Judicial Review in Indian Constitution

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Questions and Answers

What are the primary functions of the judiciary in India?

The primary functions of the judiciary in India are to interpret laws, punish law violators, and protect citizens' rights.

What is the highest court in the Indian judiciary and where is it located?

The highest court in the Indian judiciary is the Supreme Court, located in Delhi.

How many judges, including the chief justice, make up the Supreme Court?

The Supreme Court consists of the chief justice and 30 other judges.

What are the qualifications required to be a judge of the Supreme Court?

A Supreme Court judge must be an Indian citizen with at least five years as a High Court judge or ten years as an advocate, or be a distinguished jurist. Signup and view all the answers

What is the term of office for judges of the Supreme Court, and under what conditions can they be removed?

Judges serve until they turn 65 years of age and can only be removed for proven misbehaviour or incapacity by a two-thirds majority in Parliament. Signup and view all the answers

What are the three types of jurisdiction held by the Supreme Court?

The Supreme Court has original, appellate, and advisory jurisdiction. Signup and view all the answers

What does original jurisdiction in the context of the Supreme Court imply?

Original jurisdiction allows the Supreme Court to hear cases for the first time, especially those involving disputes between states or significant societal issues. Signup and view all the answers

What is the role of the president in the appointment of judges to the Supreme Court?

The president appoints the chief justice and judges of the Supreme Court based on the advice of the council of ministers and the chief justice. Signup and view all the answers

What is the advisory jurisdiction of the Supreme Court of India?

It involves advising the president and interpreting laws before the president signs a bill. Signup and view all the answers

Define judicial review in the context of the Indian judiciary.

Judicial review is the power of the judiciary to interpret the constitution and declare laws void if they conflict with it. Signup and view all the answers

What is a court of record and why is it significant?

A court of record permanently records its proceedings and decisions, which serve as precedents for other courts. Signup and view all the answers

Explain the writ of habeas corpus.

The writ of habeas corpus is issued to address illegal detentions, ensuring a person's freedom by demanding their presence in court. Signup and view all the answers

What role does the High Court play in the Indian judiciary?

The High Court is the highest state-level court, overseeing subordinate courts and ensuring the protection of fundamental rights. Signup and view all the answers

What qualifications must one have to become a judge of the High Court in India?

A candidate must have held a judicial office or been an advocate in a High Court for at least 10 years. Signup and view all the answers

What is the term limit for a High Court judge in India?

A High Court judge may hold office until the age of 62, unless they resign or are removed earlier. Signup and view all the answers

How do subordinate courts function within the Indian judiciary?

Subordinate courts, like District and Sessions Courts, handle civil and criminal cases under the supervision of the High Court. Signup and view all the answers

What power does the High Court have over lower courts?

The High Court can issue directives and review records of proceedings in subordinate courts to ensure proper administration of justice. Signup and view all the answers

What is a writ of mandamus?

A writ of mandamus is a court order compelling a public authority to fulfill its duty when it has failed to do so. Signup and view all the answers

Study Notes

Overview of the Judiciary

The judiciary is the third branch of the government, responsible for interpreting laws, punishing law violators, and protecting citizens' rights.
India's judiciary is divided into three levels: Supreme Court, High Courts, and Subordinate Courts.

The Supreme Court

The Supreme Court is the highest court in India, located in Delhi, and serves as the central government's judiciary branch.
Chief Justice and 30 other judges compose the Supreme Court; the president appoints them based on the Council of Ministers' advice.
Qualifications for a Supreme Court judge include being an Indian citizen, having served as a High Court judge for five years, having at least ten years of experience as an advocate, or being a distinguished jurist.

Terms of Office

Supreme Court judges serve until they reach 65 years of age; they cannot be removed by the president without a two-thirds majority vote in Parliament.
Impeachment of a Supreme Court judge requires proof of misbehaviour or incapacity.

Jurisdiction

Jurisdiction types: original (hearing cases for the first time), appellate (reviewing cases from High Courts), and advisory (offering legal opinions to the president).
The Supreme Court has exclusive original jurisdiction over disputes between states and cases involving societal importance.

Judicial Review

The Supreme Court possesses the power of judicial review, allowing it to declare laws or orders void if they conflict with the Constitution.

Court of Record

Operates as a court of record; maintains a permanent record of judicial proceedings.
Rulings set precedents for other courts and include powers to fine and imprison for contempt.

Writs

Empowered to issue various writs, including:
- Habeas Corpus: Protects against illegal detention, enabling the court to order a detainee's release.
- Mandamus: Commands public authorities to fulfill their duties when they fail to act.

Legal Authority

The Supreme Court's decisions are final and binding on all lower courts, ensuring uniformity in legal interpretations across India.
Exemption exists for laws pertaining to armed forces.

The High Court

The High Court supervises the judicial system at the state level, led by a chief justice and judges appointed by the president with consultation from the chief justice of the Supreme Court and the state governor.
High Court judges must either hold a previous judicial office or have ten years' experience as advocates.

Terms of Office in High Courts

High Court judges serve until the age of 62, with provisions for resignation or removal by the president.
Judges can be transferred between courts or appointed to the Supreme Court.

Functions of the High Court

Authorized to issue writs and protect citizens' Fundamental Rights.
Oversees Subordinate Courts, ensuring proper record-keeping and the handling of significant legal matters.

Subordinate Courts

Comprise District and Sessions Courts, Provincial Courts, and Nyaya Panchayats.
District judges are appointed by the governor in consultation with the High Court.
Address civil and criminal cases, with uniform structures and functions across the country, supervised by state High Courts.

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Description

This quiz explores the concept of advisory jurisdiction and the power of judicial review held by the Supreme Court of India. Understand how the Supreme Court interprets laws and can review legislation passed by Parliament or state legislatures. Test your knowledge on this crucial aspect of the Indian legal system.