Students must practice these AP Inter 2nd Year Civics Important Questions 5th Lesson Union Judiciary to boost their exam preparation.
AP Inter 2nd Year Civics Important Questions 5th Lesson Union Judiciary
Long Answer Questions
Question 1.
Write an essay on the Supreme Court of India.
Answer:
Introduction:
The Supreme Court is the highest court of justice in India. According to the Constitution, the judgements of the Supreme Court shall be binding on all the courts with in the territory of India.
Composition:
Article 124 provides for the establishment of the Supreme Court. The Supreme Court consists of the Chief Justice of India and such number of other judges as is provided by the Law. The Parliament is authorized to determine the number of judges in the Supreme Court. At present, there are a Chief Justice and 30 other judges in the Supreme Court.
Appointment of the Supreme Court Judges:
Article 124 (2) of the Constitution stipulates in that the President shall appoint judges of the Supreme Court as he may deem necessary. The Chief Justice of Supreme Court is appointed by the President after consultation with such judges of the Supreme Court and High Courts as he may deem fit.
Qualifications:
A persons to be appointed as a judge of the Supreme Court shall possess the following qualifications :
- He should be a citizen of India.
- He should have continuously worked as a judge in one or more High Courts at least for a period of 5 years.
- He should have continuously worked as an advocate of one or more High Courts for not less than 10 years or
- He should be a distinguished jurist in the opinion of the President of India.
The inclusion of the last provision, which would enable the President to appoint a distinguished jurist as the Judge of the Supreme Court.
Salary and Allowances:
The Parliament, by an Act, determines the basic salary and other allowances of the Chief Justice and other judges of Supreme Court. At present the Chief Justice of India draws a monthly salary of Rs. 1,00,000 while other judges draw Rs. 90,000. Besides, they are entitled to other allowances, facilities and privileges like rent-free residence, travelling expenses within the country, pension, etc.
Term of Office and Removal:
The Constitution has not prescribed minimum age for the appointment of the judges of the Supreme Court. They have a fixed tenure. They hold office till reaching the age of retirement. The present retirement age is 65 years.
Judge of the Supreme Court can be removed from his position only on the grounds of proved misbehaviour or incapacity. He can be removed from his office by an order of the President, after an address from each House of Parliament, supported by a majority of the total membership of that House and by a majority of not less than 2/3 votes of the members present and voting, passed.
Powers and Functions of the Supreme Court:
The Supreme Court exercises the following powers and functions.
1. Original Jurisdiction:
Original Jurisdiction means the power to hear and determine a dispute in the first instance. Under this jurisdiction cases can be directly considered by the Supreme Court without going to the lower courts. Original Jurisdiction of the Supreme Court extends to disputes between:
- the Government of India and one or more states.
- the Government of India and one or more states on one side and one or more states on the other
- among two or more states.
2. Appellate Jurisdiction:
The Supreme Court acts as the highest court of appeal in India. Appellate Jurisdiction means the power and jurisdiction of the Supreme Court to entertain appeals against the decisions of the lower courts, i.e., High Courts.
3. Advisory Jurisdiction:
The Supreme Court of India has some Advisory Jurisdiction. They are provided in Article 143 of the Constitution. The President may seek the opinion of the Supreme Court on any question of law or fact of public importance. After such reference from the President, the Supreme Court may report to the President its opinion there on.
4. Court of Record:
All the judgements and judicial proceedings of the Supreme Court shall be treated as a model and guide to all other courts in hearing similar cases in future. They can’t be questioned for their authenticity in any court of law. The Supreme Court can punish anyone for contempt of itself.
5. Writ Jurisdiction:
The word ’writ’ literally means order’ in written form. Article 32 of our Constitution confers authority upon the Supreme Court, to issue a constitutional writ for the enforcement of Fundamental Rights of the citizens. Any person, whose fundamental rights have been violated, can directly move the Supreme Court for remedy. The Supreme Court issues Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and Certiorari, for enforcing the fundamental rights.
Question 2.
Explain the powers and functions of the Supreme Court of India.
Answer:
Introduction:
The Supreme1 Court is the appex court in India. Its decisions are final and can be modified only by the Supreme Court itself.
