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The Judiciary - Questions & Answers

I. Fill in the blanks:

1. In India we have a single integrated system of Courts with the Supreme Court at the apex.

2. The Supreme Court has three types of jurisdiction, namely, Original, Appellate and Advisory.

3. The Supreme Court is the guardian and protector of Fundamental Rights.

4.  Delhi is the only Union Territory which has a High Court.

5. The judges of the High Court retire at the age of 62 years.

II. Multiple-Choice Questions (MCQs)

1. What is the maximum number of judges that can be appointed in the Supreme Court, excluding the Chief Justice of India?
(b) 33

2. What is the term of office of a judge of the Supreme Court?
(d) Until he/she attains 65 years

3. Identify the qualifications for appointment as a Judge of the Supreme Court.
(1) Has been for at least ten years a Judge of a High Court or two or more such courts in succession.
(2) Has been an advocate for at least ten years of a High Court or two or more such courts in succession.
(3) Is a distinguished jurist in the opinion of the President.
(4) Has been a member of important enquiry commissions.
(d) (2) and (3)

4. Identify the functions of the Supreme Court of India.
(1) To settle disputes between different ministries.
(2) To issue writs for the enforcement of Fundamental Rights.
(3) To give its verdict on the interpretation of the Constitution.
(4) The advice the Prime Minister of India on any question of law.
(b) (2) and (3)

5. A detained person has not been produced before the magistrate within 24 hours of arrest. Which legal remedy is available to him/her?
(c) Writ of Habeas Corpus

6. If the Supreme Court declares a law made by the Central Government as null and void, which power is used by it?
(b) Judicial Review

7. How many High Courts are there in India?
(a) 25

8. Out of the following Union territories, which Union territory has a High court of its own?
(c) New Delhi

9. What is the maximum age in order to be qualified for appointment as a Judge in High court?
(a) 62 years

10. Which of the following are the qualifications required to be a Judge of a High Court?
(a) Should not be over 62 years of age.
(b) Has been an advocate of a High Court for at least ten years.
(c) Should have been distinguished Jurist.
(d) Both (a) and (b)
(d) Both (a) and (b)

11. Identify the statements about the High Court Judges which are correct.
(1) A Judge who has worked as a permanent Judge of a High Court cannot practise in any Court after his/her retirement.
(2) The salaries and allowances of the Judges of a High Court cannot be changed to their disadvantage during the course of their service.
(3) A Judge of a High Court may resign his/her office by writing addressed to the President of India.
(4) A Judge of a High Court cannot be removed from office on any ground.
(b) (2) and (3)

12. Every High court has the power of interpret the Constitution. This power is known as
(a) Judicial Review

III. Answer the following questions:

1. What is meant by a single integrated judiciary?

A single integrated system of courts means that there are no separate sets of laws and a single civil and criminal procedure operates throughout the country. In this system, the Supreme Court is at the top, followed by High Courts and subordinate courts. All cases from lower courts can be taken to the higher courts by way of appeal.

2. State the qualifications required to become a Judge of the Supreme Court.

A person must:

  • Be a citizen of India.
  • Have been a judge of a High Court for at least 5 years.
  • Have been an advocate of a High Court for not less than 10 years.
  • Be an eminent jurist in the opinion of the President.
3. How is the Supreme Court the guardian and protector of Fundamental Rights?

The Supreme Court is the guardian and protector of Fundamental Rights because any citizen whose rights are violated can move to the Supreme Court for their enforcement. The Court has the power to issue orders or writs, such as Habeas Corpus and Mandamus, to protect these rights.

4. Describe the powers and jurisdiction of the Supreme Court.

The Supreme Court has several jurisdictions:

  • Original Jurisdiction: Power to hear disputes between the Union and States or between States in the first instance.
  • Appellate Jurisdiction: Power to hear appeals against judgements delivered by any court in the country.
  • Advisory Jurisdiction: Power to give an opinion to the President on questions of law or public importance.
  • Revisory Jurisdiction: Power to review its own judgements to remove mistakes or errors.
  • Judicial Review: Power to declare laws null and void if they go against the Constitution.
5. Who appoints the judges of a High Court?

The judges of a High Court are appointed by the President of India in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned State.

6. What are the essential qualifications to become a Judge of the High Court?

A person must:

  • Be a citizen of India.
  • Have held a judicial office in the country for at least 10 years.
  • Have been an advocate of a High Court for at least 10 years.
7. Discuss the jurisdiction and powers of the High Court.

