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Legal Studies Objectives > Judiciary > Flashcards

Judiciary Flashcards

1
Q

When was the Supreme Court of India formed?

A

28th January 1950

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2
Q

Which existing institution(s) did the Supreme Court replace on its formation?

A
  1. Federal Court of India

2. Judicial Committee of the Privy Council

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3
Q

Which institutions were at the apex of the Indian Judicial System in the colonial era?

A
  1. Federal Court of India

2. Judicial Committee of the Privy Council

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4
Q

What was the original composition of the Supreme Court?

A

1 Chief Justice and 7 judges

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5
Q

Which body can increase the number of judges in the Supreme Court?

A

The parliament

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6
Q

What is the current composition of the Supreme Court of India?

A

30 Judges including the Chief Justice of India

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7
Q

How many High Courts does India have?

A

24

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8
Q

Name the first 4 High Courts of India

A

Madras High Court (Chennai); Bombay High Court (Mumbai); Calcutta High Court (Kolkata); Allahabad High Court (Allahabad).

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9
Q

In which city is the Madras HC Located?

A

Chennai

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10
Q

What courts do lower courts consist of?

A

District Courts and Subordinate Courts

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11
Q

What are the different names that a district court judge can have?

A 
District Judge (when presiding over a civil case)
Sessions Judge (when presiding over a criminal case)
Metropolitan Sessions Judge (when presiding over a district court in a city which has been designated as a metropolitan area by the State Government.)
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12
Q

How does the mechanism of district courts work?

A

> Each state is divided into judicial districts presided over by a ‘District and Sessions Judge’
When presiding over a civil case, he/she is referred to as a District Judge; when a criminal case, then a Sessions Judge; and when over a district court in a city which has been designated as a metropolitan area by the State Government, then a Metropolitan Sessions Judge
District Judges may work with Additional District Judges depending on the judicial workload.

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13
Q

What is the highest Judicial Authority below a High Court Judge?

A

A District Judge

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14
Q

Describe the jurisdiction of a district court

A

A district court holds appellate jurisdiction and supervision over all sub-ordinate Courts below it.

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15
Q

Describe the hierarchy of courts in India

A

At the apex, we have the Supreme Court. Subordinate to the SC, there are High Courts. The come District Courts. Under district courts, there are 3 forms of Subordinate Courts. On the civil side, we have (In descending order of hierarchy):
Senior Civil Judge Courts
Principal Junior Civil Judge Courts
Junior Civil Judge Courts
On the criminal side, we have (In descending order of hierarchy):
Chief Judicial Magistrate Court
First Class Judicial Magistrate Court
Second Class Judicial Magistrate Court
Apart from this, we also have munsiff courts.

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16
Q

Which courts are also known as sub-courts?

A

Senior Civil Judge Courts

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17
Q

What are munsiff courts?

A

> Apart from the sub-ordinate Courts, Munsiff Courts also form a part of the hierarchy.
They are the lowest in terms of handling matters of civil nature
They function below the sub-ordinate Courts.
Their pecuniary limits, meaning the Court’s ability to hear matters up to a particular claim for money, are notified by respective State Governments.

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18
Q

What do we mean by the pecuniary limit of a court

A

The pecuniary limit of a court refers to the court’s ability to hear matters up to a particular claim of money

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19
Q

What is a bench?

A

A group of Judges sitting together on a legal matter comprise a bench

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20
Q

What is the difference between a division bench and a constitutional bench

A

A division bench consists of two or three judges, while a constitutional bench consists of 5 or more judges, extending up to 13.

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21
Q

Why are tribunals referred to as semi-judicial bodies?

A

This is because even though they might comprise of administrative officers and judges who do not belong to the legal background, yet they function in their judicial capacity and hear legal matters.

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22
Q

What is a legal enactment?

A

A law passed by the legislature

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23
Q

Give examples of any 4 tribunals in India and their functions

A
  1. Central Administrative Tribunal (CAT): Resolving the grievances and disputes of central government employees
  2. State Administrative Tribunal (SAT): Resolving the grievances and disputes of state government employees
  3. Telecom Dispute Settlement Appellate Tribunal (TDSAT): Resolving disputes in the telecom sector
  4. National Green Tribunal (NGT): Resolving disputes involving environmental disputes.
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24
Q

What is the full form of TDSAT?