Powers and functions of the Supreme Court:
The powers and functions of the Supreme Court may be explained as follows:
1. Original Jurisdiction:
Original Jurisdiction means the power to hear and determine a dispute in the first instance. Under this jurisdiction cases can be directly considered by the Supreme Court without going to the lower courts. Original Jurisdiction of the Supreme Court extends to disputes between:
- the Government of India and one or more states.
- the Government of India and one or more states on one side and one or more states on the other
- among two or more states.
This point shows that cases involving federal relations go directly to the Supreme Court. So the Original Jurisdiction establishes the Supreme Court as an umpire in all disputes regarding federal matters.
2. Appellate Jurisdiction:
The Supreme Court acts as the highest court of appeal in India. Appellate jurisdiction means the power and jurisdiction of the Supreme Court to entertain appeals against the decisions of the lower courts, i.e., High Courts.
A person can make an appeal to the Supreme Court against the decisions of the High Court when he feels proper justice is not done to him. The Appellate Jurisdiction of the Supreme Court, can be divided into the following four heads:
- Constitutional matters
- Civil matters
- Criminal matters
- Appeal by special leave
3. Advisory Jurisdiction:
The Supreme Court of India has some Advisory Jurisdiction. They are provided in Article 143 of the Constitution. The President may seek the opinion of the Supreme Court on any question of law or fact of public importance. After such reference from the President, the Supreme Court may report to the President its opinion there on. The President may also seek the opinion of the Supreme Court on any treaty and agreement that had been entered into or executed before the commencement of the constitution, and has continued in operation thereafter. These are excluded by Article 131. However, the Supreme Court is not bound to render advice on such matters and the President is not bound to accept such an advice.
4. Court of Record:
According to Article 141, Supreme Court acts as Court of Record. In this context If shall have all the powers of such a court including the power to punish for contempt of itself. Being the highest court of the land, its proceedings, acts and judgements are kept in record for perpetual memory and further verification and reference All the judgements and judicial proceedings of the Supreme Court shall be treated as a model and guide to ail other courts in hearing similar cases in future. They can’t be questioned for their authenticity in any court of law. The Supreme court can punish anyone for contempt of itself.
5. Writ Jurisdiction:
The word writ’ literally means ‘order’ in written form. Article 32 of our Constitution confers authority upon the Supreme Court, to issue a constitutional writ for the enforcement of Fundamental Rights of the citizens. Any person, whose fundamental rights have been violated, can directly move the Supreme Court for remedy. The Supreme Court issues Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and Certiorari, for enforcing the fundamental rights.
6. Other Powers:
Besides the above, the Supreme Court has numerous other powers :
- The Supreme Court acts as the custodian of the Fundamental Rights of Indian citizens.
- It is the ultimate interpreter of the Constitution.
- It formulates rules necessary for proper maintenance of records and also for the purpose of practice by the advocates in the country.
- The Chief Justice of the Supreme Court acts as the President of India for a temporary period under certain special circumstances.
Question 3.
Describe Judicial Review.
Answer:
Judicial Review is perhaps the most important power of the Supreme Court. The purpose of Judicial Review is to maintain the supremacy of the Constitution. There is no explicit mention of Judicial Review in the Indian Constitution. The higher courts derive this power from the provisions of Article 13 of the Constitution. This Article empowers the Supreme Court to validate those laws and executive orders which infringe upon the Fundamental Rights. The makers of our constitution adopted this concept from the American Constitution keeping in view the written nature of the Indian Constitution and federal character of Indian polity.
Judicial Review means the power of the Supreme Court of High Courts to examine the Constitutional validity of the legislative enactments and executive actions of both Central and State Governments and to declare them ‘null and void’ if found repugnant of the provisions of the Constitution. As M.V. Pylee stated, “Judicial Review is the competence of a court of law to declare the Constitutionality or otherwise of a legislative enactment”.
Article 13 declares all laws that are inconsistent with or disrespectful of the fundamental rights, or void to the extent of their inconsistency. Hence, the Supreme Court being responsible for protecting fundamental rights, can declare any legislative act or executive decision that is inconsistent with provisions on fundamental rights as ultra vires or null and void, meaning unconstitutional and inapplicable.
In this context the Supreme Court and High Courts reviews legislations on the grounds that (a) they violate fundamental rights or (b) they violate the federal distribution of powers. The Supreme Court’s power of Judicial Review extends to the (i) Laws passed by the union and state legislatures, (ii) Executive actions of the union and the states, (iii) Decisions of the public sector undertakings and (iv) Constitutional Amendments. The Supreme Court for the first time utilized this power in 1950 itself by declaring Section 14 of the Preventive Detention Act as unconstitutional.