The High Court's powers include:

  • Original Jurisdiction: Hearing cases regarding wills, divorce, marriage, and enforcement of Fundamental Rights.
  • Appellate Jurisdiction: Hearing appeals in civil and criminal cases from subordinate courts.
  • Judicial Review: Power to declare a law null and void if it contravenes the Constitution.
  • Revisory Jurisdiction: Calling for records of cases decided by subordinate courts.
  • Court of Record: Keeping records of proceedings and decisions for future evidence.
8 Write short notes on:

(a) Appellate Jurisdiction (b) Original Jurisdiction (c) Advisory Jurisdiction.

(a) Appellate Jurisdiction: It means the power of a higher court to hear appeals against the judgements of lower courts. The higher court may change the decision or reduce the sentence passed by the lower courts. The Supreme Court is the final court of appeal.

(b) Original Jurisdiction: It refers to the power of a court to hear a dispute in the first instance. For the Supreme Court, this includes disputes between the Centre and States. For High Courts, it includes cases like marriage, divorce, and Contempt of Court.

(c) Advisory Jurisdiction: This allows the President to seek the legal opinion of the Supreme Court on matters of public importance or questions of law. However, the President is not bound to follow this advice.

IV. Picture Study:

Study the picture and answer the following questions:

(a) Identify the building in the picture. Where is it located?

The building is the Supreme Court of India. It is located in New Delhi.

(b) Name the judicial institute that works from this building. What is its position in the judicial system in India?

The Supreme Court of India works from this building. It is at the apex, or the top, of the Indian judicial system.

(c) State its power of Judicial Review.

The Supreme Court has the power to review laws passed by the Union or State legislatures. It can declare a law 'ultra vires' or null and void if it is against the letter and spirit of the Constitution.

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Multiple Choice Questions - Test your understanding with these MCQs. Click "Show Answer" to reveal the correct answer.

Question 1Which of the following is considered the third pillar of democracy in India?

Correct Answer: The Judiciary

Question 2What is the primary role of the Judiciary regarding laws made by the Legislature?

Correct Answer: To interpret the laws

Question 3Which body is responsible for ensuring that laws are properly implemented?

Correct Answer: The Executive

Question 4The Indian Judiciary resolves disputes between which of the following entities?

Correct Answer: All of the above

Question 5What kind of judicial system does India follow?

Correct Answer: Single integrated system

Question 6Which court stands at the apex of the Indian judicial system?

Correct Answer: Supreme Court

Question 7What does a 'single integrated system' of courts imply in India?

Correct Answer: A single civil and criminal procedure throughout the country

Question 8What is the hierarchy of courts in India from top to bottom?

Correct Answer: Supreme Court, High Courts, Subordinate Courts

Question 9How can cases from Lower Courts reach the Supreme Court?

Correct Answer: By way of appeal

Question 10Why is the Supreme Court called the 'Guardian of the Constitution'?

Correct Answer: Because it is the final interpreter of the Constitution

Question 11What is the current composition of the Supreme Court according to the text?

Correct Answer: Chief Justice and 33 other judges

Question 12Who appoints the judges of the Supreme Court?

Correct Answer: The President

Question 13On what basis is the Chief Justice of India typically appointed?

Correct Answer: Seniority

Question 14What is the minimum period a person must have been a High Court judge to be eligible for the Supreme Court?

Correct Answer: 5 years

Question 15To be appointed as a Supreme Court judge, an advocate must have practiced in a High Court for at least how many years?

Correct Answer: 10 years

Question 16Besides judges and advocates, who else can the President appoint as a Supreme Court judge?

Correct Answer: An eminent jurist

Question 17What is the retirement age for a judge of the Supreme Court?

Correct Answer: 65 years

Question 18To whom does a Supreme Court judge submit their resignation?

Correct Answer: The President

Question 19On what grounds can a Supreme Court judge be removed from office?

Correct Answer: Proved misbehaviour or incapacity

Question 20From which fund are the salaries of Supreme Court judges paid?

Correct Answer: Consolidated Fund of India

Question 21Can the salary of a Supreme Court judge be lowered during their tenure?

Correct Answer: No, except during a financial emergency

Question 22What is 'Jurisdiction' in the context of a court?

Correct Answer: The power to carry out judgment and enforce laws

Question 23What does 'Original Jurisdiction' mean?

Correct Answer: The power to hear a case for the first time

Question 24Which court has the authority to decide disputes between the Government of India and one or more States?

Correct Answer: The Supreme Court

Question 25Which jurisdiction allows the Supreme Court to settle disputes between two or more States?

