CBSE Textbook Solutions: Judiciary - Constitutional, Civil and Criminal Courts and Processes | Legal Studies for Class 11 - Humanities/Arts PDF Download

Based on your understanding, answer the following questions: 

Q1. Answer the following questions briefly- 
(i) What are the two grounds on which the Supreme Court can strike down a legislation aimed at amending the Constitution? 
Ans: Grounds for Striking Down Legislation Amending the Constitution
The Supreme Court can strike down legislation aimed at amending the Constitution on two grounds:

• If the procedure prescribed under Article 368 is not followed.
• If the amending Act seeks to violate one or more basic features of the Constitution.

(ii) What were the principles laid down by the Supreme Court regarding advisory jurisdiction of the Supreme Court in (i) Re Kerala Education Bill case (1958), (ii) re Special Court Bill case (1979)?
Ans: Re Kerala Education Bill Case (1958)
The Supreme Court laid down the following principles:

• The Supreme Court has discretion to refuse to express an opinion on the question submitted.
• It is for the President to decide what question should be referred to the Court.
• The advisory opinion of the Supreme Court is not binding on courts as it is not a law under Article 141.

Re Special Court Bill Case (1979)
The principles established in this case affirmed the advisory jurisdiction of the Supreme Court, emphasizing the importance of the President's discretion in referring questions and the non-binding nature of advisory opinions.

(iii) Give the Constitutional provisions regarding the appointment of a judge to the Supreme Court. 
Ans: Article 124 of the Constitution of India provides for the appointment of judges to the Supreme Court. The President appoints the Chief Justice and other judges of the Supreme Court after consultation with the Chief Justice of India and other judges as deemed necessary.

(iv) Write a short note on the Code of Civil Procedure, 1908. 
Ans: The Code of Civil Procedure, 1908, governs the procedure for civil litigation in India. It outlines the rules and regulations for the conduct of civil suits, including the jurisdiction of courts, the process of filing suits, and the conduct of trials. The Code aims to ensure justice is administered fairly and expeditiously.

(v) What is jurisdiction? Explain any two types of jurisdiction. 
Ans: Jurisdiction refers to the authority of a court to hear and decide cases. There are various types of jurisdiction, including:

• Original Jurisdiction: The power of a court to hear a case for the first time, as opposed to appellate jurisdiction.
• Appellate Jurisdiction: The authority of a court to review and revise the decision of a lower court.

Q2: Answer the following questions in detail- 
(i) Explain the appellate jurisdiction of the Supreme Court of India.
Ans: The Supreme Court of India possesses appellate jurisdiction, which allows it to hear appeals from the judgments of lower courts, primarily the High Courts. This jurisdiction is established under Article 132, 133, and 136 of the Constitution of India. The Supreme Court can hear appeals in civil, criminal, and constitutional matters. Article 136 grants the Court the discretion to grant special leave to appeal against any judgment or order of any court or tribunal in the country. This appellate jurisdiction is crucial for maintaining uniformity in the interpretation of law and ensuring justice across the country. 

(ii) Discuss the three stages in the procedure for administration of Criminal Justice in India. 
Ans: The administration of criminal justice in India can be broadly divided into three stages:

• Investigation: This is the initial stage where the police investigate the crime, gather evidence, and prepare a report (FIR) for the court.
• Trial: After the investigation, the case is brought before a court where the trial takes place. This includes the examination of evidence, witness testimonies, and arguments from both the prosecution and defense.
• Appeal: Following the trial, if either party is dissatisfied with the judgment, they can appeal to a higher court for a review of the case.

(iii) Elaborate the six stages in a criminal trial. 
Ans: A criminal trial typically consists of six stages:

• Filing of Charge Sheet: The police submit a charge sheet to the court after completing the investigation.
• Framing of Charges: The court examines the charge sheet and frames charges against the accused based on the evidence.
• Prosecution Evidence: The prosecution presents its evidence and witnesses to establish the guilt of the accused.
• Defense Evidence: The defense is given an opportunity to present its evidence and witnesses to counter the prosecution's case.
• Arguments: Both sides present their arguments, summarizing the evidence and legal points to the judge.
• Judgment: The judge delivers the verdict based on the evidence and arguments presented during the trial.

(iv) Discuss the functions performed by Police. 
Ans: The police perform several essential functions in the criminal justice system, including:

• Prevention of Crime: Engaging in activities to deter crime through patrolling and community engagement.
• Investigation: Conducting investigations into reported crimes, gathering evidence, and identifying suspects.
• Arrest: Arresting individuals suspected of committing crimes based on evidence and warrants.
• Maintenance of Law and Order: Ensuring public safety and order during events and in communities.
• Enforcement of Laws: Enforcing various laws and regulations to maintain societal order.
• Community Policing: Building relationships with community members to foster trust and cooperation.

Q3. Ms. Anukriti went to the police station to get an FIR filed in relation to her chain snatching. The officer in charge of the police station was not available. 
(i) Who is competent to file the FIR in absence of the officer in charge? 
(ii) What if the officer in charge was present but refused to file the FIR? What remedy is available to Ms. Anukriti? 
Ans: (i) Competent Authority to File FIR in Absence of Officer in Charge: In the absence of the officer in charge of the police station, the Assistant Sub-Inspector (ASI) is competent to file the FIR. If the ASI is also unavailable, any other police officer present at the station can take the FIR.
(ii) Remedy if Officer in Charge Refuses to File FIR: If the officer in charge is present but refuses to file the FIR, Ms. Anukriti can send the information regarding the cognizable offence to the Superintendent of Police (SP) by post, as per Section 154(3) of the Criminal Procedure Code (CrPC). This provision allows the aggrieved person to ensure that their complaint is recorded and acted upon.

