The Union Government: The Judiciary
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Questions and Answers

What is the term used for the binding decisions of the High Court that lower courts must follow?

  • Decision
  • Judgement
  • Precedent (correct)
  • Precedence

What power does the Supreme Court possess in relation to laws passed by Parliament or State legislatures?

  • To declare laws unconstitutional and invalid. (correct)
  • To propose new laws for consideration by parliament.
  • To veto laws that are considered unconstitutional.
  • To amend laws that are deemed to be unjust.
  • To enforce laws that are deemed to be just.

What specific role does the Supreme Court play in the Indian judicial system?

  • It serves as the primary court for all criminal cases.
  • It acts as the final court of appeal for all cases.
  • It oversees the functioning of all lower courts.
  • It handles all cases involving fundamental rights violations.
  • It ensures that all laws comply with the Constitution. (correct)

Which of the following is NOT a type of court found within the subordinate court system?

<p>Constitutional Courts (B)</p> Signup and view all the answers

What is the role of the District Court in the subordinate court system?

<p>To act as the highest court for civil cases within a district. (B)</p> Signup and view all the answers

Who is responsible for appointing judges to the District Court?

<p>The Governor in consultation with the High Court (C)</p> Signup and view all the answers

What is the primary function of Revenue Courts?

<p>To oversee the collection of taxes and revenues. (A)</p> Signup and view all the answers

What is the primary purpose of the 'Nyaya Panchayat' system?

<p>To provide alternative dispute resolution for civil cases. (A)</p> Signup and view all the answers

Which of the following is NOT a qualification to become a judge of the High Court?

<p>Being a distinguished jurist in the opinion of the President of India (B)</p> Signup and view all the answers

What is the main difference in the appointment process for the Chief Justice of the High Court compared to other judges?

<p>The appointment of the Chief Justice requires consultation with the Chief Justice of India, while other judges do not. (C)</p> Signup and view all the answers

How does the Supreme Court of India differ from the High Court of India?

<p>The Supreme Court is responsible for the protection of the Constitution, while the High Court is not. (D)</p> Signup and view all the answers

What is the difference in the composition of the Supreme Court and the High Court?

<p>The Supreme Court has a Chief Justice and a fixed number of judges, while the High Court has a Chief Justice and a variable number of judges. (D)</p> Signup and view all the answers

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

<p>It recommends judges for appointment to the President. (D)</p> Signup and view all the answers

What is the significance of the Supreme Court of India being described as the "protector of the Constitution"?

<p>It has the power to interpret the Constitution and ensure its proper implementation. (B)</p> Signup and view all the answers

How does the High Court function within the judicial system?

<p>It operates under the supervision and guidance of the Supreme Court. (C)</p> Signup and view all the answers

What is the primary difference between the qualifications for becoming a judge of the Supreme Court and a judge of the High Court?

<p>The Supreme Court requires a distinguished jurist designation, while the High Court does not. (D)</p> Signup and view all the answers

At what age does a judge of a High Court retire?

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

What is the monthly salary of the Chief Justice of India?

<p>2.8 lakhs (C)</p> Signup and view all the answers

What is the main basis for the removal of a judge in India?

<p>Impeachment for proven misbehaviour (D)</p> Signup and view all the answers

Which of the following statements about the powers of the Supreme Court is correct?

<p>It can settle disputes between the Centre and the States. (A)</p> Signup and view all the answers

What privileges do judges enjoy upon retirement?

<p>Pension on retirement (D)</p> Signup and view all the answers

Which of the following is not a ground for the removal of a Supreme Court judge?

<p>Political pressure (A)</p> Signup and view all the answers

Which is the correct statement regarding the Chief Justice of a High Court's salary?

<p>2.5 lakhs per month (B)</p> Signup and view all the answers

Under which jurisdiction does the High Court have limited powers?

<p>Fundamental Rights violations (D)</p> Signup and view all the answers

What type of cases can the Supreme Court hear under its appellate jurisdiction?

<p>Constitutional, civil, and criminal cases (C)</p> Signup and view all the answers

What role does the judiciary play in a federal government?

<p>It serves as the final interpreter of the Constitution. (B)</p> Signup and view all the answers

What is the advisory role of the Supreme Court in India?

<p>To advise the President on matters of law or constitution (A)</p> Signup and view all the answers

Under which jurisdiction can the Supreme Court review its own decisions?