A

Telecom Dispute Settlement Appellate Tribunal

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25
Q

What are regulators? What is their role? Given an example

A

Regulators are specialised government agencies that oversee law and order compliance in the relevant Government Sectors. They sometimes function with tribunals. For example, the TDSAT functions along with TRAI (Telecom Regulatory Authority of India) in formulating laws and policies for resolving telecom disputes.

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26
Q

Apart from administering civil and criminal justice, courts and judges serve the vital function of creation and development of laws and legal principles in the federal set up of the country. Justify

A

India is a common law country, which is why the decisions, orders and judgements of the courts play a role in the creation of laws and legal principles in the country. This is because said decisions and judgements hold precedential value, and can thus be used as precedents for all subordinate courts.

27
Q

Distinguish between common law and civil law

A

The main difference between common law and civil law is with respect to the source of law.
In common law, the judiciary can also make laws and form legal principles through judicial decisions of courts. However, in civil law, only the legislature or executive has the power to create rules and laws.
Examples of common law countries include India and the United Kingdom, while those of civil law include Russia and Germany

28
Q

Is Germany a civil law country o a common law country?

A

Civil Law

29
Q

Distinguish between the adversarial and inquisitorial mode of dispute resolution

A

In an adversarial model, primarily the role of lawyers representing the parties is vital. On the contrary, in the inquisitorial model, the role of the lawyers and the judge cumulatively becomes important in the proceedings.
In the adversarial model, the judge plays the role of a neutral observer, who does not indulge extensively in the court proceedings, and gives a decision based on the merits of the case as presented by the lawyers. On the other hand, in the inquisitorial system, judges are more proactive in adjudicating the matter and have the right to inquire and probe into the same, much like the police.
Examples of countries following the adversarial mode include common law countries like India, Australia and the UK, while countries including but not restricted to France and USA often indulge in the inquisitorial system.

30
Q

Who is the first legal officer of the country?

A

The attorney general.

31
Q

Which article of the Indian Constitution deals with the appointment of the Attorney General of India? What does it state?

A

Article 76; The attorney general can hold his office during the pleasure of the president.

32
Q

What are the requirements for becoming the attorney general of India?

A

The person must be qualified to be a Supreme Court Judge, possessing adequate legal practice, or have served as an SC judge for a requited duration as mandated by the Constitution.

33
Q

Who appoints the Attorney General of India

A

The President

34
Q

What are the duties and responsibilities of the attorney general of India?

A

The Attorney General has the duty to advise the government of India on legal matters
AND
to perform any other duties of legal character as may be referred or assigned to him by the President.

35
Q

What are the rights conferred upon the Attorney General of India?

A

Tn performance of his/her duties, the Attorney General has the right to:

  1. Appear in courts (Right to Audience)
  2. Take part in the proceedings of the parliament without a right to vote
36
Q

Who is the Solicitor General of India? What is his job?

A

The solicitor general of India is a person who, along with 4 additional solicitors general, has the responsibility of assisting the Attorney General in the discharge of his/her duties. The position of the Solicitor General and the Additional Solicitors General is not recognised in the Constitution; they are
governed through rules enacted by the Parliament

37
Q

Which article of the Consitution deals with the independence of the Judiciary in India?

A

Article 50

38
Q

“An accused cannot be coerced into giving a statement pointing to his/her guilt”. Which article of the Consitution says this?

A

Article 20(3)

39
Q

Explain in brief the reasons due to which a special status has been granted to the Judiciary

A
  1. The judiciary needs to be independent of any sort of pressure, influence or external control in order to carry out its responsibilities as the watchdog of democracy and maintain checks and balances on the executive.
  2. The judiciary needs to be free from any external pressure in order to ensure that constitutionally mandated freedoms such as freedom of speech are interpreted as per the true constitutional philosophy
  3. The judiciary needs to be independent and impartial in order to act as a guardian of the fundamental rights that are constitutionally guaranteed to all Indian citizens.
  4. In the domain of criminal law, independence of the judiciary is quintessential for granting a fair trial to the accused
  5. Independence of judiciary is vital for the respect of due-process of law
40
Q

Independence of judiciary remains a core principle even in a modern democracy. Justify

A
  1. The judiciary needs to be independent of any sort of pressure, influence or external control in order to carry out its responsibilities as the watchdog of democracy and maintain checks and balances on the executive.
  2. The judiciary needs to be free from any external pressure in order to ensure that constitutionally mandated freedoms such as freedom of speech are interpreted as per the true constitutional philosophy
  3. The judiciary needs to be independent and impartial in order to act as a guardian of the fundamental rights that are constitutionally guaranteed to all Indian citizens.
  4. In the domain of criminal law, independence of the judiciary is quintessential for granting a fair trial to the accused
  5. Independence of judiciary is vital for the respect of due process of law
41
Q

Which kinds of jurisdiction does the Supreme court of India have?