Correct Answer: Original Jurisdiction

Question 26If a citizen's Fundamental Rights are violated, which court can they move to for enforcement?

Correct Answer: The Supreme Court

Question 27Why is the Supreme Court called the 'protector' of Fundamental Rights?

Correct Answer: Because it can issue orders or writs to enforce them

Question 28What is 'Appellate Jurisdiction'?

Correct Answer: Power to grant special leave to appeal against lower court judgments

Question 29Which is the final court of appeal in India?

Correct Answer: Supreme Court

Question 30Under Advisory Jurisdiction, who can seek the Supreme Court's opinion on a question of law?

Correct Answer: The President

Question 31Is the President bound to follow the advice given by the Supreme Court under Advisory Jurisdiction?

Correct Answer: No, they are free to follow it or not

Question 32What is 'Revisory Jurisdiction' under Article 137?

Correct Answer: The power to review its own judgment to remove errors

Question 33What does 'Judicial Review' mean?

Correct Answer: The power to declare a law null and void if it's against the Constitution

Question 34When is a law declared 'ultra vires' by the Supreme Court?

Correct Answer: When it goes against the spirit of the Constitution

Question 35What does the writ 'Habeas Corpus' literally mean?

Correct Answer: To have the body

Question 36Which writ is used to release a person who has been unlawfully detained?

Correct Answer: Habeas Corpus

Question 37What does 'Mandamus' mean in Latin?

Correct Answer: We order

Question 38A 'Mandamus' writ is an order from a Superior Court to an administrative authority to do what?

Correct Answer: Perform a certain duty

Question 39What is the purpose of the 'Writ of Prohibition'?

Correct Answer: To stop proceedings in a lower court that exceed its jurisdiction

Question 40How does 'Certiorari' differ from 'Prohibition'?

Correct Answer: Certiorari is issued after the order has already been passed

Question 41What is the literal meaning of the writ 'Quo-warranto'?

Correct Answer: By what order

Question 42Which writ prevents a person from wrongly holding a high public office?

Correct Answer: Quo-warranto

Question 43What is meant by a 'Court of Record'?

Correct Answer: A court whose decisions are kept as evidence and cannot be questioned

Question 44Who provides for a High Court in each State according to the text?

Correct Answer: The Constitution of India

Question 45Can there be a common High Court for two or more States?

Correct Answer: Yes, if the Parliament establishes it

Question 46Which High Court has jurisdiction over both Punjab and Haryana?

Correct Answer: Chandigarh High Court

Question 47The Mumbai High Court has jurisdiction over Maharashtra and which other State?

Correct Answer: Goa

Question 48Which is the only Union Territory with its own High Court?

Correct Answer: Delhi

Question 49Who determines the number of judges in a High Court?

Correct Answer: The President of India

Question 50Who is consulted by the President when appointing the Chief Justice of a High Court?

Correct Answer: Chief Justice of Supreme Court and Governor of the State
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Fill in the Blanks - Complete the sentences by filling in the missing words. Click "Show Answer" to check your response.

Question 1The Judiciary forms the ______ pillar of democracy.

Correct Answer: third

Question 2The ______ interprets the laws made by the Legislature.

Correct Answer: Judiciary

Question 3The Judiciary sees to it that laws are properly implemented by the ______.

Correct Answer: Executive

Question 4In India, we have a ______ integrated system of courts.

Correct Answer: single

Question 5The ______ Court is at the top of the Indian judicial system.

Correct Answer: Supreme

Question 6Below the Supreme Court stand the ______ Courts of different States.

Correct Answer: High

Question 7Under each High Court, there is a hierarchy of ______ courts.

Correct Answer: subordinate

Question 8The Supreme Court is also known as the ______ of the Constitution.

Correct Answer: Guardian

Question 9The Supreme Court consists of the Chief Justice of India and ______ other judges.

Correct Answer: 33

Question 10The judges of the Supreme Court are appointed by the ______.

Correct Answer: President

Question 11The Chief Justice of India is appointed on the basis of ______.

Correct Answer: seniority

Question 12To be a judge of the Supreme Court, a person must be a ______ of India.

Correct Answer: citizen

Question 13A person must have been a judge of a High Court for at least ______ years to be eligible for the Supreme Court.

Correct Answer: 5

Question 14An advocate of a High Court must have practiced for not less than ______ years to be a Supreme Court judge.

Correct Answer: 10

Question 15A Supreme Court judge remains in office until he/she attains the age of ______ years.

Correct Answer: 65

Question 16A judge may resign by submitting his/her resignation to the ______.

