CBSE Textbook Solutions: Judiciary - Constitutional, Civil and Criminal Courts and Processes

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. This means that any amendment must comply with the exact procedural requirements laid down by the Constitution for that particular kind of amendment.
• If the amending Act seeks to violate one or more basic features of the Constitution. The Court has held that Parliament cannot use its amending power to destroy or alter the Constitution's essential structure (for example, fundamental rights, democratic form of government, separation of powers).

(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 a question referred to it under its advisory jurisdiction. It need not answer every question put before it.
• It is for the President to decide what question should be referred to the Court; the Court will not substitute its own view of the propriety of the reference.
• The advisory opinion of the Supreme Court is not binding on other courts as it does not have the force of a judgment delivered in an adversarial proceeding under Article 141.

Re Special Court Bill Case (1979)
The principles established in this case reaffirmed the advisory jurisdiction of the Supreme Court and emphasised:

• The Court's power to refuse an advisory opinion where answering would not be appropriate or where the matter is essentially political or inappropriate for judicial determination.
• The non-binding nature of advisory opinions and the role of the President's discretion in making references.

(iii) Give the Constitutional provisions regarding the appointment of a judge to the Supreme Court. 
Ans: Article 124 of the Constitution 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, in appropriate cases, other judges of the Supreme Court. Eligibility criteria include that a person must be a citizen of India and must have been a judge of a High Court for at least five years, or an advocate of a High Court for at least ten years, or a distinguished jurist in the opinion of the President. Judges of the Supreme Court retire at the age of 65 years.

(iv) Write a short note on the Code of Civil Procedure, 1908. 
Ans: The Code of Civil Procedure, 1908 (CPC) is the main statute that governs the procedure for civil litigation in India. Its purpose is to provide a uniform, orderly and just process for the adjudication of civil disputes. Key features include:

• It lays down the jurisdiction and powers of civil courts, rules for filing suits, and procedures for trials and appeals.
• It prescribes rules for pleadings, summons, evidence production, interim orders, execution of decrees and costs.
• It aims to ensure that civil disputes are decided fairly and expeditiously while safeguarding parties' rights.

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

• Original Jurisdiction: This is the power of a court to hear and decide a case for the first time. A court exercising original jurisdiction does not act as an appellate body; it conducts trial and decides questions of fact and law. Example: A district court trying a civil suit originally filed there.
• Appellate Jurisdiction: This is the authority of a court to review and revise the decisions of a lower court. An appellate court looks into whether law and procedure were correctly applied and may confirm, modify or reverse the decision. Example: A High Court hearing an appeal against a subordinate court's judgment.

Q2: Answer the following questions in detail- 
(i) Explain the appellate jurisdiction of the Supreme Court of India.
Ans: The Supreme Court of India has an extensive appellate jurisdiction under the Constitution. This jurisdiction enables the Court to hear appeals from decisions of the High Courts and, in some cases, other courts or tribunals. The constitutional provisions include:

• Article 132 - Appeals in civil matters involving interpretation of the Constitution or substantial questions of law.
• Article 133 - Appeals in civil matters where the High Court has reversed a judgment involving substantial questions of law.
• Article 136 - Special Leave Petitions (SLP), which give the Supreme Court wide discretionary power to grant leave to appeal from any judgement or order of any court or tribunal in the territory of India. This is an important instrument for ensuring uniformity in law and correcting grave errors.

Through appellate jurisdiction the Supreme Court ensures uniform interpretation of law, resolves conflicting judgments, protects fundamental rights and maintains the supremacy of the Constitution. The Court exercises this jurisdiction with care and can refuse to grant leave in cases that lack sufficient merit.

(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 initial stage is conducted by the police or investigating agency. It involves registering the First Information Report (FIR) for cognizable offences, collecting evidence, examining witnesses, seizing material, and preparing the charge-sheet if enough evidence is found. The aim is to gather facts to decide whether a case should proceed to trial.
• Trial: When the charge-sheet is filed in court, the trial stage begins. The court frames charges, hears prosecution and defence witnesses, examines documentary evidence, and allows cross-examination. The judge then delivers a verdict - conviction or acquittal - based on proof beyond reasonable doubt.
• Appeal: If a party is dissatisfied with the trial court's decision, they can challenge the judgment in a higher court. Appeals provide a review mechanism to correct errors of law or fact. Further remedies include revision petitions and special leave petitions to the Supreme Court in appropriate cases.

(iii) Elaborate the six stages in a criminal trial. 
Ans: A criminal trial usually proceeds through the following stages:

• Filing of Charge Sheet: After investigation, the police submit a charge-sheet (or report) to the magistrate or sessions court, setting out the evidence against the accused.
• Framing of Charges: The court examines the charge-sheet and, if satisfied that prima facie evidence exists, frames formal charges against the accused specifying the offence(s) they are alleged to have committed.
• Prosecution Evidence: The prosecution presents its case by calling witnesses, producing documents and other material evidence. Each witness is examined-in-chief and cross-examined by the defence.
• Defense Evidence: The accused may choose to remain silent or to produce evidence and witnesses in their defence. The defence may also cross-examine prosecution witnesses to challenge credibility.
• Arguments: After evidence is concluded, both parties present their final arguments summarising the evidence and legal submissions. The prosecution must show guilt beyond reasonable doubt; the defence will point out deficiencies and alternative explanations.
• Judgment: The judge considers the entire record, evidence and arguments and delivers a reasoned judgment of conviction or acquittal. If convicted, sentencing follows in accordance with law.

