The Judiciary

The Indian judiciary stands as a cornerstone of the nation’s democratic framework, operating as an independent and impartial body distinct from the legislature and the executive. This separation of powers is fundamental to guaranteeing fairness and justice for all citizens.

Structure of the Indian Judiciary

The Indian judicial system is characterized by a hierarchical structure, ensuring accessibility and efficient dispute resolution across the country:

• Supreme Court: Perched at the apex, the Supreme Court of India is the highest judicial authority. Its decisions are binding on all other courts, and it holds extensive powers including original, appellate, and advisory jurisdictions.
• High Courts: Each state in India has a High Court, which serves as the highest court within that state. High Courts possess jurisdiction over a wide range of cases, including civil, criminal, and writ petitions, and also exercise supervisory control over subordinate courts.
• Subordinate Courts: These courts handle the majority of cases at the grassroots level, dealing with civil and criminal matters within their specific territorial jurisdictions.

Core Functions and Powers

The judiciary’s multifaceted role is vital for the functioning of a just society:

• Upholding the Law: The primary function of the judiciary is to interpret and apply the laws of the land, ensuring that justice is administered consistently and fairly.
• Protecting Citizens’ Rights: Indian courts are the guardians of the fundamental rights enshrined in the Constitution. Citizens can approach the courts for enforcement of their rights, ensuring that the state or other individuals do not infringe upon them.
• Resolving Disputes: Whether it’s a conflict between individuals, between individuals and the government, or even between different levels of government, the judiciary provides a crucial forum for the peaceful and legal resolution of disputes.
• Interpreter of the Constitution: The judiciary acts as the ultimate interpreter of the Indian Constitution. It clarifies the meaning and intent of constitutional provisions, guiding the legislative and executive branches.
• Judicial Review: A powerful tool in the hands of the judiciary is the power of judicial review. This allows courts to examine the constitutionality of laws passed by the legislature and actions taken by the executive. If a law or action is found to violate the Constitution, the courts have the authority to declare it null and void.

Through these functions, the Indian judiciary plays an indispensable role in maintaining law and order and safeguarding the principles of justice, equality, and liberty for every citizen.

I. Fill in the blanks:

1. The ____________ is the highest court of appeal in India.

Ans:Supreme Court

2. The Supreme Court of India consists of a _____________.

Ans:Chief Justice and 30 other judges

3. The judges of the High Court retire at the age of _____________.

Ans:62 years

4. The courts at the district level and below it are known as the __________.

Ans:subordinate courts

5. The Chief Justice of India is __________.

Ans:J.S. Khehar

II. Match the contents of Column A with those of Column B:

Ans:

III. Tick mark (✓) the correct statements and cross mark (X) the wrong ones:

1. The judges of the Supreme Court retire at the age of 60.
   Ans:  X
2. The President of India is free to remove the judges of the Supreme Court.
   Ans: X
3. The Chief Justice of the High Court is appointed by the President of India.
   Ans: ✓
4. The highest criminal court in the district is the munsif court.
   Ans: X

IV. Answer the following questions:

1)Why is the Judiciary important?
Ans:The judiciary is essential as it impartially interprets and enforces laws, ensuring justice for everyone. It protects the Constitution, safeguarding individual rights and fundamental freedoms. Through checks and balances, it prevents overreach by the legislative and executive branches and resolves conflicts peacefully. Ultimately, it upholds the rule of law, which is foundational for a stable and just society.

2)What is the composition of the Supreme Court?
Ans:The Supreme Court of India consists of the Chief Justice and up to 33 additional judges, all presidential appointees. Judges serve until age 65. To be eligible, candidates must be Indian citizens who have either served as a High Court Judge for five years, or practiced as a High Court Advocate for ten years. 

