Short Questions with Answers - Judiciary Humanities/Arts Notes | EduRev

Political Science Class 11

Humanities/Arts : Short Questions with Answers - Judiciary Humanities/Arts Notes | EduRev

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Q. 1. Which is the apex Court in India?
Ans.
The Supreme Court.

Q. 2. Where is the Supreme Court situated?
Ans.
The Supreme Court is situated at New Delhi.

Q. 3. Who was the first woman judge of the Supreme Court?
Ans.
Ms. Meera Sahib Fatima Bibi was the first woman judge of the Supreme Court.

Q. 4. Can the cases of Fundamental Rights be directly taken to the Supreme Court?
Ans.
Yes, the Supreme Court has original jurisdiction regarding Fundamental Rights.

Q. 5. What is Judicial Review?
Ans.
It means that the court is the guardian of the Constitution and it can declare any law or executive order to be unconstitutional if it is violative of the constitutional provisions.

Q. 6. Can any judge of the Supreme Court do legal practice after his retirement?
Ans.
No, the Judge of the Supreme Court can not do legal practice after his retirement.

Q. 7. What is Judiciary?
Ans.
Judiciary is the third organ of the government. Without Judiciary, there can be no State worth the names. Its function is to do justice. The Judiciary decides disputes between the citizens and between state and citizen. The Judiciary has the duty to punish all those people who break the law.

Q. 7. Which method do you think is the best for the appointment of Judges?
Ans. 
Among the various methods of appointment of judges, appointment by the executive is the most common and most satisfactory method for the choice of the judges. It prevails in Great Britain dominions as well as the federal government of the U.S.A., some states of the U.S.A. and in India also. Though political considerations play a part in making the selection, once appointed, the judges are independent and are not under the influence of the executive. This method makes way for the independence of the judiciary.

Q. 9. Explain two functions of Judiciary.
And. 
(a) Decision of Disputes. The main function of the judiciary is to decide disputes of the citizens. It decides all those cases which are brought before it. The cases which come before the judges are normally of two kinds — civil and criminal.
(b) Interpretation of Laws. The judiciary interprets the laws and interpretation given by the judiciary is final.

Q. 10. What is the meaning of Independence of Judiciary?
Ans.
Independence of Judiciary means that it should be efficient, honest and not under the control of executive or the legislature. The judges should be free to decide cases according to law in a bold and fearless manner. He should be granted independence of judicial tenure so that he should be able to administer justice with impartiality and according to the law.

Q. 11. Mention any two factors for the independence of judiciary.
Ans.
(a) Appointment of Judges.
Appointment of judges should be on merit basis.
(b) Separation from the Executive. The judiciary should be kept free from the influence of the executive.

Q. 11. What are the qualifications of the Judge of Supreme Court?
Ans.
A candidate for appointment as judge of the Supreme Court must fulfil the following qualifications:
(a) He must be a citizen of India.
(b) He must have been a judge of the High Court for five years.
(c) He must have been an advocate of one or more High Courts for ten years.
(d) If in the opinion of the President, he is a distinguished jurist.

Q. 13. Mention four functions of the Supreme Court of India.
Ans.
(a) The Supreme Court decides election disputes of the President and Vice-President. (b) The Supreme Court exercises advisory functions.
(c) The Supreme Court is the court of record.
(d) The Supreme Court has original and appellate jurisdiction.

Q. 14. What are the advisory powers to the Supreme Court?
Ans.
Article 143 provides that if any time it appears to the President that a question of law or fact has arisen or is likely to arise which is of public importances,  he may refer the question to the Supreme Court for consideration and opinion. The opinion of the Supreme Court is not binding on the President.

Q. 15. Enumerate the miscellaneous powers of the Supreme Court.
Ans.
(a) The Supreme Court has the power to inspect and supervise the working of the subordinate courts.
(b) Election petition of the Presidential and VicePresidential elections are filed directly in the Supreme Court.
(c) The Supreme Court has the power to hear cases relating to Income Tax Act, Custom Act, etc.

