The Indian Judiciary Overview

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Questions and Answers

What was the main reason for the expulsion of the children from school?

  • They were late to school frequently.
  • They failed to pay tuition fees.
  • They were disrespectful to teachers.
  • They refrained from singing along to the national anthem. (correct)

What was the outcome of the father's appeal to the Supreme Court?

  • The court confirmed the High Court's decision.
  • The court ruled in favor of the children and ordered their readmission. (correct)
  • The court mandated the children to sing the anthem.
  • The case was dismissed due to lack of evidence.

How did the Supreme Court justify its decision regarding the national anthem?

  • By stating that all citizens must sing the anthem.
  • By emphasizing the tradition and philosophy of tolerance. (correct)
  • By declaring that legal provisions require participation in national ceremonies.
  • By citing constitutional provisions against silent protest.

What is the purpose of mobile courts in the Indian judicial system?

<p>To expedite justice for those in remote areas. (A)</p> Signup and view all the answers

What does 'jurisdiction' refer to in the context of legal matters?

<p>The authority to enforce laws and rules. (D)</p> Signup and view all the answers

What is the highest age at which a High Court judge can retire?

<p>62 years (B)</p> Signup and view all the answers

Which entity is responsible for appointing the Chief Justice of the High Court?

<p>The Chief Justice of India (C), The Governor of the State (D)</p> Signup and view all the answers

Which jurisdiction allows the High Court to supervise the lower courts?

<p>Supervisory Jurisdiction (B)</p> Signup and view all the answers

What is the minimum experience required to be appointed as a High Court judge as an advocate?

<p>Ten years (C)</p> Signup and view all the answers

In which type of case can an individual not be arrested or imprisoned?

<p>Civil case (B)</p> Signup and view all the answers

Which court is the highest in the district for civil cases?

<p>District Court (D)</p> Signup and view all the answers

What action can lead to the impeachment of a High Court judge?

<p>Charges of misconduct (A)</p> Signup and view all the answers

Which of the following jurisdictions allows the High Court to enforce fundamental rights?

<p>Original Jurisdiction (D)</p> Signup and view all the answers

What is the role of the judiciary in a democracy?

<p>To uphold the law and protect citizens' rights (B)</p> Signup and view all the answers

What is the unique feature of the Indian judiciary?

<p>It is single, integrated, and unified (B)</p> Signup and view all the answers

Who appoints the Chief Justice of the Supreme Court in India?

<p>The President of India (C)</p> Signup and view all the answers

What power does the Supreme Court hold regarding laws made by the government?

<p>To declare any law illegal not in accordance with the Constitution (A)</p> Signup and view all the answers

What is meant by 'judicial review'?

<p>The process by which courts evaluate the legality of laws (C)</p> Signup and view all the answers

What authority does the Supreme Court have concerning contempt of court?

<p>It can punish anyone for contempt of any law court in India (D)</p> Signup and view all the answers

What is the Supreme Court's advisory jurisdiction?

<p>To provide non-binding advice to the President and Council of Ministers (D)</p> Signup and view all the answers

How many judges are there in the Supreme Court of India including the Chief Justice?

<p>25 judges (B)</p> Signup and view all the answers

What type of offenses does a criminal dispute typically involve?

<p>Wrongs against society or the state (C)</p> Signup and view all the answers

What is a potential consequence of a criminal matter for the offender?

<p>They may be fined, arrested, or imprisoned (D)</p> Signup and view all the answers

What was the main reason Bhole Ram lost his case in the Nyaya Panchayat?

<p>Mahipal Singh had more power and influence (C)</p> Signup and view all the answers

What did the High Court ultimately conclude about the agreement between Bhole Ram and Mahipal Singh?

<p>It was illegal due to fraud against an illiterate person (D)</p> Signup and view all the answers

What assistance did Bhole Ram receive during his appeal to the High Court?