Question 4.
What is Judicial Activism? What are its merits and demerits?
Answer:
Meaning:
Generally, Judicial Activism is construed to be the over willingness of the judiciary to jump into the arena of executive or legislative functions. Judicial Activism, in fact, is not a distinctly separate concept from usual judicial activities. In general parlance, the expression “activism” means “being active”, “doing things with decision” and the expression “activist” should mean “one who favours intensified activities”. In this sense every judge is an activist. As justice Krishna Iyer observed “every judge is an activist either on the forward gear or on the reverse”. Hence, Judicial Activism is shaping of the basic law through bold acts.
Merits of Judicial Activism:
- Judicial Activism has democratized the judicial system by giving, access to the courts not just to individuals but also to groups.
- It has enforced executive accountability.
- It made an attempt to make the electoral system more free and fair.
- It is due to the impact of Judicial Activism during elections the candidates who tender affidavits disclosing their assets, income, educational qualifications, criminal record etc. This enable the people to elect better candidates.
Demerits of Judicial Activism:
- Judicial Activism has blurred the line of distinction between the executive and legislature on the one hand and the judiciary on the other hand.
- Some felt that Judicial Activism led to the worsening of relations and balance among the three organs of government.
- Democracy is based on the principle that each organ of government will respect the powers and jurisdiction of others. But Judicial Activism may negate this democratic principle.
Short Answer Questions
Question 1.
Write about the composition of the Supreme Court. [May-2017]
Answer:
Article 124 provides for the establishment of the Supreme Court. The Supreme Court consists of the Chief Justice of India and such number of other Judges as is provided by the Law. The Parliament is authorised to determine the number of judges in the Supreme Court. At present, there are a Chief Justice and 30 other judges in the Supreme Court. There may be some Ad-hoc judges and retired judges on temporary basis in the Supreme Court.
Question 2.
Mention any three jurisdictions of the Supreme Court. [May-2016]
Answer:
The two jurisdictions of the Supreme Court may be explained as follows:
1. Original Jurisdiction:
Original Jurisdiction means the power to hear and determine a dispute in the first instance. Under this jurisdiction cases can be directly considered by the Supreme Court without going to the lower courts. Original Jurisdiction of the Supreme Court extends . to disputes between:
- the Government of India and one or more states.
- the Government of India and one or more states on one side and one or more »- states on the other.
- among two or more states.
This point shows that cases involving’federal relaitons go directly to the Supreme v Court. So the Original Jurisdiction establishes the Supreme Court as an umpire in all disputes regarding federal matters.
2. Appellate Jurisdiction:
The Supreme Court acts as the highest court of appeal in India. Appellate Jurisdiction means the power and jurisdiction of the Supreme Court to entertain appeals against the decisions of the lower courts, i.e., High Courts.
A person can make appeal to the Supreme Court against the decisions of the High Court when he feels proper justice is not done to him. The Appellate Jurisdiction of the Supreme Court, can be divided into the following four heads:
- Constitutional matters
- Civil matters
- Criminal matters
- Appeal by special leave
3. Court of Record:
All the judgements and judicial proceedings of the Supreme Court shall be treated as a model and guide to all other courts in hearing similar cases in future. They can’t be questioned for their authenticity in any court of law. The Supreme Court can punish anyone for contempt of itself.
Question 3.
What are the powers of Appellate Jurisdiction of the Supreme Court?
Answer:
Appellate Jurisdiction:
The Supreme Court acts as the highest court of appeal in India. Appellate Jurisdiction means the power and jurisdiction of the Supreme Court to entertain appeals against the decisions of the lower courts, i.e., High Courts.
A person can make appeal to the Supreme Court against the decisions of the High Court when he feels proper justice is not done to him. The Appellate Jurisdiction of the Supreme Court, can be divided into the following four heads:
- Constitutional matters
- Civil matters
- Criminal matters
- Appeal by special leave
The Supreme Court hears appeals over on the matters involving a substantial question as to the interpretation of the Constitution. The Supreme Court hears such a case on the certificate, to that extent, by the High Court. Sometimes the Supreme Court can take up the appeal directly if it is satisfied that the case involves the interpretation of the Constitution.