<p>Appellate jurisdiction (B)</p> Signup and view all the answers

Which characteristic is essential for the independence of the judiciary?

<p>It should be impartial and unbiased. (C)</p> Signup and view all the answers

What type of cases does a High Court typically hear under its appellate jurisdiction?

<p>Civil and criminal cases against lower court decisions (D)</p> Signup and view all the answers

What type of legal cases do civil laws address?

<p>Disputes over property and marriage (A)</p> Signup and view all the answers

What does the supervisory jurisdiction of the Supreme Court entail?

<p>To oversee all subordinate courts under its control (C)</p> Signup and view all the answers

What initiates a criminal case in India?

<p>Lodging of an FIR (D)</p> Signup and view all the answers

Which court is considered the highest judicial authority in India?

<p>Supreme Court (B)</p> Signup and view all the answers

What is meant by 'Court of Record' in relation to High Courts?

<p>The judgments are authoritative and can serve as legal precedents (D)</p> Signup and view all the answers

Who can seek the advisory opinion from the Supreme Court?

<p>State governments or governors (A), The President of India (B)</p> Signup and view all the answers

What is the structure of the Indian judicial system?

<p>A unified system with the Supreme Court, High Courts, and subordinate courts (D)</p> Signup and view all the answers

What action can be taken by a High Court regarding contempt of court?

<p>Start contempt proceedings against individuals (C)</p> Signup and view all the answers

What happens if a crime is proven in a criminal case?

<p>The accused can be fined or jailed, or both. (C)</p> Signup and view all the answers

Which court is the lowest in the hierarchy of the Indian judicial system?

<p>Court of Magistrate (C)</p> Signup and view all the answers

Which of the following court(s) is/are beneath the District Court?

<p>Sub-Judges (A), Munsifs (B)</p> Signup and view all the answers

What is the main objective of the "Lok Adalats"?

<p>Providing swift and cost-effective justice (C)</p> Signup and view all the answers

Which of the following is NOT a feature of Lok Adalats?

<p>Participation of lawyers representing parties (A)</p> Signup and view all the answers

Who is credited with introducing the concept of Lok Adalats?

<p>A former Chief Justice of India (D)</p> Signup and view all the answers

What is the main purpose of Public Interest Litigation (PIL)?

<p>Addressing issues of public concern even without formal complaints (A)</p> Signup and view all the answers

Which of the following is NOT a usual subject addressed under Public Interest Litigation?

<p>Private land ownership disputes (A)</p> Signup and view all the answers

What is the primary reason mentioned in the text for the creation of Public Interest Litigation?

<p>To make justice more accessible to the disadvantaged (D)</p> Signup and view all the answers

How does the text describe the impact of Lok Adalats and Public Interest Litigation on the Indian judicial system?

<p>They have significantly improved the efficiency and accessibility of justice for the underprivileged. (D)</p> Signup and view all the answers

Flashcards

Judiciary

The branch of government responsible for interpreting laws and ensuring justice is served.

Independence of Judiciary

The power of the judiciary to operate independently, free from influence by other branches of government.

Civil Cases

Legal cases that involve disputes between individuals or organizations, concerning property, contracts, or personal rights.

Criminal Cases

Legal cases that involve criminal offenses against society, such as theft, assault, or murder.

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FIR (First Information Report)

The first report filed with the police when a crime is reported, providing initial details about the incident.

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Supreme Court of India

The highest court in India, responsible for interpreting the Constitution and ensuring justice across the country.

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High Courts

Courts located within each state, responsible for handling legal matters within their respective jurisdictions.

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Court of Magistrate

The lowest level of courts in India, dealing with local cases and supervised by the High Court.

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Supreme Court's Role

The Supreme Court is the final court of appeal and protector of the Indian Constitution.

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Supreme Court Composition

The Supreme Court consists of a Chief Justice and a maximum of 31 other judges.

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Supreme Court Judge Appointments

The President appoints Supreme Court judges based on recommendations from the Collegium System, consisting of the Chief Justice and four senior judges.

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High Court of India

A High Court in India operates under the supervision of the Supreme Court and is part of the integrated judicial system.

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High Court Composition

Each High Court has a Chief Justice and other judges, with the number varying based on the state's size and population.

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High Court Judge Appointments

The President appoints the Chief Justice of a High Court in consultation with the Chief Justice of India and the relevant state's Governor.

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High Court Judge Qualifications

A judge of a High Court must be a citizen of India, an advocate with 10+ years of experience, or a distinguished jurist.

