Podcast
Questions and Answers
The judiciary is the third branch of the ______.
The judiciary is the third branch of the ______.
government
The highest court of the Indian judiciary is the ______.
The highest court of the Indian judiciary is the ______.
Supreme Court
Judges of the Supreme Court are appointed by the ______.
Judges of the Supreme Court are appointed by the ______.
president
A judge of the Supreme Court must have been a judge in a ______ for at least five years.
A judge of the Supreme Court must have been a judge in a ______ for at least five years.
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The chief justice and judges of the Supreme Court serve until they complete ______ years of age.
The chief justice and judges of the Supreme Court serve until they complete ______ years of age.
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The Supreme Court has three kinds of jurisdiction: original, appellate, and ______.
The Supreme Court has three kinds of jurisdiction: original, appellate, and ______.
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Original jurisdiction includes hearing disputes between ______ and the union government.
Original jurisdiction includes hearing disputes between ______ and the union government.
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A judge can only be removed on grounds of proven ______.
A judge can only be removed on grounds of proven ______.
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Judicial review refers to the power of the judiciary to interpret the ______.
Judicial review refers to the power of the judiciary to interpret the ______.
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A writ of ______ is used to protect a person's freedom when they are detained illegally.
A writ of ______ is used to protect a person's freedom when they are detained illegally.
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The Supreme Court acts as a court of ______, meaning its rulings are recorded and serve as precedents.
The Supreme Court acts as a court of ______, meaning its rulings are recorded and serve as precedents.
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A judge of the High Court may hold office until the age of ______.
A judge of the High Court may hold office until the age of ______.
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The High Court is headed by the chief ______.
The High Court is headed by the chief ______.
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Subordinate courts include the District and Sessions Courts and the ______ Panchayats.
Subordinate courts include the District and Sessions Courts and the ______ Panchayats.
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The Supreme Court of India is empowered to issue ______, which are formal written orders.
The Supreme Court of India is empowered to issue ______, which are formal written orders.
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A candidate for the High Court must have held a judicial office or been an advocate for ______ years.
A candidate for the High Court must have held a judicial office or been an advocate for ______ years.
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The High Court has power over all the ______ courts in the state.
The High Court has power over all the ______ courts in the state.
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Judicial review allows the Supreme Court to declare a law void if it conflicts with the Constitution of ______.
Judicial review allows the Supreme Court to declare a law void if it conflicts with the Constitution of ______.
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Study Notes
Judiciary Overview
- The judiciary is the third branch of government, responsible for interpreting laws, punishing law violators, and protecting citizens' rights.
- Comprises three levels: Supreme Court, High Courts, and Subordinate Courts.
The Supreme Court
- Highest court in India, located in Delhi.
- Responsible for interpreting the Constitution and legislative laws.
- Judgements are binding on all lower courts.
Composition and Structure
- Consists of the Chief Justice and 30 other judges.
- Chief Justice is appointed by the President based on council advice.
- Other judges are appointed by the President with advice from both the Council of Ministers and the Chief Justice.
Qualifications for Supreme Court Judges
- Must be an Indian citizen with at least 5 years as a High Court judge or 10 years as a High Court advocate.
- Should be recognized as a distinguished jurist in the President's opinion.
Terms of Office
- Judges serve until 65 years of age.
- Their removal requires proven misbehavior and a two-thirds majority vote in both Houses of Parliament.
Powers and Functions
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Jurisdiction Types:
- Original jurisdiction: Exclusive right to hear cases involving disputes between states or between states and the union government.
- Appellate jurisdiction: Right to hear appeals from lower High Courts.
- Advisory jurisdiction: Advising the President or interpreting laws prior to signing bills.
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Judicial Review: The power to interpret the Constitution and declare laws void if conflicting with the Constitution.
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Court of Record: Maintains permanent records of proceedings, sets legal precedents, and can punish for contempt.
Issuing of Writs
- The Supreme Court can issue writs to enforce rights:
- Habeas Corpus: Protects individuals from illegal detention; court can order release.
- Mandamus: Commands public officials to perform their duty when they fail to do so.
Final Authority
- The Supreme Court's decisions are final and uniform across India, with the exception of military law.
The High Court
- The highest court at the state level, led by a Chief Justice and other judges as deemed necessary by the President.
- Judges are appointed in consultation with the Chief Justice of the Supreme Court and the state governor.
Qualifications for High Court Judges
- Must have held a judicial office or been an advocate for at least 10 years.
Terms of Office
- High Court judges serve until 62 years of age and may resign or be removed by the President. They can also be transferred to different courts.
Functions of High Court
- Issues writs and orders to protect Fundamental Rights.
- Oversees subordinate courts, can demand their records, and ensure uniformity in constitutional interpretation.
Subordinate Courts
- Comprise District and Sessions Courts, Provincial Courts, and Nyaya Panchayats.
- District judges appointed by the Governor with High Court consultation.
- Handle civil (property, contract) and criminal (theft, murder) cases.
- Uniform structure and function across the country, supervised by the state High Courts.
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Description
Explore the structure and functions of the Indian judiciary, focusing on its three levels: the Supreme Court, High Courts, and Subordinate Courts. This quiz will help you understand the role of the judiciary in interpreting laws, punishing violations, and protecting citizen rights.