A

Original Jurisdiction, Appellate Jurosdiction, Writ Jurisdiction, Advisory Jurisdiction

42
Q

Which article of the constitution grants the supreme court its original jurisdiction?

A

Article 131

43
Q

What kinds of disputes can the SC deal with using its original jurisdiction?

A

The Supreme Court can use its original jurisdiction to adjudicate disputes between the union and one/more states or between two/more states, provided that said disputes involve some question of law or fact on which the existence or extent of legal rights can be adjudicated.

44
Q

What is the extensive original guaranteed to the Supreme court? Which article of the Consitution grants it the same?

A

The extensive original jurisdiction given to the supreme court, popularly known as its writ jurisdiction, is used by the court for the enforcement of fundamental rights through the issue of directions, orders and writs.

45
Q

Which article of the constitution grants the supreme court its appellate jurisdiction?

A

Article 136

46
Q

What are the requirements for invoking the appellate jurisdiction of the SC?

A

> A certificate mandating the same should be granted by the High Court
The court must involve a substantial question of the law as to the interpretation of the Constitution, which means a question of law or fact on which the existence or extent of legal rights can be adjudicated

47
Q

Under its discretion, the _________ may grant a special leave to _________ and ____________ any judgment, decree, determination, sentence or order in any matter passed by any _________ or _________ in the territory of India

A

Supreme Court; appeal; receive; court; tribunal.

48
Q

Which article of the constitution grants the supreme court its advisory jurisdiction?

A

Article 143

49
Q

Who can invoke the advisory jurisdiction of the SC?

A

The President

50
Q

The procedure under which the president can invoke the advisory jurisdiction of the SC is termed as what?

A

Presidential Reference

51
Q

Under what situations can the Supreme Court refuse to render its advisory opinion to the President?

A

The court is required to give its opinion on a question of law or fact of public importance. If it is satisfied that the questions are either socio-economic or political in nature, then it can refuse to render any opinion.

52
Q

What does locus standi mean?

A

The right of a party to appear and to be heard by a court

53
Q

In recent years, the Supreme Court has relaxed its locus standi. Justify

A

In recent years, the court has allowed public-spirited citizens and civil society organisations to approach the court on behalf of the victims for better administration of justice by means of PILs and even started, on its own initiative, cases of public importance (for example when it reprimanded the state authorities for their apathy and lack of diligence in running child care homes in the states).

54
Q

How has the extra-ordinary jurisdiction of the SC in terms of PILs been invoked?

A

By writing petitions or even by writing letters to Judges

55
Q

Who is the advocate general?

A

An Advocate General is a senior law officer who acts as a legal adviser to the State Government.

56
Q

The appointment of the advocate general is governed by which article on the constitution?

A

Article 165

57
Q

Who appoints the Advocate General?

A

The governor of the respective state. The
office of an Advocate General is held during the pleasure of the Governor, who also determines the nature of remunerations for the Advocate General

58
Q

What are the responsibilities of the Advocate General?

A

The Advocate General has to perform duties of a legal character including representing the State before the courts either through himself/herself or through the
law officers or pleaders appointed by the State

59
Q

What are the qualifications required to become an advocate general?

A

The qualification required for appointment as an Advocate General is similar to that of a judge of a High Court

60
Q

When was the first PIL filed? Who were the parties involved? What are the details?

A

1979; Hussainara Khatoon v. State of Bihar;
A public interest activist lawyer filed this case on behalf of thousands of prisoners of the Bihar jail against the inhuman conditions of the prison. A Supreme Court bench headed by Justice P.N. Bhagwati declared the right for free legal aid and expeditious trial of these prisoners, which ultimately led to their release.

61
Q

What are the issues PILs encompass?

A

socio-economic rights (freedom from bonded labour), legal entitlements (right to food; right to work), environment issues (clean air and water) and political reforms (disclosure of assets by members of the executive; disbursement of natural resources done by the government)

62
Q

India has a single integrated judicial system. Justify

A

one hierarchical structure
below the supreme court the state high courts, all are subordinate
appeals
decisions of sc are binding on subordinate courts
there is no division of power between union judiciary and state judiciary

63
Q

What do we mean by the original jurisdiction of a court?

A

Any case that can be taken ton the SC directly

Legal Studies Objectives (1 decks)

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