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Original Jurisdiction of the Supreme Court

The Supreme Court can hear and decide disputes between the central government and one or more states, between the central government and a group of states on one side and another group of states on the other, or between two or more states.

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Tenure and Removal of Supreme Court Judges

The Chief Justice and other judges of the Supreme Court serve until they reach the age of 65. They can only be removed from office through impeachment, a process involving both houses of Parliament.

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Salary and Allowances of Supreme Court Judges

The Chief Justice of India receives a monthly salary of 2.8 lakh rupees, while other judges receive 2.5 lakhs. They also get benefits like official residences, leave, and pensions.

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Tenure and Removal of High Court Judges

A judge of a High Court can serve until the age of 62. They can be removed through impeachment by the President, based on a resolution passed by both houses of Parliament.

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Salary and Allowances of High Court Judges

The Chief Justice of a High Court earns 2.5 lakh rupees per month, while other judges earn 2.25 lakhs. They also have benefits like official residences, cars, and other allowances.

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Post-Retirement Practice for High Court Judges

Judges of the High Court can practice law after retiring, but only in the High Court or Supreme Court, not in lower courts.

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Original Jurisdiction of High Courts

High Courts have limited original jurisdiction, primarily in cases involving violation of fundamental rights, disputes related to elections of MPs or MLAs, and other specific matters.

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Appointment of High Court Judges to the Supreme Court

A High Court judge can be appointed as a judge in the Supreme Court.

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Appellate Jurisdiction (Supreme Court)

The Supreme Court has the power to hear appeals from lower courts on matters related to the Constitution, civil and criminal cases, including death sentences, and can review its own previous decisions.

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Appellate Jurisdiction (High Court)

The High Court hears appeals on civil and criminal cases against lower court decisions, also handling cases like marriage, divorce, and wills.

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Advisory Jurisdiction

The Supreme Court can provide its opinion on matters of law or the Constitution when requested by the President of India. Its opinion is not binding, meaning the President doesn't have to follow it.

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Who can request the Supreme Court's advice?

The President of India can ask the Supreme Court for its opinion on legal or constitutional matters.

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Supervisory Jurisdiction

This power allows the Supreme Court to oversee the functioning of all lower courts in the country.

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Supervisory Jurisdiction (High Court)

The High Court has control over all lower courts in its state, ensuring their proper operation.

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Court of Record (High Court)

The judgments of the High Court are considered authoritative and set precedents for similar cases in the future.

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Court of Record

Proceedings of the courts are carefully preserved, allowing them to be used as precedents in future cases.

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What are precedents in the Indian judicial system?

Decisions made by higher courts that lower courts must follow.

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What is Judicial Review?

The power of the Supreme Court to review and invalidate laws or executive actions that violate the Constitution.

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Why is the Supreme Court considered the protector of fundamental rights?

The Supreme Court of India is responsible for protecting and enforcing the fundamental rights of citizens.

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What role does the Supreme Court play as the guardian of the Constitution?

The Supreme Court acts as the final interpreter of the Constitution, ensuring all branches of government follow its provisions.

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What are Subordinate Courts?

Lower courts at the district level and below, supervised by the High Court.

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What are Civil Courts?

Courts that handle disputes between individuals or organizations regarding property, contracts, or personal rights.

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What are Criminal Courts?

Courts that deal with criminal offenses such as theft, assault, or murder.

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What are Revenue Courts?

Courts that handle cases related to land revenue and related matters.

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Family Courts

Courts that deal with matters related to families, such as divorce or child custody.

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Courts of Munsifs

The lowest level of courts in India, primarily handling local cases and supervised by the High Court.

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Public Interest Litigation (PIL)

A legal case initiated by someone from the public, even if they are not directly involved, to address a matter of public interest.

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Lok Adalats

People's Courts that aim to provide fast and affordable justice by settling disputes through compromise and mutual agreement.

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Revenue Courts

These courts handle cases related to revenue matters, like land disputes and taxes.

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Revenue Courts

These courts handle cases related to revenue matters, like land disputes and taxes.

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Study Notes

The Union Government: The Judiciary

  • A federal government needs a judiciary to interpret the constitution and resolve disputes, including civil and criminal cases.
  • India has an independent and integrated judicial system.
  • Justice requires an impartial judiciary, free from executive or legislative pressure.