Q. 16. State the original jurisdiction of the Supreme Court.
Ans.
Cases relating to the following matters are brought directly to the Supreme Court:
(a) Disputes between the Union and one or more States regarding the division of powers or any Constitutional dispute.
(b) Disputes between States.
(c) Cases relating to the Fundamental Rights.
(d) Case involving a point of law, i.e., where interpretation of the Constitution is involved.

Q. 17. Mention the various writs which the Supreme Court can issue for the enforcement of Fundamental Rights.
Ans.
For the enforcement of Fundamental Rights, the Supreme Court can issue the following direction or order or writs:
(a) The Writ of Habeas Corpus.
(b) The Writ of Mandamus.
(c) The Writ of Quo-Warranto.
(d) The Writ of Prohibition.
(e) The Writ of Certiorari.

Q. 18. What steps have been taken to make independent Judiciary in India?
Ans.
(a) In India, method of the appointment of the judges is deviced in such a way that only able persons could become the judges.
(b) The judges of Supreme Court and High Courts are given a very good salary.
(c) The judges are kept in service for a pretty long period.
(d) Legal qualifications have been prescribed to become the judges of the Supreme Court and the High Court.
(e) Judiciary has been given vast powers in India.

Q. 19. How are the Judges of the High Court appointed?
Ans.
All the Judges of the High Court, including the Chief Justice are appointed by the President of India. While appointing the Chief Justice of High Court, the President is required to consult the Chief Justice of India and the Governor of the State. But when appointing the other judges of a High Court, the Chief Justice of India is required to consult two senior-most Judges of the Supreme Court.

Q. 20. Mention the qualifications of the Judges of the State High Court.
Ans.
(a) He must be a citizen of India.
(b) He has held a judicial office in the territory of India for at least ten years or,
(c) He has been an advocate of one or more High Courts for at least ten years.

Q. 21. Write down the Original Jurisdiction of the High Court.
Ans.
(a) Cases regarding Fundamental Rights.
(b) Cases relating to the subjects like will, contempt of Court, divorce, etc.
(c) Cases regarding the interpretation of the Constitution.

Q. 22. Describe two administrative powers of the High Court.
Ans. 
(a) High Court can make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts.
(b) The High Court can prescribe the form in which book entries and accounts shall be kept by the officers of any court.

Q. 23. Mention any two problems in the way of speedy justice.
Ans.
1. Complicated Procedure. Due to complicated procedure, justice is delayed. Complicated judicial procedure is a big problem in the way of speedy and cheap justice.
2. Justice is Expensive. In India, justice is very costly. It is very difficult for a poor man to get justice from the court. Very high fee is demanded by the lawyers and there are various other expenses which a poor man cannot afford.

Q. 24. Describe the composition of the Supreme Court.
Ans.
At the time of the commencement of the Constitution, the Supreme Court consisted of eight judges including the Chief Justice.  In 1956, the maximum number of judges was raised to eleven, including the Chief Justice. This number was again raised in 1960 to fourteen including the Chief Justice.
In April 1986, the number of Judges was increased from 17 to 25. In Dec., 2008 the number of Judges was again increased from 25 to 30. Thus, at present, Supreme Court consists of one Chief Justice and 30 other judges. Article 127 (I) makes provision for the appointment of ad hoc judges also.

Q. 25. How are the judges of Supreme Court appointed?
Ans.
The Chief Justice of India is appointed by the President in consultation with such judges of the Supreme Court and High Courts as he may deem fit.
In the appointment of other judges of the Supreme Court, the Chief Justice of India must be consulted by the President. In a landmark order on October 28, 1998, the Supreme Court observed that recommendation made by the Chief Justice of India should have the sole power to recommend appointments through consensus. Widening the scope of the consultation process, the Supreme Court said with regard to appointment of judges to the Supreme Court, the Chief Justice of India should consult a collegium of four senior most Judges of the Supreme Court and made it clear that even if two judges given an adverse opinion, the Chief Justice should not send the recommendations.

Q. 26. Mention the Jurisdiction of the Supreme Court.
Ans. 
The Supreme Court has three types of Jurisdiction.
(a) Original Jurisdiction. Original jurisdiction means cases which start in the Supreme Court and regarding which the Supreme Court has exclusive jurisdiction.
(b) Appellate Jurisdiction. The appellate jurisdiction of the Supreme Court can be divided into three main parts - Constitutional, Civil and Criminal.
(c) Advisory Jurisdiction. The Supreme Court has the power to advise the President on legal matters but advice of the Supreme Court is not binding on the President.