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

• Prevention of Crime: Through patrolling, intelligence gathering, crime prevention programmes and visible presence, the police deter criminal activity.
• Investigation: Police investigate reported offences, collect and preserve evidence, record witness statements and prepare reports or charge-sheets for the court.
• Arrest: Police have the power to arrest suspects on reasonable grounds, following legal procedures, and to ensure their production before a magistrate.
• Maintenance of Law and Order: Police maintain public order during gatherings, protests and emergencies to ensure safety and prevent violence.
• Enforcement of Laws: Police enforce statutory provisions, execute warrants and orders of the court, and implement government regulations related to public safety.
• Community Policing: By building trust with citizens, the police engage communities to prevent crime, gather local intelligence and resolve disputes peacefully.

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 a police station, any other police officer present at the station who is authorised to receive information about cognizable offences may record the FIR. Commonly this will be the Assistant Sub-Inspector (ASI) or another available officer. The law requires that information about a cognizable offence given to the police be recorded without delay.

• She can send the information in writing to the Superintendent of Police (SP) or the officer authorised by him under the relevant provision of the Criminal Procedure Code so that the complaint is recorded and action taken.
• She can make a complaint before the magistrate, who may direct the police to investigate or take cognisance under the relevant provisions.
• She can approach the High Court by way of a writ petition (for example, a writ of mandamus or writ of prohibition) asking the court to direct the police to register an FIR and investigate the matter.

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, has the right to express his opinion and to criticise judicial decisions under Article 19(1)(a) - freedom of speech and expression. However, this right is subject to reasonable restrictions under Article 19(2), which includes restrictions in the interest of public order and contempt of court.

The Supreme Court can take action if the criticism amounts to contempt of court - for example, if the remarks scandalise the court, obstruct the administration of justice or lower public confidence in the judiciary. The Constitution empowers the Supreme Court under Article 129 to punish for contempt of itself. Practical law on contempt is also governed by the Contempt of Courts Act, 1971. Fair and bona fide criticism of judicial decisions is permitted, but statements that attack the integrity of the judiciary or interfere with the course of justice may invite proceedings.

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?
Not normally. Children are treated differently under criminal law because of their age and capacity to understand right and wrong. In India, there is a presumption that children below a certain age lack criminal capacity. A nine-year-old like Varun will generally be dealt with under the juvenile/child welfare system rather than punished like an adult. The focus is on care, protection and rehabilitation rather than punishment.

• Under about 7 years: There is a presumption of complete incapacity to commit a crime (doli incapax); a child cannot be held criminally responsible.
• 7 to 12 years: There is generally a presumption that the child may lack capacity; however, this is often rebuttable if the prosecution shows that the child had sufficient maturity and understanding of consequences.
• 12 to 18 years: Children are treated under juvenile justice laws which emphasise rehabilitation. For very serious offences, juvenile systems have special procedures; in some jurisdictions and circumstances, older adolescents may face stricter measures, but the primary aim remains reform and protection.
• Above 18 years: Individuals are normally treated as adult offenders and are fully criminally liable.

In Varun's case, given his age and the stated lack of maturity, the appropriate response would be under the juvenile justice framework concentrating on counselling, guardianship measures or rehabilitation rather than criminal 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: The doctrine of autrefois acquit (double jeopardy) protects a person from being tried again for the same offence once acquitted. This principle is enshrined in Article 20(2) of the Constitution of India, which provides that no person shall be prosecuted and punished for the same offence more than once. Consequently, as a general rule, Madhu cannot be tried again in 2021 for the same attempt to murder for which she was already acquitted in 2010.

There are limited exceptions recognised by law in special circumstances (for example, where the earlier acquittal was vitiated by fraud or collusion, or where fresh and distinct facts emerge that constitute a different offence), but ordinarily double jeopardy prevents a second prosecution for the same offence. The protection of Article 20(2) therefore bars repeated prosecutions and secures finality for an accused who was validly 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) Key rights and legal principles relevant to an accused person are:

• Right against self-incrimination (Article 20(3)): No accused person can be compelled to be a witness against himself. This protects a person from being forced to give testimonial evidence (oral or written statements) that would incriminate them.
• Compulsion to give physical or biological samples: Courts have held that non-testimonial things - such as DNA samples, fingerprints, palm impressions or handwriting samples - may be lawfully taken by the police because these do not amount to testimonial self-incrimination.
• Production of documents and personal diary: There is a distinction between compelled testimonial answers and seizure of documents. Police may seize documents in accordance with search and seizure law. However, if producing a document would require the accused to make a testimonial admission (for example, stating ownership or contents in a way that incriminates), issues of self-incrimination arise and protection may be claimed.
• Other rights on arrest: Arrested persons have rights such as being informed of the grounds of arrest and the right to consult a legal practitioner, being produced before a magistrate within the prescribed time (usually 24 hours), and the right to bail in accordance with law. These protections prevent arbitrary or coercive action during investigation.

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
Where the maximum punishment may be capital punishment (death penalty), the case is normally tried by a Sessions Court. If a death sentence is imposed by a Sessions Court, it must be referred to the High Court for confirmation. Appeals against conviction or sentence can then proceed to the High Court and ultimately to the Supreme Court.

• District and Sessions Judge
• Additional Sessions Judge

Magistrate Courts

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