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FAQs on NCERT Textbook: Judiciary - Legal Studies for Class 12 - Humanities/Arts

1. What is the role of the judiciary in a democratic country?
Ans. The judiciary plays a crucial role in a democratic country by ensuring the rule of law, protecting individual rights, and resolving disputes. It interprets the laws and ensures that they are applied fairly and impartially. The judiciary also acts as a check on the other branches of government, ensuring that they do not exceed their constitutional powers.
2. How are judges appointed in India?
Ans. In India, judges of the higher judiciary, such as the Supreme Court and High Courts, are appointed by the President of India in consultation with the Chief Justice of India and other senior judges. The process involves the formation of a collegium, which consists of the Chief Justice and a few other senior judges. The collegium recommends suitable candidates for appointment, and the President makes the final appointment.
3. What is the difference between the Supreme Court and High Courts in India?
Ans. The Supreme Court of India is the highest judicial authority in the country, while High Courts are the highest judicial authorities at the state level. The Supreme Court has jurisdiction over the entire country and deals with cases of national importance, constitutional matters, and appeals from lower courts. High Courts have jurisdiction over specific states or union territories and handle cases within their respective jurisdictions.
4. What is the importance of judicial independence?
Ans. Judicial independence is crucial for maintaining the integrity and impartiality of the judiciary. It ensures that judges can make decisions based on the law and facts of the case, free from any external influence or pressure. Judicial independence protects the rights of citizens, safeguards the rule of law, and prevents the judiciary from being controlled by the executive or legislative branches of government.
5. How can a decision of the judiciary be challenged or appealed in India?
Ans. A decision of the judiciary can be challenged or appealed in India through the process of filing an appeal. If a party is dissatisfied with a judgment or order of a lower court, they can file an appeal in a higher court. The hierarchy of courts allows for multiple levels of appeal, starting from the district courts, moving to High Courts, and finally to the Supreme Court. However, not all decisions can be appealed, and there are certain criteria and procedures that need to be followed for filing an appeal.
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