3)Who appoints the judges? What are the qualifications of a Supreme Court judge?
Ans:The President of India appoints Supreme Court judges, prioritizing judicial independence and expertise through consultations with existing Supreme and High Court judges. To be eligible, candidates must be Indian citizens and fulfill one of the following: five years as a High Court judge, ten years as a High Court advocate, or recognition by the President as a distinguished jurist. This selection process underscores the importance of merit and extensive legal experience

4)Describe the powers and functions of the High Court of India. What type of cases come before the High Courts in India?
Ans:High Courts in India serve a dual role, encompassing both judicial and non-judicial responsibilities. Their Original Jurisdiction allows them to directly hear cases concerning fundamental rights, divorce, wills, and marriage laws. Under their Appellate Jurisdiction, they review appeals from lower courts in both civil and criminal matters. Beyond these, High Courts play a crucial supervisory role over all subordinate courts within their state. This includes the power to transfer cases between subordinate courts or to their own docket, and to scrutinize the records of these lower tribunals.

5)What are the functions of a district judge?
Ans:India’s judicial system includes District and Lower Courts. These courts manage both civil matters, such as disputes over money, contracts, and marriage, and criminal cases. The highest-ranking judicial officer in a district is the District Judge. When handling civil cases, their rulings are final. The same individual is known as the Sessions Judge when presiding over criminal proceedings.

6)Distinguish between civil and criminal cases.
Ans:Civil cases resolve private conflicts between parties, such as disputes over property, contracts, or family issues like divorce. Criminal cases address offenses against the public, including crimes like murder or theft.

7)Explain various types of writs. When are they issued?
Ans:The Supreme Court and High Courts act as guardians of Fundamental Rights, issuing five distinct writs to prevent their erosion:

1. Habeas Corpus: Ensures the release of any individual unlawfully detained.
2. Prohibition: A superior court order halting an inferior court from exceeding its jurisdiction in ongoing proceedings.
3. Certiorari: Issued by a higher court to quash an order or decision already passed by a judicial or quasi-judicial body, differing from Prohibition which applies to ongoing cases.
4. Mandamus: A “we command” order from a superior court, compelling a subordinate court or administrative authority to perform their duty if they have refused to exercise their jurisdiction.
5. Quo Warranto: Used by a court to investigate the legality of a public servant’s claim to office, preventing unlawful occupation.

Additional Questions

 EXERCISES
A. Fill in the blanks:

1. In India there is a ________ unified system of courts for the Indian Union and the states.

Ans:single

2. The Supreme Court of India is located in _________.

Ans:New Delhi

3. To qualify for the post of a judge in the Supreme Court, a person must either be an advocate of a High Court for at least _____ years or a judge of a High Court for ______ years’ standing.

Ans:ten,five

4. The High Court _____________ the functioning of subordinate courts.

Ans:controls and supervises

5. The records of the High Court serve as__________ courts in future cases.

Ans: references for lower

B. Match the following:

Ans:

C. Choose the correct answer:

1. Disputes between the union government and the state government fall under the Original/Advisory/Appellate Jurisdiction of the Supreme Court.
   Ans. Disputes between the union government and the state government fail under the Original Jurisdiction of the Supreme Court.
2. The District Court/Nyaya Panchayats/Supreme Court has the power of judicial review.
   Ans. The Supreme Court has the power of judicial review.
3. The High Court is the highest court of justice in a village/ district/state
   Ans. The High Court is the highest court of justice in-a state.
4. Judges of the High Court can serve till they are 60/62/65 years old.
   Ans. Judges of the High Court can serve till they are 62 years old.
5. The Nyaya Panchayats/Lok Adalats/District Courts were set up to provide quicker and cheaper judicial services.
   Ans. The Loh Adalats were set up to provide quicker and cheaper judicial services.

D. State whether the following are true or false:

1. The Chief Justice of the Supreme Court is appointed by the Prime Minister of India.
   Ans: False.
2. No cases can be brought directly to the Supreme Court for the first time.
   Ans: False.
3. A High Court is not a court of record.
   Ans: False.
4. A Nyaya Panchayat can impose a fine upto ? 10,000.
   Ans: False.
5. The process of obtaining justice through law courts is a long-drawn-out and expensive process in our country.
   Ans: True.