<p>Guidance from an NGO specializing in legal aid (C)</p> Signup and view all the answers

How was the amount of interest Bhole Ram was to repay determined by the High Court?

<p>By the rates of rural cooperative banks (B)</p> Signup and view all the answers

Which of the following best characterizes the nature of the judicial decisions in this case?

<p>They were influenced by social and economic power dynamics (A)</p> Signup and view all the answers

What remains a significant issue highlighted by Bhole Ram's case?

<p>The vulnerability of illiterate individuals in legal matters (C)</p> Signup and view all the answers

What would have happened to Bhole Ram if there had been no provision for appeal?

<p>He would have lost his land. (B)</p> Signup and view all the answers

What is a key characteristic of Lok Adalats?

<p>They allow direct interaction with the judge. (D)</p> Signup and view all the answers

How can decisions made by Lok Adalats be disputed?

<p>Parties can appeal to a higher court if they disagree. (A)</p> Signup and view all the answers

What distinguishes the Indian judiciary from the American system?

<p>The Indian judiciary is a single, unified system. (D)</p> Signup and view all the answers

What is a writ in the context of the Indian judiciary?

<p>A court order to safeguard fundamental rights. (B)</p> Signup and view all the answers

What scenario is presented in the case study regarding fundamental rights?

<p>Students were punished for refusing to sing the national anthem due to religious beliefs. (A)</p> Signup and view all the answers

Which of the following best describes the benefits of Lok Adalats for the economically disadvantaged?

<p>They offer a quick and free resolution for disputes. (C)</p> Signup and view all the answers

In cases of fundamental rights violations, to which courts can citizens appeal?

<p>To the High Court or the Supreme Court. (B)</p> Signup and view all the answers

Flashcards

Jurisdiction

The power of a court to hear and decide cases.

Writ

A formal written order from a court.

Civil Dispute

A dispute between individuals or groups, not involving a crime.

Criminal Dispute

A dispute between a citizen and the government, alleging a crime.

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Mobile Courts

Courts that travel to different locations to provide justice.

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High Court

The highest court in each state, responsible for upholding the constitution and ensuring justice.

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Chief Justice of the High Court

The presiding judge of the High Court, appointed by the president.

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High Court Judges

Judges of the High Court appointed by the president after consulting the Chief Justice of India and the governor.

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High Court Judge Qualifications

A citizen of India with at least ten years' experience as a High Court advocate or a judicial officer.

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Original Jurisdiction of High Court

The High Court has the power to adjudicate on cases related to fundamental rights.

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Writs of the High Court

The High Court can issue writs, which are orders that direct a specific action or prevent one.

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Appellate Jurisdiction of High Court

The High Court can review decisions from lower courts.

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Subordinate Courts

Lower courts in a state, including district courts and courts below.

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What are criminal disputes?

Criminal disputes involve wrongs against society, such as theft, robbery, murder, or arson.

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Who brings criminal cases?

The government brings criminal cases against individuals.

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What's the goal of criminal law?

Criminal law focuses on punishing wrongdoings. This can involve fines, arrests, or imprisonment.

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What is appellate jurisdiction?

Appellate jurisdiction allows higher courts to review decisions of lower courts.

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What is overturning a decision?

When a higher court changes the decision of a lower court, it's called overturning.

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What was Bhole Ram's problem?

Bhole Ram was illiterate and signed a document without understanding its contents.

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What was the High Court's ruling?

The High Court recognized that Bhole Ram was tricked into signing the document, so the agreement was deemed unfair.

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What is the key lesson from this case?

It's crucial to protect vulnerable individuals from unfair contracts and ensure justice.

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What is the judiciary's role?

The body that upholds the law, punishes the guilty, and resolves disputes. It ensures the protection of citizens' basic rights and safeguards the constitution's supremacy.

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What does a single, integrated, and unified judiciary mean?

A system where a person dissatisfied with a lower court's verdict can appeal to a higher court.

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Describe the Supreme Court.

