the verdict of the subordinate court for cases where it finds that the latter has exceeded its limit of jurisdiction or not followed the appropriate procedure. In such cases, the High Court takes further action to rectify the systemic discrepancy.

Q.15. Explain the power and functions of the Supreme Court.

The Supreme Court is the Apex court of India. The judges of Supreme court are appointed by the President in consultation with such other judges of the supreme court and high court. The Supreme Court is primarily a court of appeal though it hears cases in the original jurisdiction. It is the last resort in case of appeals. It is the guarantor and guardian of Fundamental Rights and exercises the power of judicial review to check the actions of legislative and administrative authority. It has the power of giving an advisory opinion to the President in certain matters. It hears interstates disputes and disputes between center and states. It issues writs for the enforcement of fundamental rights and hears PIL (Public Interest Legislation).

Q.16. What is meant by the term, 'Jurisdiction'?

Jurisdiction can be defined as the limit of judicial authority or the extent to which a court of law can exercise its authority over suits, cases, appeals etc.

Q.17. Mention two circumstances under which an appeal in a criminal case lies to the Supreme Court.

Two circumstances under which an appeal in a criminal case lies to the Supreme Court are:
(i) If the High Court justifies that the case is fit one for appeal to the Supreme Court
(ii) If a person convicted on a trial held by High Court in it's extraordinary original criminal jurisdiction can also appeal to the Supreme Court.

Q.18. What is done under PIL?

Under Public Interest Litigation(PIL) any citizen or group citizens can approach the Supreme Court or a High Court for the protection of public interest against a particular law or action of the government.

Q.19. Who administers the oath of office to the Governor?

Chief Justice of the High Court.

Q.20. Match the locations of High Courts.

Q.21. Give two examples of subordinate courts.

In India, the Apex Court is the Supreme Court of India. In states, the apex court is High Courts which are subordinate to Supreme Courts and there are various subordinate courts below the High Court in State Judiciary. They Function below and under the High Court. E.g., Civil and Criminal Court, District and Session Judge's Court and Chief Judicial Magistrate's Court.

Q.22. What qualifications are required to be a Judge of the Supreme Court?

A person can be appointed as a judge of the Supreme Court only he/she is a citizen of India. In addition, he/ she is required to fulfil one of the following conditions:

(i) he/she has been a Judge of as High Court or two or more than two such courts for at least five years; or

(ii) he/she has been an advocate of a High Court or of two or more than two such courts for at least ten years; or

(iii) he/she is an eminent jurist in the opinion of the President.

Q.23. By whom is the Chief Justice of a High Court appointed and how is it done?

The Chief Justice of the High Court heads the apex judicial institution of the state, the High Court. He is appointed by the President in consultation with the Chief Justice and other senior judges of the Supreme Court. These group of judges constitute the Collegium of the Court. Since the ruling of the Constitutional Bench of Supreme Court (handed down in 1993 and reinforced in 1999), the power of selection of judges has passed on to the Collegium of the Court. Their decision is virtually binding on the President, who ultimately makes the formal appointment of the Chief Justice of High Court and other judges.

Q.24. What is the Advisory role of the Supreme Court?

The Supreme Court also acts in the advisory role. It has jurisdiction to offer an opinion on any issue of law or matter of public importance as may be referred to it for consideration by the President.

Q.25. Name two High Courts of India whose jurisdiction extends to more than two states.

The High Court is the highest judicial body in a State. Article 214 of the Constitution provides that there shall be a High Court for each State. The constitution does not attempt detailed definitions or classification of the different types of juris­diction of the High Courts. The High Courts of Mumbai and Guwahati have jurisdictions over more than two states. The Guwahati High Court extends its jurisdiction to states of Assam, Arunachal Pradesh, Nagaland, and Mizoram. The Mumbai High Court extends its jurisdiction to Maharashtra, Goa, Dadra and Nagar Haveli, Daman and Diu.

Q.26. What is meant by the term Original Jurisdiction? Mention two types of cases in which the Supreme Court exercises Original Jurisdiction.

The Supreme Court has original, advisory and appellate jurisdiction. Its exclusive original jurisdiction extends to disputes between the governments at the center level and state level. The
Supreme Court has original jurisdiction in the following types of cases:-
(i) Dispute between the Government of India and one or more States; or
(ii) Dispute between the Government of India and any State or States on one side and one or more other States on the other; or
(iii) Dispute between two or more States.
A suit filed in such disputes is registered as an Original Suit. Moreover, Article 32 gives to the Supreme Court an extensive original jurisdiction in regard to enforcement of Fundamental Rights.

Q.27. What is meant by Revisory Jurisdiction of the High Courts?

The High Court has Revisory Jurisdiction, which means it can review the verdict of the subordinate court for cases where it finds that the latter has exceeded its limit of juridisction or not followed the appropriate procedure. In such cases, the High Court takes further action to rectify the systemic discrepancy.

Q.28. Who is the highest Judicial Official at the district level for civil and criminal cases?

The District Courts of India administer justice in India at a district level. They are presided over by a judge. They are under administrative and judicial control of the High Court of the State. Civil cases are handled by district judges. Criminal cases are handled by sessions judges.

Q.29. What is writ?

It is a formal document containing an order of the court to the government issued only by High Court or the Supreme Court.

Q.30. What is the 'Appellate Jurisdiction' of the High Court?

Appellate jurisdiction of the High Court means that the High Court has the power to accept appeals against the decisions of District Courts, in civil as well as criminal matters.