Indian Judiciary

Question 1

Why is it important for the judiciary to be independent of influence by the other 2 tiers?

Answer 1

It has to be impartial and unbiased in order to serve proper justice.

Question 2

What are the 3 levels of courts?

Answer 2

1. District/ subordinate court (within the district and lower levels)
2. High courts ( within the jurisdiction of the state)
3. Supreme Court (can move cases from lower courts to itself)

Question 3

What are the duties to be fulfilled by the judiciary?

Answer 3

• Resolution of disputes between individuals as well as governments.
• Interpreter of the Law: If the law on a particular issue is not very clear or silent, the judiciary must interpret it in the best way possible and their decision becomes a precedent for such cases in the future.
• Custodian of Civil and Fundamental Rights: Citizens can move to court to seek justice in case they feel that their right has been violated or taken away.
• Upholder of the Constitution: it can exercise a power called justice review to strike down a law made by the parliament if it violates the constitution.

Question 4

What is jurisdiction?

Answer 4

Power of the courts to pass judgment and enforce law within its sphere.

Question 5

What are the different type of jurisdictions exercised by the court?

Answer 5

• Original jurisdiction: where the case is heard for the first time
• Appellate jurisdiction: where the case has already been tried by a lower court
• advisory jurisdiction: gives advice on matters related to the constitution
• supervisory jurisdiction: supervising functions of lower courts

Question 6

What is a court of record?

Answer 6

A court which maintains records of court proceedings and decisions made for the benefit of lower courts who refer to it in similar cases.

Question 7

What are the types of cases?

Answer 7

1. Civil cases:
   Disputes between two private individuals such as:
   - money
   - property
   - social matters
   - inheritance
   - marriage disputes
   With rewards such as payment of damages
2. Criminal cases:
   Offenses like:
   - theft and robbery
   - murder
   - violence or injury
   - cheating

• fines, prison sentences and death sentences depending of Severity of the crime.

-if the state itself is involved, it is seen as an offense against society and not simply an individual