The highest court in India, headed by the Chief Justice, with 25 judges whose number can be increased by Parliament. The Chief Justice is appointed by the President, while other judges are appointed on the Chief Justice's recommendation.

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What is the Supreme Court's appellate jurisdiction?

The Supreme Court's power to hear appeals from High Court judgments in both civil and criminal cases.

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What is the Supreme Court's advisory jurisdiction?

The Supreme Court's role in advising the President and the Council of Ministers on constitutional and public importance issues, although the advice is not binding on the President.

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Explain judicial review.

The Supreme Court's ability to issue orders to enforce fundamental rights, provide compensation to victims, punish offenders, and declare laws or policies contradicting the Constitution as illegal.

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What are courts of record?

The Supreme Court maintains records of all cases and judgments.

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What is contempt of court?

Any act opposing or defying the authority of a court, which the Supreme Court has the power to punish.

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Lok Adalat

A system of alternative dispute resolution in India, used to resolve disputes quickly and cost-effectively.

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Unified Indian Judiciary

A legal structure where all courts in the country operate under the Supreme Court's authority, allowing appeals to higher courts for dissatisfied citizens.

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Justice

The right to a fair trial, access to justice, and protection of fundamental rights.

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Appeal

A legal process where a dissatisfied party can request a higher court to review the decisions of a lower court.

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Religious Freedom

The ability to express your religious beliefs without being forced to perform acts that go against your beliefs.

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Equality

The right to be treated without prejudice or discrimination.

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Fundamental Rights

A legal principle that ensures the rights of all citizens are protected by the courts.

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Study Notes

The Indian Judiciary

  • The judiciary is responsible for upholding laws, punishing the guilty, and resolving disputes.
  • It plays a crucial role in a democratic society by protecting citizens' rights and upholding the constitution.
  • The judiciary is independent from the executive and legislative branches of government.

The Supreme Court

  • The Supreme Court is the highest court in India, located in New Delhi.
  • It has a Chief Justice and, currently, 25 judges. The number of judges can be increased by Parliament.
  • The Chief Justice is appointed by the President, on the recommendation of the Chief Justice, and consultation with the Chief Justice of India and the Governor of the state.
  • Other judges are also appointed by the President, based on the Chief Justice's recommendations.
  • The Supreme Court has original, appellate, and advisory jurisdictions.
  • Judges retire at age 65.

High Courts

  • Each state (or a few clustered states) has a High Court.
  • The Chief Justice of the High Court is appointed by the President in consultation with the Chief Justice of India and the Governor.
  • Other judges are similarly appointed.
  • Qualifications for High Court judges include being a citizen of India; a High Court advocate with 10 years' experience; or a judicial officer with 10 years' experience.
  • Judges retire at age 62.

Structure of the Judiciary

  • The Indian judiciary is a unified system.
  • Lower court decisions can be appealed to higher courts.

Public Interest Litigation (PIL)

  • Citizens can bring cases to court when government actions negatively affect the public interest.
  • Courts can intervene and issue orders to prevent misuse of power or rectify public issues

Judicial Review

  • The Supreme Court has the power to review laws or actions by other branches of government and declare them invalid if those laws or actions are unconstitutional.
  • The court can order compensation to victims and provide punishment to offenders.

Court of Records

  • All cases and rulings of the Supreme Court are documented and maintained as court records.

Contempt of Court

  • The Supreme Court can punish those who disobey or disrespect the court's authority.
  • This can be any action that challenges the court's dignity.

Subordinate Courts

  • These are lower courts below the High Courts.
  • District Courts handle civil matters
  • Sessions Courts handle criminal cases
  • These involve specific courts (e.g. Civil Judge, Munsif, Chief Judicial Magistrate, etc.).

Lok Adalats

  • Lok Adalats ("people's courts") provide a conciliation-based way to settle disputes outside formal courts.
  • They are meant to be faster and less expensive.

Speedy Justice

  • Steps toward resolving cases more quickly.

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