Test: Judiciary - 1 - Humanities/Arts MCQ

In Indian constitution article 129 make the Supreme Court the ‘court of record”. Article 129 says: Supreme Court to be a court of record.-The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

The Supreme Court of India is the defender of the fundamental rights of the citizens. For that, it has original and wide powers. It issues five kinds of writs for enforcing the fundamental rights of the citizens. The five types of writs are:

• Habeas Corpus
• Mandamus
• Prohibition
• Certiorari
• Quo-Warranto

Liberalism is a political setup founded on ideas of liberty and equality. They support ideas such as free and fair elections, civil rights, independent judiciary, freedom of the press, religion etc.

The Supreme Court of India is the highest court in the country and has several important functions:

• Highest Court of Record: The Supreme Court is a court of record, meaning its judgments and proceedings are permanently documented.
• Final Authority: Its decisions are final and binding on all other courts in India.
• Guardian of the Constitution: The Supreme Court protects the Constitution and ensures that laws comply with it.
• Judicial Review: It has the power to review laws and actions of the government to ensure they do not violate constitutional principles.

However, the statement that the Supreme Court decisions are not final and binding on all other courts is incorrect. In fact, the Supreme Court's rulings are the ultimate authority and must be followed by all lower courts.

The Supreme Court of India is the final authority to see to it that the division of powers as specified in the constitution is obeyed by both the Union and the State governments. So, Article 131 of the Indian Constitution vests the Supreme Court with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States.

The authority to remove the Vice President from his office before the expiry of his term is with the Rajya Sabha.

The process for removing the Vice President involves several steps:

• Initiation: The removal process can be initiated by either house of Parliament.
• Majority Requirement: A two-thirds majority of members present and voting is needed in both houses.
• Formal Motion: A formal motion must be passed in both the Lok Sabha and Rajya Sabha.
• Presidential Order: Once both houses approve the motion, it is sent to the President, who will issue the removal order.

This procedure ensures that the Vice President can only be removed under serious circumstances, maintaining the integrity of the office.

An Obiter dicta by a judge is a statement of opinions made by the judge while deciding the point at issue. This type of statement is not part of the legal ruling but provides insight into the judge's thoughts and reasoning.

• Obiter dicta are remarks made by a judge that are not essential to the decision.
• They can offer valuable perspectives on legal principles.
• These statements do not hold legal authority like the main ruling.

Understanding obiter dicta can help in grasping the broader implications of a court's decision.

The first-regular adjudicatory mobile court in the country has been inaugurated at Punhana village in Haryana.

This initiative aims to enhance access to justice by bringing the court system closer to the people. Key points include:

• The mobile court will travel to various locations, making legal proceedings more accessible.
• It addresses the issue of long distances that often hinder individuals from seeking justice.
• This court will handle a range of cases, ensuring timely resolution.
• It reflects a commitment to improving the efficiency of the judicial system.

Overall, the establishment of this mobile court is a significant step towards ensuring that justice is not only done but is also seen to be done, particularly for those in remote areas.

The concept of 'judicial activism' gained popularity in India in the 1980s.

Judicial activism refers to the proactive role of the judiciary in interpreting laws and ensuring justice. Its emergence in the 1980s can be attributed to several key factors:

• Public Interest Litigation (PIL): This legal mechanism allowed individuals to file petitions on behalf of those unable to do so, promoting social justice.
• Judicial Independence: The judiciary's ability to act without external pressures enabled it to safeguard fundamental rights.
• Landmark Cases: Significant rulings during this period highlighted the judiciary's role in addressing social issues and government overreach.

Overall, the 1980s marked a transformative era for the Indian judiciary, enhancing its role as a guardian of rights and a check on governmental power.

The Supreme Court of India came into being on 28 January 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council which were then at the apex of the Indian court system.