The Indain Judiciary

Question 1

Judiciary is derived from which Latin word?

Answer 1

Iudicarius

Question 2

Meaning of iudicarius ?

Answer 2

Of or belonging to a court of justice

Question 3

How does judiciary function ?

Answer 3

I functions through a chain of courts which are presided over by judges

Question 4

What are the roles of court?

Answer 4

Resolving disputes- The judiciary resolves disputes between ppl , ppl and the government , and governments
Judiciary review- The judiciary has the power to cancel a law passed bh the parliament if it violates the basic constitutional structure
Upholding laws and enforcing fundamental rights- Citizens can approach the judiciary if there fundamental rights are violated .

Question 5

What is a case?

Answer 5

A dispute that is to be resolved by the court is called a case .

Question 6

What are the two types of cases ?

Answer 6

Civil and criminal

Question 7

What is a criminal and a civil case?

Answer 7

Civil cases involve disputes over property, marriage , inheritance , money, matters related to rent etc.
Criminal cases involve disputes over murder, physical injury, robbery, dowry etc.

Question 8

What is the structure of the Indian judiciary ?

Answer 8

Its like a pyramid . At the apex it is the supreme court which is the highest authority. A decision made by the supreme court is final and binding on all the other courts. High court is the next authority, high courts are located in every state , some union territories have common high courts. Subordinate courts are at the bottom, they include nyaya panchayats , lok adalats and district courts.

Question 9

When did the supreme court came into being and who inaugurated the supreme court?

Answer 9

It came into bieng on 28 jan ,1950 and Chief Justice Harilal J Kania carried out the inaugural proceedings.

Question 10

What does the supreme court consist?

Answer 10

It consists of the Chief Justice of India and 25 other judges appointed by the President .

Question 11

What are the qualifications to be a supreme court judge?

Answer 11

He/she should be a Indian citizen
He/she should have been a judge at one or more high courts for minimum 5 years
He/she should have been an advocate of high Court for min. 10 years
The president should consider him/her to be a distinguished jurist
(Jurist means someone who has a thorough knowledge of law)

Question 12

What is the tenure of a supreme court judge?

Answer 12

65

Question 13

How can a supreme court judge be removed?

Answer 13

He/she can be removed on the grounds of ‘misbehaviour ‘ and ‘ incapacity’ by the president. Both of the house of the parliament should pass an address for the removal of the judge . The address should be supported by two thirds of the members who are present and voting .

Question 14

What are the three main functions of the supreme court.

Answer 14

Original jurisdiction
Appellate jurisdiction
Advisory jurisdiction

Question 15

What is original jurisdiction ?

Answer 15

It resolves disputes between two states , a group of states, the government and a state, and the government with one or more states on one side and few states on other side.
It an also transfer cases from one court to another . It can withdraw pending cases or dispose of them , igpf it feels they are identical or similar to each other.

Question 16

What is appellate jurisdiction ?

Answer 16

It allows the court to hear appeals from courts under them .

Question 17

When does the supreme court hear civil cases?

Answer 17

When it involves laws which are imp. To all the citizens of the country or if the high court asks the supreme court to decide a particular case.

Question 18

When does the supreme court hear criminal cases?

Answer 18

When the High court reverses an order of aqcuittal of an accused and sentences him/her to death
When the High court takes a case from the subordinate court and sentences the accused for death or imprisonment for life.
When the high court feels that the case is fit for supreme court

Question 19

When does supreme court hear to a constitutional case?

Answer 19

When the case involves interpretation of the constitution . It May be a civil or criminal case

Question 20

What is advisory jurisdiction ?

Answer 20

Supreme court has advisory jurisdiction on matters which are referred on it by the president . The president May choose to ignore the advise.
It can also punish for contemp of court. The supreme court keeps an record of the judgement which are binding ocpver all the other courts. It can review a judgement. It can also reverse a decision only in special cases.

Question 21

How many high courts are there in india ?

Answer 21

24

Question 22

Is a high court binding over other high courts

Answer 22

No

Question 23

What does each high court has?

Answer 23

It has a chief justice and other judges appointed by the president in consultation with Chief justice of India and the government of state concerned.

Question 24

What are the qualifications to be a high court judge?

Answer 24

He/she should be an Indian citizen
He/she should have held a judicial office for 10years or have been an advocate of the high court or other subordinate courts in secession for 10 years

Question 25

What is the tenure of a high court judge ?

Answer 25

62

Question 26

What are the powers and functions of the high court?

Answer 26

They are mainly judicial and administrative .
Judicial- it can not only hear cases from lower courts, but also can be approached directly if the case deals with state revenue, marriage law etc.
Administrative-it supervises the functions of lower courts. It can make rules and regulate their practice too. It can withdraw cases from lower courts if it bears a question of low of general importance.
It is also a court of records as it keeps record of all its rulings and decisions for further use as precedents.

Question 27

What are subordinate courts?

Answer 27

There are many lower courts below the high court,and these courts are called subordinate courts.

Question 28

What are civil courts ?

Answer 28

Are courts that deal with civil cases. The Court Of District Judge. Is the highest civil court in a district.

Question 29

What are criminal courts?

Answer 29

Courts that deal with criminal cases. The Court of The Sessions Judge is the highest criminal court in a district.

Question 30

What are revenue courts?

Answer 30

Are courts that deal with any kind of taxation and also cases that involve collection and assessment of land. The Board Of Revenue is the highest court of revenue in a district .

Question 31

What are nyaya panchayats?

Answer 31

Nyaya panchayats are courts that try petty civil and criminal cases at village level. Local ppl constitute the nyaya panchayat. There is 1 nyaya panchayat for every 3-4 villages. If ppl are not happy with the decision made by it , they can approach district courts

Question 32

What are lok adalats?

Answer 32

The word Lok adalats means ‘ppls court’. It is a voluntary organisation that resolves disputes between ppl. Ppl who have been in the legal prof. And eminent social workers are a part of the lok adalat. The Legal Services Authorities Act , 1987, has legalised lok adalats. The decision of the lok adalat is binding on both the parties involved in the dispute. The act also ensures that if a dispute is resolved , the court fees paid by the parties is refunded.

Question 33

Write a note on independence of judiciary.

Answer 33

Judiciary plays a very imp. Role in the overall developement of the economy as they control distribution of rights and powers among the citizens and organisation of the country. Independence also keeps a check on the legislature and the executive. Judicial independe is gauranteed by the Indian constitution as a supreme court judge retires at the age of 65 and a high court judge at the age of 62. Judges are also granted some pension , leaves and privileges. Removal Of judges also involves the approval of the president and the 2 houses of the parliament . The supreme court, the High court and some district courts that act as a court of record also go a long way in maintaining the independence of the judiciary.