Correct Answer: President

Question 17Supreme Court judges receive their salary from the ______ Fund of India.

Correct Answer: Consolidated

Question 18The power that a court of law exercises to carry out judgement and enforce laws is called its ______.

Correct Answer: jurisdiction

Question 19______ jurisdiction means the power to hear a dispute in the first instance.

Correct Answer: Original

Question 20Disputes between the Government of India and one or more States come under the ______ jurisdiction of the Supreme Court.

Correct Answer: Original

Question 21The Supreme Court has the power to enforce Fundamental Rights by issuing orders or ______.

Correct Answer: writs

Question 22______ jurisdiction refers to the power to grant special leave to appeal against the judgement of any court in the country.

Correct Answer: Appellate

Question 23The Supreme Court is the ______ court of appeal.

Correct Answer: final

Question 24Under ______ jurisdiction, the President may obtain the opinion of the Supreme Court on a question of law.

Correct Answer: Advisory

Question 25The Supreme Court is empowered to review its own judgement under ______ jurisdiction.

Correct Answer: Revisory

Question 26Article ______ empowers the Supreme Court to review its own order or judgement.

Correct Answer: 137

Question 27The Supreme Court is a court of ______ and its decisions are of evidentiary value.

Correct Answer: record

Question 28The power of the Supreme Court to declare a law null and void is called ______.

Correct Answer: Judicial Review

Question 29A law is declared ______ if it is against the letter and spirit of the Constitution.

Correct Answer: ultra vires

Question 30The writ of ______ means 'to have the body'.

Correct Answer: Habeas Corpus

Question 31The writ of ______ is used to release a person unlawfully detained.

Correct Answer: Habeas Corpus

Question 32In Latin, ______ means 'we order'.

Correct Answer: Mandamus

Question 33The Writ of ______ is an order from a superior court to a lower authority to perform a certain duty.

Correct Answer: Mandamus

Question 34The Writ of ______ is issued to a lower court to stop proceedings in a case beyond its jurisdiction.

Correct Answer: Prohibition

Question 35The Writ of ______ is issued after the order has already been passed by the lower court.

Correct Answer: Certiorari

Question 36______ means 'by what order'.

Correct Answer: Quo-warranto

Question 37The writ of ______ prevents public officers from forcibly or wrongly holding a high public office.

Correct Answer: Quo-warranto

Question 38The highest judicial authority at the State level is the ______ Court.

Correct Answer: High

Question 39The ______ can establish a common High Court for two or more States.

Correct Answer: Parliament

Question 40The High Court of ______ has jurisdiction over Punjab and Haryana.

Correct Answer: Chandigarh

Question 41The Mumbai High Court enjoys jurisdiction over Maharashtra and ______.

Correct Answer: Goa

Question 42______ is the only Union Territory with its own High Court.

Correct Answer: Delhi

Question 43The Chief Justice of a High Court is appointed by the ______.

Correct Answer: President

Question 44The President consults the ______ of the Supreme Court when appointing High Court judges.

Correct Answer: Chief Justice

Question 45To be a High Court judge, a person should have held a judicial office for at least ______ years.

Correct Answer: 10

Question 46The judges of a High Court remain in office till they attain the age of ______ years.

Correct Answer: 62

Question 47High Court judges receive their salaries from the Consolidated Fund of the ______.

Correct Answer: State

Question 48High Court judges receive ______ after retirement.

Correct Answer: pension

Question 49Like the Supreme Court, each High Court is also a court of ______.

Correct Answer: record

Question 50A sentence of ______ must be confirmed by the High Court before it is carried out.

Correct Answer: death
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Short Answer Questions - Practice concise answers to these questions. Click "Show Answer" to reveal the response.
Question 1

Which pillar of democracy does the Judiciary form?

Answer:
Third
Question 2

Who interprets the laws made by the Legislature?

Answer:
Judiciary
Question 3

Which body ensures laws are properly implemented?

Answer:
Executive
Question 4

What kind of judicial system does India have?

Answer:
Single integrated
Question 5

Which court is at the top of the Indian judiciary?

Answer:
Supreme Court
Question 6

What procedure operates throughout India for civil and criminal cases?

Answer:
Single
Question 7

What is the status of the Supreme Court in the judicial system?

Answer:
Apex
Question 8

Who is the 'Guardian of the Constitution'?

Answer:
Supreme Court
Question 9

How many other judges are in the Supreme Court besides the Chief Justice?

Answer:
33
Question 10

Who appoints the judges of the Supreme Court?

Answer:
President
Question 11

What is the basis for appointing the Chief Justice of India?