Question 4.
Explain the Advisory Jurisdiction of the Supreme Court
Answer:
Advisory Jurisdiction of the Supreme Court may be explained as follows:
The Supreme Court of India has some Advisory Jurisdiction. They are provided in Article 143 of the Constitution. The President may seek the opinion of the Supreme Court on any question of law or fact of public importance. After such reference from the President, the Supreme Court may report to the President its opinion there on. The President may also seek the opinion of the Supreme Court on any treaty and agreement that had been entered into or executed before the commencement of the constitution, and has continued in operation thereafter. These are excluded by Article 131. However, the Supreme Court is not bound to render advice on such matters and the President is not bound to accept such an advice.
One may immediately question about the utility of the advisory powers of the Supreme Court. The utility is twofold. In the first place, it allows the government to seek legal opinion on a matter of importance before taking action on it. This may prevent unnecessary litigations later. Secondly, in the light of the advice of the Supreme Court, the government can make suitable changes in its action or legislations.
Question 5.
Write about the Writ Jurisdiction.
Answer:
The word ’writ’ literally means ‘order’ in written form. Article 32 of our Constitution confers authority upon the Supreme Court, to issue a constitutional writ for the enforcement of Fundamental Rights of the citizens. Any person, whose fundamental rights have been violated, can directly move the Supreme Court for remedy. The Supreme Court issues Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and Certiorari, for enforcing the fundamental rights.
- Habeas Corpus: Literally it means ‘to have the body of. It is issued by the court to affect the release of a person who has not been detained legally.
- Mandamus: It means ‘we command’. The writ is a command issued by the court to a public official to do a duty which he has failed to do.
- Prohibition: It means ‘to forbid’. It is issued by a higher court to a lower court to prevent the latter from exceeding its jurisdiction that is does not possess.
- Certiorari: It means ‘to be certified’ or ‘to be informed’. This writ is issued against the lower courts by the Supreme Court or High Courts, if the lower courts violates their jurisdiction.
- Quo Warranto: It means ‘by what authority’ or ‘warrant’. If the court finds that a person is holding public office, which is not entitled to hold that office, it issues this writ for restricting that person from acting in that office.
Question 6.
Describe the Judicial Activism in India.
Answer:
Judicial Activism is construed to be the over willingness of the judiciary to jump into the arena of executive or legislative functions. Judicial Activism, in fact, is not a distinctly separate concept from usual judicial activities. In general parlance. The expression “activism” means “being active”, “doing things with decision” and the expression “activist” should mean “one who favours intensified activities”. In this sense every judge is an activist. As justice Krishna Iyer observed “every judge is an activist either on the forward gear or on the reverse”. Hence, Judicial Activism is shaping of the basic law through bold acts.
Judicial Activism is a policy making in competition with policy making by legislature and executive. The essence of true Judicial Activism is rendering of decisions which are in tune with the temper and tempo of the times. The nature of Judicial Activism is that it furthers the cause of social change or articulates concepts like liberty, equality or justice.
Question 7.
What is meant by Public Interest Litigation? [March-2017]
Answer:
Public Interest Litigation Movement in India emerged during post-emergency years intending to make the judicial system accessible to the socially and economically lower sections of the society. In most of cases, Judicial Activism has occurred through public interest litigation. In public interest litigation any person or group can approach the Supreme Court and High Court for the redressal of grievances on behalf of the victim or victims who were incapable of approaching the court. Under this new arrangement, a destitute citizen can file a writ petition even through a simple letter written on the post card. This derives authenticity from the “right to be heard” as implied by Article 32 of the Constitution. But the court has to ensure that the petitioner who approaches the court with PIL, is acting bona-fide and not for personal gains private profit, political or other oblique considerations. The court should not allow this process to be abused by politicians and others to delay legitimate administrative action or to gain a political objective.
Question 8.
What is the meaning of independence of Judiciary? How is it ensured by the Constitution?
Answer:
Meaning:
It is learnt that the role of the judiciary is to protect Rule of Law and ensure supremacy of law. It safeguards the rights of individual and settles disputes in accordance with the law it ensures the democracy does not give way to individual or group dictatorship in order to able to do all this, it is necessary that the judiciary is independent of any political pressure.
Independence of the Judiciary does not imply arbitrariness or absence of accountability. Judiciary is a part of the democratic political structure of the country. It is, therefore, accountable to the Constitution, to the democratic traditions and people of the country.