Types of Cases

  • Civil cases involve property, marriage, money, or individual rights disputes.
  • Criminal cases involve offences like robberies, murders, violence, and more. Criminal cases start with an FIR (First Information Report).
  • After investigation, the accused is either jailed, fined, or both.

Single Unified and Integrated Judicial System

  • India has a single, unified judicial system for the entire country.
  • The Supreme Court is the highest authority, overseeing lower courts.
  • Supreme Court rulings are binding on all courts in the country.
  • High Courts are at the state level, supervising subordinate courts.
  • Lower courts like Magistrate Courts can have their judgements reviewed in higher courts.

Supreme Court of India

  • Highest judicial body in India, established January 26, 1950.
  • Located in New Delhi, it protects the constitution.
  • Consists of a Chief Justice and up to 31 other judges appointed by the President.

Composition of the Supreme Court

  • Judges are appointed by the President of India after consulting with colleagues from Supreme Court
  • The Chief Justice being the most Senior.

Qualifications of the Supreme Court Judges

  • Must be a citizen of India.
  • Must have been a High Court judge or any other two courts for at least five years.
  • Must be a distinguished jurist in the opinion of the President.

Tenure

  • The Chief Justice and other judges serve until age 65.
  • Removal from office can only happen due to proved misbehaviour or incapacity.

Salary and Allowances

  • Chief Justice receives ₹2.8 lakhs per month.
  • Other judges get ₹2.5 lakhs per month.
  • Allowances such as official residence, leave, benefits on retirement.

High Court of India

  • Subordinate Courts in every district, overseen by the High Court.
  • Comprises a Chief Justice and other judges.
  • Judges' numbers vary by State population.
  • Appointed by the Indian President with consultation from the Chief Justice of India and the state Governor.

Qualifications of High Court Judges

  • Must be a citizen of India.
  • An advocate in one or more high courts or holder of judicial office in subordinate courts for 10 years.

Tenure of High Court Judges

  • Judges typically retire at the age of 62.
  • Removed by the President due to impeachment.
  • Transfer to the Supreme Court is possible.

Salary and Allowances of High Court Judges

  • Chief Justice is given ₹2.5 lakhs, and other judges are given ₹2.25 lakhs per month.
  • Benefits include free residence, official vehicles, other allowances.

Original Jurisdiction of the Supreme Court

  • Resolves disputes between the Centre and states, and among states.

Appellate Jurisdiction of the Supreme Court

  • Supreme Court hears appeals in constitutional cases, criminal cases from High Courts, and cases involving lower court decisions leading to the death sentence.

Advisory Jurisdiction

  • The President can seek opinions from the Supreme Court on important questions of law or fact.
  • This opinion is not legally binding, merely advisory.

Supervisory Jurisdiction

  • The Supreme Court supervises all lower courts in the country.

Court of Record

  • High Court judgments are treated as authoritative precedents.
  • The Supreme Court maintains records of all court proceedings.

Judicial Review

  • Supreme Court has the power to review laws or governmental actions, declaring them unconstitutional if necessary. This power checks the balance of power among different branches/arms of the government.
  • This power protects the rights of citizens and safeguards the constitution. In cases of disputes on the fundamental rights, matters are taken to the Supreme Court.

Powers and Functions of High Courts

  • Limited original jurisdiction in fundamental rights cases, MPs/MLAs elections and more.
  • Appellate jurisdiction: High court hears appeals from lower courts in civil and criminal cases.
  • Advisory Jurisdiction: To advise state government or Governor on legal/constitutional matters.
  • Supervisory Jurisdiction: Control and guidance of subordinate courts in that state.

Civil Courts, Criminal Courts and Revenue Courts

  • Civil courts deal with civil matters in districts.
  • Criminal cases are heard in District Sessions Courts.
  • Magistrates' courts are lower criminal courts.
  • Revenue courts deal with land revenue matters.

Lok Adalats

  • 'People's Courts' for speedy resolution of disputes.
  • Informal methods involving retired judges.

Public Interest Litigation (PIL)

  • Individuals can file cases not involving themselves but affecting the public interest.
  • Brings attention to issues like inadequate transport and unhealthy sanitation, particularly benefiting vulnerable groups.

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Civics Notes - The Union Government - The Judiciary - D.A.V. Public School, Thane - PDF

Description

Explore the structure and functions of India's judiciary in this quiz. Understand the differences between civil and criminal cases, and learn about the roles of the Supreme Court and lower courts. Test your knowledge of the independent and integrated judicial system in India.

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