Answer:
Seniority
Question 12

What is the citizenship requirement for a Supreme Court judge?

Answer:
Indian
Question 13

Minimum years as a High Court judge for Supreme Court appointment?

Answer:
5 years
Question 14

Minimum years as a High Court advocate for Supreme Court appointment?

Answer:
10 years
Question 15

Whose opinion can qualify a person as an 'eminent jurist'?

Answer:
President
Question 16

At what age do Supreme Court judges retire?

Answer:
65 years
Question 17

To whom does a Supreme Court judge submit their resignation?

Answer:
President
Question 18

On what grounds can a judge be removed?

Answer:
Misbehaviour or incapacity
Question 19

Which fund pays Supreme Court judges' salaries?

Answer:
Consolidated Fund of India
Question 20

When can a judge's salary be lowered?

Answer:
Financial emergency
Question 21

What is the power to enforce laws and carry out judgment called?

Answer:
Jurisdiction
Question 22

What jurisdiction hears a dispute in the first instance?

Answer:
Original
Question 23

Who settles disputes between the Union and States?

Answer:
Supreme Court
Question 24

Who is the protector of Fundamental Rights?

Answer:
Supreme Court
Question 25

What can the Supreme Court issue to enforce rights?

Answer:
Writs
Question 26

What jurisdiction allows appeals against lower court judgments?

Answer:
Appellate
Question 27

Which is the final court of appeal in India?

Answer:
Supreme Court
Question 28

Who can seek the Supreme Court's opinion on a question of law?

Answer:
President
Question 29

What is the nature of the Supreme Court's opinion to the President?

Answer:
Advisory
Question 30

Which Article empowers the Supreme Court to review its own judgments?

Answer:
Article 137
Question 31

What jurisdiction corrects mistakes in previous court orders?

Answer:
Revisory
Question 32

Why can Supreme Court decisions not be questioned in other courts?

Answer:
Court of Record
Question 33

What power declares a law null and void?

Answer:
Judicial Review
Question 34

What term means a law is beyond legal authority?

Answer:
Ultra vires
Question 35

What does 'Habeas Corpus' mean?

Answer:
To have the body
Question 36

Which writ releases someone from unlawful detention?

Answer:
Habeas Corpus
Question 37

What does 'Mandamus' mean?

Answer:
We order
Question 38

Which writ commands an authority to perform a duty?

Answer:
Mandamus
Question 39

What writ stops lower court proceedings that exceed jurisdiction?

Answer:
Prohibition
Question 40

Which writ is issued after a lower court order is passed?

Answer:
Certiorari
Question 41

What does 'Quo-warranto' mean?

Answer:
By what order
Question 42

Which writ prevents wrongful holding of public office?

Answer:
Quo-warranto
Question 43

Whose proceedings are kept as evidence for future use?

Answer:
Court of Record
Question 44

What is the highest judicial authority in a State?

Answer:
High Court
Question 45

Who can establish a common High Court for two states?

Answer:
Parliament
Question 46

High Court of Chandigarh serves Punjab and which other state?

Answer:
Haryana
Question 47

The Mumbai High Court serves Maharashtra and which other state?

Answer:
Goa
Question 48

Which Union Territory has its own High Court?

Answer:
Delhi
Question 49

Who appoints the Chief Justice of a High Court?

Answer:
President
Question 50

Who is consulted for State High Court judge appointments?

Answer:
Governor
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Long Answer Questions - Practice detailed answers to these comprehensive questions. Click "Show Answer" to reveal the response.
Question 1

Describe the position and role of the Judiciary as the third pillar of democracy.

Answer:
The Judiciary forms the third pillar of democracy, alongside the Legislature and the Executive. Its primary roles include: 1. Interpreting the laws made by the Legislature. 2. Ensuring that laws are properly implemented by the Executive. 3. Protecting the rights of citizens. 4. Resolving disputes between individual citizens, between the Centre and the States, and among different States.
Question 2

What is meant by a 'single integrated system of courts' in India?

Answer:
A single integrated system of courts means that there is a unified hierarchy with the Supreme Court at the top. This implies: 1. There are no separate sets of laws for different states. 2. A single civil and criminal procedure operates throughout the entire country. 3. Cases can move from the Lower Courts to the High Courts and ultimately to the Supreme Court by way of appeal.
Question 3

Explain the composition and appointment process of the Supreme Court of India.