Q4. Mr. Ranjeet Sahay, a journalist was unhappy over a judgement given by the Supreme Court. In his TV programme he openly criticized the judgment given by the Supreme Court. Is it allowed? Can Supreme Court take any action against him? If so, mention the relevant article.
Ans: Mr. Ranjeet Sahay, as a journalist, is allowed to express his opinion and criticize the judgment of the Supreme Court in his TV program. Freedom of speech and expression is a fundamental right guaranteed under Article 19(1)(a) of the Constitution of India. However, this right is subject to reasonable restrictions under Article 19(2), which includes provisions against contempt of court.
The Supreme Court can take action against Mr. Sahay if his criticism amounts to contempt of court, which is defined under Article 129 of the Constitution. Article 129 empowers the Supreme Court to punish for contempt of itself. If his statements are found to undermine the authority of the court or obstruct the administration of justice, the court may initiate contempt proceedings against him.
Relevant Articles

• Article 19(1)(a) - Freedom of Speech and Expression
• Article 19(2) - Reasonable Restrictions on Freedom of Speech
• Article 129 - Supreme Court's Power to Punish for Contempt

Q5. Varun is 9 years old. While playing with his friends there was a quarrel amongst them and he ended up hitting one of the boys with a rock on the head. He is very young and lacks maturity to understand the gravity and consequences of his actions. 
(i) Would Varun be punished for the criminal act? 
(ii) Discuss the relation between age and criminal liability. 
Ans: (i) Would Varun be punished for the criminal act?
No, Varun would not be punished for the criminal act due to his age. In many jurisdictions, children below a certain age (commonly 7 years) are considered incapable of committing a crime, as they lack the necessary mental maturity to understand the consequences of their actions. Varun, being 9 years old, may fall under the category where he can be held liable for some actions, but typically, such incidents involving young children are addressed through parental guidance or juvenile rehabilitation rather than criminal punishment.
(ii) Discuss the relation between age and criminal liability.
The relation between age and criminal liability is often governed by specific laws that outline the age at which a person can be held criminally responsible. Generally, the following age brackets are recognized:

• Under 7 years: No criminal liability.
• 7 to 12 years: May be held liable if they possess the requisite maturity to understand their actions.
• 12 to 16 years: Often treated under juvenile laws, but can be tried as adults for serious offenses.
• 16 to 18 years: May be tried as adults depending on the nature of the crime.
• Above 18 years: Fully criminally liable under the law.

In Varun's case, his young age and lack of maturity suggest that he would not be held criminally liable, reflecting the principle that children should be treated with care and understanding rather than punishment.

Q6. In 2010, Madhu was arrested for attempt to murder. After the trial , she was acquitted by the court due to lack of evidence. In 2021, can Madhu be tried again for the same offence in which she was earlier acquitted? Discuss with relevant doctrine and provision of law. 
Ans: According to the doctrine of autrefois acquit, a person who has been acquitted of an offence cannot be tried again for the same offence. This principle is enshrined in Article 20(2) of the Constitution of India, which states that no person shall be prosecuted and punished for the same offence more than once.
Additionally, Section 300 of the Code of Criminal Procedure (CrPC) reinforces this doctrine by providing that a person who has been tried and acquitted cannot be tried again for the same facts or circumstances that led to the previous acquittal.
In Madhu's case, since she was acquitted in 2010 due to a lack of evidence, she cannot be retried for the same attempt to murder charge in 2021. The legal principle of double jeopardy protects her from facing trial again for the same offence, ensuring that the judicial system does not subject individuals to multiple prosecutions for the same alleged crime.
Conclusion
Therefore, based on the doctrine of autrefois acquit and the provisions of law, Madhu cannot be tried again for the offence of attempt to murder for which she was previously acquitted.

Q7. Sanjay is arrested in relation to a case of theft. The police asks him to submit the following- 
(a) DNA sample 
(b) Handwriting sample 
(c) His personal diary 
(d) He is forced to be a witness against himself. 
(i) Which among the above mentioned he cannot be asked to submit? 
(ii) Discuss in context to the rights of the accused and arrested. 
Ans: 
(i) Sanjay cannot be asked to submit: (d) He is forced to be a witness against himself.
(ii) In the context of the rights of the accused and arrested, the following points are relevant:

• The right against self-incrimination is protected under Article 20(3) of the Constitution of India, which states that no person accused of an offence shall be compelled to be a witness against himself.
• While the police can request DNA and handwriting samples, these do not fall under the personal knowledge of the accused and thus can be compelled.
• However, forcing an accused to testify against themselves violates their constitutional rights and is not permissible.
• The Supreme Court has clarified that the right against self-incrimination protects individuals from being compelled to produce documents that are within their personal knowledge.
• Search and seizure do not constitute compulsion to produce documents as per the Supreme Court's interpretation.

Q8. There is criminal dispute where the maximum punishment could be capital punishment. 
(i) Which court is competent to hear the case? 
(ii) Make a flow chart of hierarchy of criminal courts in India.
Ans:
(i) Competent Court to Hear the Case
In cases where the maximum punishment could be capital punishment, the competent court to hear the case is the Sessions Court. If the case is appealed, it can be taken to the High Court and subsequently to the Supreme Court of India.
(ii) Hierarchy of Criminal Courts in India
Flow Chart of Hierarchy of Criminal Courts
Supreme Court of India
High Courts
Sessions Courts

• District and Sessions Judge
• Additional Sessions Judge

Magistrate Courts

• Chief Judicial Magistrate
• Judicial Magistrate First Class
• Judicial Magistrate Second Class