Q. 27. State the appellate Jurisdiction of the Supreme Court.
Ans.
The Supreme Court has appellate jurisdiction on the decision of High Courts and those of other tribunals. The Appellate jurisdiction has two aspects:
(a) Cases involving interpretation of the Constitution.
(b) Review of Judgements and decrees.
(a) Cases involving interpretation of Constitution. An appeal can be made to the Supreme Court from any judgements, decree or final order of a High Court of India whether in a civil, criminal of other proceeding, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. There are three types of Constitutional disputes as follow:
(i) Civil disputes,
(ii) Criminal disputes,
(iii) Special disputes.
(b) Review of Judgement and decrees. The Supreme Court can review its own judgement or decrees given earlier.

Q. 28. Write a short note on Supreme Court’s power of Judicial Review.
Ans. 
Supreme Court is the guardian and final interpreter of the Constitution. The Supreme Court is vested with the power of Judicial review. It is the power of the Supreme Court to declare any law null and void if that law violates the Constitution. It is the Supreme Court which by its Judicial review will decide whether a law in connection with the Fundamental Right is void or not.
The Supreme Court has the power of Judicial review where a citizen moves for the enforcement of the Fundamental Rights. Under Article 32, when the court is so moved it will have to decide whether legislation or executive action of the Union or of a state, violates a Fundamental Right and if so, it will issue directions or orders or writs, including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and Certiorari, whichever may be appropriate for the enforcement of any of the rights conferred by this part.

Q. 29. Explain four functions of the Supreme Court.
Ans.
Following are the four main functions of the Supreme Court:
(a) Original Jurisdiction. Original jurisdiction means cases which start in the Supreme Court and regarding which the Supreme Court has exclusive jurisdiction.
(b) Appellate Jurisdiction. The appellate jurisdiction of the Supreme Court can be divided into three main parts, i.e., constitutional, civil and criminal.
(c) Advisory Jurisdiction. The Supreme Court has the power to advise the President on legal matters but advice of the Supreme Court is not binding on the President.
(d) Protection of Fundamental Rights. The Supreme Court is empowered to protect the Fundamental Rights.

Q. 30. Describe the composition of the High Court.
Ans. 
There is a Chief Justice and some other judges in a High Court. Their number is not fixed.
The President decides the number from time to time.
The Chief Justice and other Judges of the High Court are appointed by the President. But in doing so, he consults the Governor of the State and Chief Justice of the Supreme Court. If the High Court has surplus work or its work has been increased temporarily, the President can appoint additional judges on ad hoc basis for a period of two years. If a judge abstains for a long time or is incapable of his work, President can appoint an acting Judge in his place.

Q. 31. What do you understand by the term Judicial Review?
Ans.
The essence of Judicial Review is the competence of a Court of law to declare the constitutionality or otherwise of a legislative enactment. Judicial Review means the power of the Courts to review the acts and other orders of the legislative and executive wings of the government and to declare them, when challenged by the affected person, null and void if they are against the provision of the Constitution. According to Dimock, “Judicial review is the examination by the Court in case actually before them, of legislative states and executives or administrative acts to determine whether or not they are prohibited by a written Constitution or are excess of power granted it.”

Q. 32. What are the weakness in Indian Judicial System?
Ans.
 (a) Jurisdiction is over-burdened with Cases. In India, Judiciary is over-burdened with cases. Number of cases are increasing day-by-day.
Thousands of cases are pending in the Supreme Court and the High Courts which are not heared for the last ten years or so. Hence, justice is delayed.
(b) Complicated Procedure. Due to complicated judicial procedure, justice is delayed. Sometime the Judge is on leave and sometime the lawyer is absent.
Many times long dates are taken simply to delay the case. Complicated judicial procedure is a big problem in the way of speedy and cheap justice.
(c) Justice is Expensive. In India, justice is very costly. It is very difficult for a poor man to get justice from the court. Very high fee is demanded by the lawyer and there are various other expenses which a poor man cannot afford.

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