Answer:
The Supreme Court consists of the Chief Justice of India and 33 other judges. The appointment process is as follows: 1. The judges are appointed by the President. 2. The President consults with the judges of the Supreme Court and the High Courts as he/she deems necessary. 3. The Chief Justice of India is traditionally appointed on the basis of seniority.
Question 4

State the essential qualifications required for appointment as a judge of the Supreme Court.

Answer:
To be appointed as a judge of the Supreme Court, a person: 1. Must be a citizen of India. 2. Must have been a judge of a High Court for at least 5 years. 3. Must have been an advocate of a High Court for not less than 10 years. 4. Must be an eminent jurist in the opinion of the President.
Question 5

Discuss the tenure and removal process of a Supreme Court judge.

Answer:
A judge of the Supreme Court remains in office until the age of 65 years. A judge can leave office in two ways: 1. Resignation: By submitting a resignation letter to the President. 2. Removal: A judge cannot be removed except by an order of the President on the ground of proved misbehaviour or incapacity.
Question 6

How is the independence of Supreme Court judges ensured regarding their salary and allowances?

Answer:
The independence is ensured through the following: 1. Judges receive their salary from the Consolidated Fund of India. 2. Their salary and allowances cannot be lowered during their tenure. 3. The only exception to this rule is during a period of financial emergency.
Question 7

Define 'Jurisdiction' and list the different types of jurisdiction exercised by the Supreme Court.

Answer:
Jurisdiction is the power that a court of law exercises to carry out judgement and enforce laws. The Supreme Court has five types: 1. Original Jurisdiction. 2. Appellate Jurisdiction. 3. Advisory Jurisdiction. 4. Revisory Jurisdiction. 5. Judicial Review.
Question 8

Explain the 'Original Jurisdiction' of the Supreme Court with examples.

Answer:
Original jurisdiction refers to the power to hear a dispute in the first instance. It includes: 1. Disputes between the Government of India and one or more States. 2. Disputes between two or more States. 3. Cases involving the violation of the Constitution by the government. 4. Enforcement of Fundamental Rights when a citizen's rights are violated.
Question 9

What is 'Appellate Jurisdiction' and why is the Supreme Court called the final court of appeal?

Answer:
Appellate Jurisdiction is the power to grant special leave to appeal against the judgement delivered by any court in the country. The Supreme Court is the final court of appeal because it has the power to change decisions or reduce sentences passed by any lower court, and its decision is the final word in the judicial hierarchy.
Question 10

Describe the 'Advisory Jurisdiction' of the Supreme Court.

Answer:
Under Advisory Jurisdiction, the President may seek the opinion of the Supreme Court on a question of law or fact that is of public importance. However: 1. The opinion provided is only advisory in nature. 2. The President is free to follow or not to follow the advice given.
Question 11

What is 'Revisory Jurisdiction' and how does it relate to the Supreme Court being a 'Court of Record'?

Answer:
Under Article 137, the Supreme Court is empowered to review any judgement or order it has made to remove any errors or mistakes. This is possible because the Supreme Court is a 'Court of Record,' meaning its decisions are preserved for evidentiary value and cannot be questioned in any court.
Question 12

Explain the concept of 'Judicial Review' and its significance.

Answer:
Judicial Review is the power of the Supreme Court to review laws passed by the Union or State legislatures. It can declare a law 'ultra vires' (null and void) if it is against the letter and spirit of the Constitution. This ensures that the government does not contravene any provision of the Constitution.
Question 13

What are 'writs'? Name the five important writs issued by the Higher Courts.

Answer:
Writs are formal written orders issued by the Supreme Court or High Courts to enforce Fundamental Rights. The five important writs are: 1. Habeas Corpus. 2. Mandamus. 3. Writ of Prohibition. 4. Writ of Certiorari. 5. Quo-warranto.
Question 14

Explain the writ of 'Habeas Corpus' and its importance for personal freedom.

Answer:
Habeas Corpus literally means 'to have the body.' It is an order to release a person who has been unlawfully detained by an individual, a group, or the State. It serves as a great safeguard for personal freedom because it ensures that no one is imprisoned without legal justification.
Question 15

Distinguish between the writ of 'Mandamus' and 'Quo-warranto'.

Answer:
1. Mandamus: Means 'we order.' It is a command from a Superior Court to a lower authority or administrative body to perform a specific duty. 2. Quo-warranto: Means 'by what order.' It is issued to prevent a person from forcibly or wrongly holding a high public office that they are not entitled to.
Question 16

Compare the 'Writ of Prohibition' and the 'Writ of Certiorari'.