E. Answer the following questions in one or two words/ sentences:

1)On what grounds can Supreme Court judges be removed from office?
Ans:Supreme Court judges in India can be removed from office only on two grounds:

Proved Misbehaviour: This refers to actions or conduct that breach the ethical and professional standards expected of a judge, such as wilful misconduct, corruption, lack of integrity, or any offense involving moral turpitude.

The process for removal is stringent and involves a motion passed by both Houses of Parliament with a special majority, followed by an order from the President.

2)Mention any two kinds of disputes that can be brought directly before the Supreme Court.
Ans:The Supreme Court of India has original jurisdiction in specific instances. These include:

• Disputes between the Union and States: When there’s a disagreement between the Central Government and one or more State Governments, or among multiple State Governments themselves, these cases can be directly heard by the Supreme Court.
• Constitutional Violations: While not all cases of constitutional violation are directly brought to the Supreme Court, significant matters concerning the interpretation or alleged violation of the Constitution by the government or individuals, especially those involving fundamental rights, can be escalated to or originate in the Supreme Court through mechanisms like writ petitions.

3)What is the Advisory Jurisdiction of the Supreme Court?
Ans:The Supreme Court of India has an advisory role under Article 143, allowing the President to request its opinion on important legal or factual matters. This function is distinct from its regular judicial duties. While the Court’s opinion on such references isn’t legally binding on the President, it holds considerable influence in shaping executive decisions on national issues. The Court does, however, have the discretion to refuse to provide an opinion

4)Why are the records of the cases and judgement of the Supreme Court important?
Ans:The records of cases and judgments of the Supreme Court are incredibly important for several reasons:

1. Binding Precedent (Stare Decisis): As the highest court in India, its judgments are legally binding on all other courts across the country (Article 141 of the Constitution). This ensures consistency and predictability in the application of law, fostering fairness and uniformity in the judicial system.
2. Interpretation of Law and Constitution: The Supreme Court is the final interpreter of the Indian Constitution and laws. Its judgments clarify ambiguities, define legal principles, and adapt the law to evolving societal needs.
3. Guardian of Fundamental Rights: The Court’s judgments are crucial in protecting the fundamental rights and liberties of citizens. They act as a check on the executive and legislative branches, ensuring that no law or action violates the constitutional safeguards.
4. Judicial Accountability and Transparency: Maintaining detailed records of cases, arguments, and judgments promotes transparency in the judicial process. It allows for scrutiny of the reasoning behind decisions and helps hold judges accountable for their rulings.
5. Legal Research and Education: These records serve as invaluable resources for legal professionals, scholars, and students. They provide a rich body of jurisprudence for research, analysis, and understanding the evolution of law.
6. Historical Documentation: Supreme Court judgments also document the legal and social history of the nation, reflecting how laws and societal norms have changed over time

5)Who appoints the Chief Justice of the High Courts?
Ans:The appointment of the Chief Justice of a High Court in India is a significant constitutional process. However, this power is not exercised unilaterally. The President makes this crucial decision only after due consultation with two key figures: the Chief Justice of the Supreme Court of India, who provides essential input on judicial suitability and experience, and the Governor of the specific state where the High Court is located, who offers insights into the local context and administrative considerations. This consultative process ensures a well-considered and appropriate selection for such a vital judicial position.

6)What are writs ?
Ans:A writ is a formal written order issued by a court or other legal authority. Essentially, it’s a legal directive compelling an individual or entity to perform or refrain from a specific action. Common examples include writs like Habeas Corpus (demanding someone be brought before a court), Mandamus (ordering a public official to perform a duty), Prohibition (forbidding a lower court from exceeding its jurisdiction), Certiorari (seeking judicial review of a lower court’s decision), and Quo Warranto (challenging someone’s right to hold a public office). These writs serve as crucial tools for upholding justice and ensuring due process within the legal system.

