Judiciary Overview in India

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Questions and Answers

What are the main functions of the judiciary?

The main functions of the judiciary are to interpret and explain laws, punish violators, and protect citizens' rights.

How is the composition of the Supreme Court structured?

The Supreme Court consists of the Chief Justice and 30 other judges.

What qualifications must one meet to become a judge of the Supreme Court?

A judge must be an Indian citizen, have served as a High Court judge for at least five years, have at least ten years of advocacy experience, or be a distinguished jurist.

What is the term limit for judges of the Supreme Court?

Judges serve until they complete 65 years of age. Signup and view all the answers

On what grounds can a Supreme Court judge be removed?

A Supreme Court judge can be removed for proven misbehavior, misuse of power, or incapacity. Signup and view all the answers

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

The three types of jurisdiction are original, appellate, and advisory. Signup and view all the answers

What does original jurisdiction entail for the Supreme Court?

Original jurisdiction allows the Supreme Court to hear cases for the first time, particularly disputes between states or cases of significant societal importance. Signup and view all the answers

What role does the President play in the appointment of Supreme Court judges?

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 of India. Signup and view all the answers

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

It allows the Supreme Court to advise the president on legal matters and interpret laws before they are signed. Signup and view all the answers

Define the concept of judicial review as exercised by the Supreme Court of India.

Judicial review is the power of the Supreme Court to declare laws or executive actions void if they conflict with the Constitution. Signup and view all the answers

What distinguishes a court of record from other courts?

A court of record keeps a permanent record of its proceedings and its judgments serve as binding precedents for lower courts. Signup and view all the answers

What is the purpose of the writ of habeas corpus?

The writ of habeas corpus is used to address illegal detention and ensure a person's freedom by ordering their appearance in court. Signup and view all the answers

Explain the writ of mandamus and its significance.

The writ of mandamus commands a public authority to fulfill a legal duty that they have neglected. Signup and view all the answers

What qualifications are required to become a judge of the High Court in India?

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

What is the term of office for a judge of the High Court?

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

What powers does the High Court hold over subordinate courts?

The High Court can issue writs, supervise proceedings of subordinate courts, and prescribe record-keeping methods. Signup and view all the answers

Identify the types of cases handled by subordinate courts in India.

Subordinate courts deal with civil cases like property disputes and criminal cases such as theft and murder. Signup and view all the answers

Who is responsible for the appointment of district judges in subordinate courts?

District judges are appointed by the governor in consultation with the High Court. Signup and view all the answers

Study Notes

Judiciary Overview

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

The Supreme Court

Established as the highest court in India, located in Delhi; serves as a central government branch.
Responsible for interpreting the Constitution and laws, with binding judgments.

Composition and Structure

Comprised of the Chief Justice and 30 other judges.
Chief Justice appointed by the president on the advice of the Council of Ministers.
Other judges appointed by the president, based on recommendations from the Council of Ministers and Chief Justice.

Qualifications for Judges

Must be an Indian citizen.
Have served at least five years as a High Court judge or ten years as an advocate in a High Court.
Recognized as a distinguished jurist by the president.

Terms of Office

Judges serve until the age of 65; cannot be removed by the president unless impeached.
Impeachment requires a two-thirds majority vote in both houses of Parliament on grounds of misbehavior or incapacity.

Powers and Functions

Jurisdictions include original, appellate, and advisory.
- Original jurisdiction: First hearings in disputes involving states or issues of public importance.
- Appellate jurisdiction: Reviews cases from High Courts upon appeal.
- Advisory jurisdiction: Advises the president on laws and can review bills before presidential assent.
Judicial review enables the Supreme Court to evaluate the constitutionality of laws and executive orders.
Operates as a court of record, maintaining permanent records of proceedings and judgments.

Issuing Writs

Authorized to issue writs for legal actions:
- Habeas Corpus: Protects against illegal detention; mandates presentation of detained individuals in court.
- Mandamus: Directs public officials to perform their duties when they fail to do so.

High Court

Heads the state-level judiciary, led by a Chief Justice and additional judges as appointed by the president.
Judges must have held a judicial office or practiced as advocates for at least ten years.
Can issue writs and oversee subordinate courts in the state.

Subordinate Courts

Include District and Sessions Courts, Provincial Courts, and Nyaya Panchayats.
Handle civil (e.g., property, contract disputes) and criminal cases (e.g., theft, murder).
Governed by the High Court of each state, ensuring uniformity in structure and functions across the country.

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Description

Explore the structure and responsibilities of the judiciary in India. This quiz covers key aspects such as the Supreme Court's role, qualifications for judges, and the overall composition of the judiciary. Test your knowledge about how this vital branch of government operates.