Independence of Judiciary is ensured by the Constitution throught the following methods.
- The Legislature is not involved in the process of appointment of judges. Thus, it is believed that party politics would not play a role in the process of appointments.
- The judges have a fixed tenure. They hold office till reaching the age of retirement.
- The Judiciary is not financially dependent on either the executive or legislature.
- The actions and decisions of the judges are immune from personal criticism.
- The Judiciary in India enjoys the vast jurisdiction. It is no way subordinate to the other organs of the government. Such a powerful position helps the Judiciary to maintain its independence.
Question 9.
What are the powers and functions of the Attorney General of India? [March 2018;’16]
Answer:
The powers and functions of the Attorney General of India:
- The Attorney General of India render advice to the Union Government upon such legal matters which are referred to him by the President.
- He performs such other functions of legal character that are assigned to him by the President from time to time.
- He discharges the functions conferred on him by the Constitution or any other laws.
- He appears in any court of law on behalf of the Union Government in all cases.
- He represents the government in any reference made by the President to the Supreme Court.
- He appears in any High Court on behalf of the union government.
Very Short Answer Questions
Question 1.
Qualifications of Judges of Supreme Court.
Answer:
- He should be a citizen of India.
- He should have continuously worked as a Judge in one or more High Courts at least for a period of 5 years, (or)
- He should have continuously worked as an advocate of one or more High Courts for not less than 10 years (or)
- He should be a distinguished Jurist in the opinion of the President of India.
Question 2.
Removal of the Judges of Supreme Court.
Answer:
The removal of the Judges of Supreme Court is a prolonged and complex process. A judge of the Supreme Court can be removed from his position only on the grounds of proved misbehaviour or incapacity. He can be removed from his office by an order of the President, after an address from each House of Parliament, supported by a majority of the total membership of that House and by a majority of not less than 2/3 votes of the members present and voting passed.
Question 3.
Judicial Review. [March-2016]
Answer:
Judicial Review means the power of the Supreme Court or High Courts to examine the Constitutional validity of the legislative enactments and executive actions of both Central and State Governments and to declare them ‘null and void’ if found repugnant of the provisions of the Constitution.
Question 4.
Court of Record. [Mar. ’19, May ’17]
Answer:
According to Article 141, Supreme Court acts as Court of Record. All the judgements and judicial proceedings of the Supreme Court shall be treated as a model and guide to all other courts in hearing similar cases in future. They cannot be questioned for their authenticity in any court of law. The Supreme Court can punish anyone for contempt of itself.
Question 5.
Judicial Activism.
Answer:
Judicial Activism is a policy making in competition with policy making by legislature and executive. Rajeev Dhawan defined that “Judicial Activism is simply ensuring the systematic enforcement of court orders and the rule of law while Justice Activism is the power of the Judges to interpret and by force of circumstances create law.”
Question 6.
PIL
Answer:
PIL means Public Interest Litigation. In Public Interest Ligitation, any person or group of persons can approach the Supreme Court and High Court for the redressal of grievances on behalf of the victim or victims who were incapable of approaching the court.
Question 7.
Independence of Judiciary.
Answer:
The Judiciary plays vital role in protecting the Rule of Law and ensuring supremacy of law. It safeguards the rights of individuals and settles disputes in accordance with the law. Hence the Judiciary exercises ail its responsibilities, properly and honestly only when it is provided with exclusive independence and autonomous status.
Question 8.
Habeas Corpus.
Answer:
Literally it means ‘to have the body of. It is issued by the court to affect the release of a person who has not been detained legally.
Question 9.
Seat of the Supreme Court.
Answer:
The head quarters of the Supreme Court is situated at New Delhi. The Supreme Court ordinarily shall sits at New Delhi. The Supreme Court of India was inaugurated on 28th January 1950 at the Chamber of the Princess in the Parliamentary Building. H.J. Kania acted as the last Chief Justice of the Federal Court and the first Chief Justice of the Supreme Court of India.
Question 10.
Writs.
Answer:
The word ’wrist’ literally means ‘order’ in written form. Article 32 of our Constitution confers authority upon the Supreme Court, to issue a constitutional writ for the enforcement of Fundamental Rights of the citizens. The Supreme Court issues Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and certiorari, for enforcing the fundamental rights.