7)What is a Nyaya Panchayat?
Ans:A Nyaya Panchayat is a system of village-level courts in India, designed to provide accessible and speedy justice for minor civil and criminal cases. These informal judicial bodies are typically composed of elected or nominated members from the village community and aim to resolve disputes through conciliation and arbitration, reducing the burden on formal courts. Their primary function is to settle local disagreements, maintain peace, and offer a more convenient and less expensive alternative for justice delivery in rural areas.

8)Why have Lok Adalats been set up?
Ans:Lok Adalats, or “People’s Courts,” offer a swift and affordable path to justice in India. They facilitate dispute resolution through compromise, operating outside traditional courts. Litigants can directly approach them, or cases can be referred by courts. A major benefit is the lack of court fees, making them highly accessible, especially for the financially vulnerable. Their decisions are legally binding, akin to civil court decrees, which significantly reduces case backlogs and enhances the efficiency and reach of the justice system.

9)Why are Lok Adalats becoming popular?
Ans:Lok Adalats are becoming increasingly popular due to several key advantages:

They provide a swift and economical alternative to conventional litigation, often resolving disputes on the spot and saving parties considerable time and money. Their conciliatory, non-adversarial approach aims for mutually agreeable settlements rather than rigid verdicts, fostering greater satisfaction and preserving relationships. Furthermore, their accessibility and informal atmosphere make them less intimidating than traditional courts, especially for the average citizen. Finally, the binding and non-appealable nature of their decisions offers a sense of finality, reducing the caseload on higher courts and making them an appealing option for efficient dispute resolution.

10)What is the objective of the Legal Aid Scheme?
Ans:The primary goal of the Legal Aid Scheme is to guarantee access to justice for all, particularly those who are economically or socially disadvantaged, by providing free or affordable legal services. This ensures that financial limitations do not prevent anyone from asserting their rights or defending themselves in legal proceedings.

F. Answer the following questions briefly:

1)The Supreme Court is the highest judicial body in the country. In this context, explain:

(a) Its original Jurisdiction
(b) Its Appellate Jurisdiction.
(c) Why is it called the guardian of the Constitution?
Ans:(a) Original Jurisdiction: The Supreme Court exercises Original Jurisdiction in specific instances. This means certain cases come directly to it, such as disputes between the Union government and states, or between multiple states. It also hears direct challenges regarding constitutional violations by the government or individuals, and cases concerning the infringement of Fundamental Rights.

(b) Appellate Jurisdiction: Its Appellate Jurisdiction allows it to hear appeals against High Court judgments, acting as the ultimate court of appeal with the authority to revise or overturn High Court decisions.
(c) The Supreme Court is the guardian of the Constitution :Furthermore, the Supreme Court serves as the Guardian of the Constitution. It upholds the Constitution by having the power to invalidate any law or executive order found to be unconstitutional. It can also issue various writs (orders or directions) to ensure the enforcement of Fundamental Rights.

2)With reference to the powers of the High Court, discuss its:
(a) Original Jurisdiction
(b) Appellate Jurisdiction.
(c) Review and Revisory Jurisdiction
Ans:(a) Original Jurisdiction: High Courts can directly hear specific types of cases for the first time, notably those concerning fundamental rights and election disputes.

(b) Appellate Jurisdiction: They serve as an appeals court, reviewing and potentially altering judgments made by lower (subordinate) courts.

(c) Supervisory and Transfer Powers: Beyond appeals, High Courts have the authority to oversee and guide the operations of subordinate courts, including the power to transfer cases between them and to review/change their decisions.