Answer:
Both are issued by a superior court to a lower judicial authority. However: 1. Prohibition is issued while proceedings are still going on to stop the court from exceeding its jurisdiction. 2. Certiorari is issued after an order has already been passed to be informed of the proceedings and potentially quash the order.
Question 17

Describe the composition of a High Court.

Answer:
A High Court comprises a Chief Justice and other judges. The number of judges is not fixed; it is decided by the President of India from time to time based on the requirements of the specific State.
Question 18

How are High Court judges appointed and what is their tenure?

Answer:
Appointment: The Chief Justice and other judges are appointed by the President in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned State. Tenure: Judges remain in office until they attain the age of 62 years.
Question 19

What are the qualifications for a person to be appointed as a High Court judge?

Answer:
The candidate: 1. Must be a citizen of India. 2. Should have held a judicial office in India for at least 10 years. 3. Should have been an advocate of a High Court for at least 10 years.
Question 20

Explain the 'Original Jurisdiction' of a High Court.

Answer:
High Courts have the authority to hear certain cases in the first instance, including: 1. Cases regarding wills, divorce, and marriage. 2. Contempt of Court cases. 3. Power of Judicial Review to declare laws null and void. 4. Enforcement of Fundamental Rights through the issuance of writs.
Question 21

What does the 'Appellate Jurisdiction' of a High Court entail?

Answer:
It extends to both civil and criminal cases, including: 1. Appeals against the judgements of Sessions Judges, Additional Sessions Judges, and Metropolitan Magistrates. 2. Hearing appeals regarding land revenue. 3. Confirming sentences of death passed by lower courts before they can be executed.
Question 22

What are the commonalities between the Supreme Court and High Courts as 'Courts of Record'?

Answer:
Both courts serve as Courts of Record, meaning: 1. All their proceedings, acts, and decisions are kept in a permanent record. 2. These records are used as evidence in future cases to support what the law is. 3. Their authenticity cannot be questioned in any court.
Question 23

Explain the concept of a 'common High Court' with examples.

Answer:
The Parliament has the power to establish a single High Court for two or more States or Union Territories. Examples include: 1. The High Court of Chandigarh, which serves both Punjab and Haryana. 2. The Mumbai High Court, which has jurisdiction over Maharashtra and Goa.
Question 24

How can a High Court judge be removed from office?

Answer:
Similar to Supreme Court judges, High Court judges can be removed from office by an order of the President. The removal must be based on the grounds of proved misbehaviour or incapacity.
Question 25

What is 'Revisory Jurisdiction' in the context of a High Court?

Answer:
Revisory Jurisdiction allows a High Court to call for the records of any case that has been decided by a subordinate court. This is done to ensure that the lower court has exercised its jurisdiction properly and followed the correct legal procedures.
Question 26

Compare the retirement ages of Supreme Court and High Court judges.

Answer:
There is a distinct difference in retirement ages: 1. Supreme Court judges retire at the age of 65 years. 2. High Court judges retire at the age of 62 years.
Question 27

Why is the Supreme Court referred to as the 'final interpreter' of the Constitution?

Answer:
The Supreme Court is the final interpreter because its decisions on constitutional matters are absolute. It has the power of Judicial Review to strike down any law or executive order that goes against the provisions of the Constitution, ensuring the document's sanctity is maintained.
Question 28

Describe the relationship between the High Court and the Union Territories.

Answer:
Delhi is the only Union Territory that has its own High Court. The remaining six Union Territories do not have separate High Courts; they fall under the jurisdiction of the High Courts of their adjacent or neighboring States.
Question 29

In what way does the High Court advise the state government?

Answer:
Similar to the Supreme Court's advisory role to the President, High Courts can advise any government department, the state legislature, or the Governor on matters of law, provided such advice is sought by them.
Question 30

What role does the High Court play in cases involving a death sentence?

