Understanding Independent Judiciary and Supreme Court

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Questions and Answers

What is the primary role of the judiciary in a society?

To provide political guidance to the government

To create laws that govern individuals

To oversee the executive functions of the government

To interpret laws and protect individual rights (correct)

Why is an independent judiciary considered essential in a democracy?

It solely resolves disputes between government bodies

It encourages the majority's viewpoint over minority rights

It ensures all individuals are subject to the same laws (correct)

It allows the government to act freely without legal constraints

What does the term 'rule of law' imply?

Laws must favor the wealthy and powerful

The government can bypass laws during emergencies

All individuals are treated equally under the law (correct)

Judicial decisions can be influenced by public opinion

What is one of the roles of the Indian Judiciary concerning the Constitution?

To interpret and ensure the Constitution is upheld Signup and view all the answers

How is the independence of the judiciary ensured?

By ensuring it is free from political pressure and external influence Signup and view all the answers

What principle prevents the judiciary from being restrained by other government organs?

The principle of rule of law Signup and view all the answers

In what way does the judiciary safeguard democracy?

By ensuring that laws are applied uniformly to all Signup and view all the answers

What happens if the judiciary lacks independence?

It could lead to arbitrary decisions influenced by politics Signup and view all the answers

What type of jurisdiction allows the Supreme Court to revisit legal issues and potentially reinterpret the law?

Appellate Jurisdiction Signup and view all the answers

In which situation can an individual directly approach the Supreme Court for remedy?

When a fundamental right has been violated Signup and view all the answers

What must the High Court do for a case to be eligible for appeal to the Supreme Court?

Certify the case involves a serious matter Signup and view all the answers

Which jurisdiction allows the President of India to seek guidance from the Supreme Court on public importance matters?

Advisory Jurisdiction Signup and view all the answers

What is the role of writs issued by the Supreme Court?

To provide direct orders to the executive branch Signup and view all the answers

When can a criminal case be appealed to the Supreme Court directly?

If the lower court imposes a death sentence Signup and view all the answers

Which of the following is true regarding the advisory powers of the Supreme Court?

The Supreme Court can choose whether or not to advise on specific matters Signup and view all the answers

What is the primary function of the Supreme Court's original jurisdiction?

To settle disputes involving the Union and State governments Signup and view all the answers

What is one primary concern regarding judicial activism as mentioned?

It may disrupt the balance among the three organs of government. Signup and view all the answers

In the context of the citizens' PIL, what is claimed as a priority by the slum residents?

The right to life. Signup and view all the answers

Which of the following is NOT a matter typically handled by the judiciary?

Issuing writs of Habeas Corpus. Signup and view all the answers

What are the two ways the Supreme Court can remedy the violation of rights?

By restoring fundamental rights through writs. Signup and view all the answers

What does judicial activism blur the line of distinction between?

The executive, legislature, and judiciary. Signup and view all the answers

Which of the following is part of the judiciary's role?

Protecting individual rights. Signup and view all the answers

What potential issue arises if the legislature and executive start engaging in judicial functions?

It may undermine the principles of democracy. Signup and view all the answers

What is the purpose of a Public Interest Litigation (PIL) in this context?

To remove slums and beautify the city. Signup and view all the answers

What type of jurisdiction allows the Supreme Court to directly consider cases without them first going to lower courts?

Original Jurisdiction Signup and view all the answers

Which of the following is NOT a type of writ that the Supreme Court can issue?

Injunction Signup and view all the answers

What responsibility does the Supreme Court have in its advisory jurisdiction?

To advise the President on public matters Signup and view all the answers

In what situation does the Supreme Court hold original jurisdiction?

When disputes arise between the Union and States Signup and view all the answers

What is one of the special powers of the Supreme Court of India?

To grant special leave to appeal Signup and view all the answers

Which of the following best describes the appellate jurisdiction of the Supreme Court?

It reviews and hears appeals from lower courts. Signup and view all the answers

What is a key feature of subordinate courts in the Indian judiciary?

They have limited authority over federal matters. Signup and view all the answers

What role does the Supreme Court fulfill in disputes among States?

It settles disputes and exercises original jurisdiction. Signup and view all the answers

What has contributed to the increased prestige of the judiciary in India?

Tensions between the judiciary and other branches of government Signup and view all the answers

What is one concern ordinary citizens have regarding the judiciary?

Witnesses may change testimonies to favor the rich Signup and view all the answers

Which statement accurately describes the judiciary in India?

It is independent and considered a powerful institution. Signup and view all the answers

What is one expectation that has arisen due to the judiciary's power?

Increased integrity and fairness in trials Signup and view all the answers

Why do some acquittals in court generate public scrutiny?

Wealth and influence may affect outcomes. Signup and view all the answers

What has been the impact of the tensions between the judiciary and other branches of government?

It has increased the judiciary's authority and respect. Signup and view all the answers

Which of the following is NOT an expectation placed on the judiciary due to its increased power?

Unquestionable rulings on all cases Signup and view all the answers

What is a concern regarding how witnesses interact with the legal system?

Witnesses are often influenced to alter testimonies by the powerful. Signup and view all the answers

Study Notes

Why Do We Need an Independent Judiciary?

Disputes in society are settled by an independent body which upholds the rule of law.
This means that all individuals, regardless of social status, are subject to the same laws.
The judiciary protects the rule of law, ensuring the supremacy of the law, safeguarding individual rights, resolving disputes, and preventing the democratic system from becoming a dictatorship.
To fulfill these roles, the judiciary must be independent of political pressure.

Jurisdiction of the Supreme Court

The Supreme Court of India is one of the most powerful courts globally, yet its functions are defined by the Constitution.
The Supreme Court's power is outlined in three primary areas:

Original Jurisdiction
- Deals with cases involving disputes between the Union and the States, as well as disputes among the States.
- This power ensures the Supreme Court serves as an umpire in federal matters.
- The Supreme Court has the sole authority to handle these cases.
Writ Jurisdiction
- Individuals whose fundamental rights are violated can directly approach the Supreme Court for a remedy.
- The Supreme Court can issue writs, which are special orders, to enforce these rights.
- The High Courts also have the power to issue writs, but individuals can choose to petition either the High Court or the Supreme Court.
Appellate Jurisdiction
- The Supreme Court is the highest court of appeal.
- Individuals can appeal decisions made by the High Court to the Supreme Court, if certified by the High Court as involving a serious matter of law or constitutional interpretation.
- The Supreme Court also has the authority to review criminal cases where the lower court has imposed a death sentence.
Advisory Jurisdiction
- The Supreme Court can advise the President on matters of public importance or constitutional interpretation, providing advice to the executive.
- The President is not obliged to accept this advice.

Judiciary And Rights

The judiciary is responsible for protecting individual rights.
The Supreme Court can remedy violations of rights through two methods:
- Issuing writs (Habeas Corpus, mandamus, etc.).
- High Courts also possess this writ-issuing power.
- The Constitution grants these powers to the Supreme Court (Article 32) and High Courts (Article 226).

Relationship Between the Judiciary and the Parliament of India

The judiciary has gained significant prestige over the years due to its role in upholding the rule of law and protecting individual rights.
However, this role has led to greater expectations from the judiciary.
There is ongoing debate about the scope of judicial power, with some arguing that judicial activism has blurred the lines between the executive, legislature, and judiciary, creating a delicate balance within the democratic system.

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Description

This quiz explores the importance of an independent judiciary and its role in upholding the rule of law. It also delves into the jurisdiction of the Supreme Court of India, detailing its original jurisdiction and powers defined by the Constitution. Test your knowledge on these crucial aspects of the legal system!