3)In the context of the judicial system in India, answer the following questions:
(a)What are the main features of a Nyaya Panchayat?
Ans:(a) Nyaya Panchayats are village-level informal dispute resolution bodies in India, designed to provide accessible and speedy justice. Their main features include:

• Local Jurisdiction: They typically operate at the village or cluster-of-villages level, handling minor civil and criminal cases within their defined area.
• Elected Members: Members (panches) are usually elected by the villagers, often based on their reputation and impartiality within the community.
• Conciliation and Arbitration: Their primary function is to mediate disputes, encourage amicable settlements, and arbitrate cases through consensus, rather than strictly adhering to complex legal procedures.
• Limited Powers: They have restricted punitive powers, often limited to imposing small fines or directing community service, and generally cannot award imprisonment.
• Informal Procedures: Proceedings are less formal than traditional courts, allowing for a more flexible and understanding approach to local customs and social dynamics.
• Cost-Effective: They offer a much cheaper alternative to formal litigation, as there are typically no legal fees involved.
• Focus on Resolution: The emphasis is on resolving conflicts and maintaining social harmony within the community, rather than on strict adherence to technical legalities.

(b)Why are Lok Adalats becoming popular in India?
Ans: Lok Adalats are gaining traction due to their ability to deliver affordable and swift justice, making them an increasingly preferred option for dispute resolution.

(c)Mention the sections of society which receive free legal services under the Legal Aid Scheme.
Ans:Individuals eligible for free legal services under the Legal Aid Scheme primarily include:

• Vulnerable Communities: This encompasses members of Scheduled Castes and Scheduled Tribes.
• Individuals with Disabilities: Both the mentally ill and persons with other disabilities are covered.
• Women and Children: These groups are specifically prioritized for legal aid.

G Picture study:

This is a picture of the apex Indian court.

1)Identify it.
Ans.The Supreme Court of India, established on January 26, 1950, serves as the nation’s highest judicial authority. Its primary roles are to safeguard the Constitution, uphold fundamental rights, and ensure the rule of law.

The Court consists of the Chief Justice of India and up to 33 other judges, all appointed by the President. Judges serve until age 65.

Its extensive powers include:

• Original Jurisdiction: Resolving disputes between the Union and states, inter-state conflicts, and matters concerning presidential/vice-presidential elections, along with enforcing fundamental rights.
• Appellate Jurisdiction: Functioning as the final court of appeal for civil, criminal, and constitutional cases from High Courts and tribunals.
• Advisory Jurisdiction: Providing opinions to the President on important public matters.
• Judicial Review: Assessing the constitutionality of laws and executive actions, nullifying those that violate the Constitution.
• Court of Record: Its rulings are binding precedents for all lower courts, and it holds the power to punish for contempt.

In essence, the Supreme Court is crucial as the ultimate interpreter and protector of the Constitution, a guardian of rights, and a mediator of federal disputes, playing a pivotal role in shaping Indian law and maintaining justice.

2)What is the composition of this court?
Ans.The Supreme Court of India is comprised of a Chief Justice and a specified number of other judges. Currently, the total strength of the Supreme Court, encompassing both the Chief Justice and the additional judges, is capped at twenty-five.

3)Who appoints the judges?
Ans. The appointment of Supreme Court Judges in India is a multi-faceted process, primarily involving the President, who acts on the counsel of the Council of Ministers and the Chief Justice of India.This system aims to balance executive influence with judicial expertise. While the President makes the final appointment, the crucial “advice” comes from two key bodies. The Council of Ministers, headed by the Prime Minister, represents the executive branch and brings a broader governmental perspective. Simultaneously, the Chief Justice of India, as the head of the judiciary, provides invaluable insight into the legal acumen, experience, and suitability of prospective judges. This collaborative approach is designed to ensure that appointments are made based on merit, legal proficiency, and a comprehensive understanding of the judiciary’s needs, while also maintaining a check on potential executive overreach.

4)Explain its role as the guardian of the Constitution.
Ans. The Supreme Court safeguards the Constitution by interpreting its text and invalidating laws or government actions that violate it through judicial review. This critical function maintains governmental balance, protects individual rights, and ensures the rule of law.