Answer:
The High Court acts as a critical checkpoint in the criminal justice system. Even if a lower court (like a Sessions Court) passes a sentence of death, it cannot be carried out until it is officially confirmed by the High Court.
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Quick Review Flashcards - Click to flip and test your knowledge!
Question
What are the three pillars of democracy mentioned in the text?
Answer
The Legislature, the Executive, and the Judiciary.
Question
What is the primary role of the Judiciary in a democracy?
Answer
To interpret the laws made by the Legislature and see to it that they are properly implemented by the Executive.
Question
Besides protecting citizens' rights, what other types of disputes does the Judiciary resolve?
Answer
It resolves disputes between individual citizens, between the Centre and the States, and between states.
Question
India has a single _____ system of courts.
Answer
integrated
Question
What is the structure of India's single integrated judiciary, from top to bottom?
Answer
Supreme Court, High Courts, and Subordinate Courts.
Question
Which court is at the apex of the Indian judiciary?
Answer
The Supreme Court.
Question
What is the composition of the Supreme Court of India?
Answer
The Chief Justice of India and 33 other judges.
Question
Who appoints the judges of the Supreme Court and the High Courts?
Answer
The President of India.
Question
What is the first qualification required to be appointed as a judge of the Supreme Court?
Answer
The person must be a citizen of India.
Question
To be a Supreme Court judge, one must have been a judge of a High Court for at least how many years?
Answer
At least five years.
Question
To be a Supreme Court judge, one must have been an advocate of a High Court for at least how many years?
Answer
At least ten years.
Question
What special qualification, based on the President's opinion, can make a person eligible to be a Supreme Court judge?
Answer
The person must be an eminent jurist in the opinion of the President.
Question
What is the retirement age for a judge of the Supreme Court?
Answer
65 years.
Question
On what grounds can a judge of the Supreme Court be removed from office?
Answer
On the ground of proved misbehaviour or incapacity.
Question
Under what specific circumstance can the salary of a Supreme Court judge be lowered during their tenure?
Answer
During the period of a financial emergency.
Question
What does the 'Original Jurisdiction' of the Supreme Court mean?
Answer
It means the power to hear a dispute in the first instance.
Question
The original jurisdiction of the Supreme Court includes disputes between the Government of India and _____.
Answer
one or more States
Question
What is the Supreme Court's role in cases where citizens' fundamental rights are violated?
Answer
It can give judgement for the enforcement of the Fundamental Rights by issuing orders or writs.
Question
What does the 'Appellate Jurisdiction' of the Supreme Court allow it to do?
Answer
It allows the court to grant special leave to appeal against the judgement delivered by any court in the country.
Question
Under its 'Advisory Jurisdiction', who can the Supreme Court provide an opinion to on a question of law or fact?
Answer
The President of India.
Question
Is the advice given by the Supreme Court under its Advisory Jurisdiction binding on the President?
Answer
No, the President is free to follow the advice or not to follow.
Question
What power does the 'Revisory Jurisdiction' give to the Supreme Court?
Answer
It empowers the Supreme Court to review any judgement or order made by it to remove any mistake or error.
Question
The power of the Supreme Court to declare a law passed by the legislature as 'ultra vires' or null and void is known as what?
Answer
Judicial Review.
Question
Which writ, meaning 'to have the body', is a safeguard for personal freedom against unlawful detention?
Answer
Habeas Corpus.
Question
Which writ, meaning 'we order', is issued by a superior court to a lower court or an administrative authority to perform a certain duty?
Answer
Mandamus.
Question
Which writ is issued by a superior court to a lower court to stop proceedings in a case which might be in excess of its jurisdiction?
Answer
Writ of Prohibition.
Question
Which writ is issued when a person has usurped any office, to inquire by what authority the person holds the office?
Answer
Quo-warranto.
Question
What is the functional difference between the Writ of Prohibition and the Writ of Certiorari?
Answer
Prohibition is issued when proceedings are going on, while Certiorari is issued after the order has been passed by the lower court.
Question
What does it mean for the Supreme Court to be a 'Court of Record'?
Answer
Its proceedings, acts, and decisions are kept in record for presentation as evidence and cannot be questioned in any court.
Question
What is the highest judicial authority in a State?
Answer
The High Court.
Question
Which Union Territory is the only one to have its own High Court?
Answer
Delhi.
Question
Who appoints the Chief Justice and other judges of a High Court?
Answer
The President, in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned State.
Question
What is the minimum number of years a person must have held a judicial office in India to qualify as a High Court judge?
Answer
At least 10 years.
Question
To be a High Court judge, one must have been an advocate of a High Court for at least how many years?
Answer
At least 10 years.
Question
What is the retirement age for a judge of a High Court?
Answer
62 years.
Question
How can a High Court judge be removed from office?
Answer
By the President's order on the ground of proved misbehaviour or incapacity, the same as a Supreme Court judge.
Question
The salaries and allowances of High Court judges are paid from which fund?
Answer
The Consolidated Fund of the State.
Question
The original jurisdiction of a High Court includes cases regarding what matters?
Answer
Wills, divorce, marriage, Contempt of Court, etc.
Question
The power of a High Court to interpret the Constitution is known as what?
Answer
Judicial Review.
Question
What type of sentence passed by a Sessions Judge must be confirmed by the High Court before it can be carried out?
Answer
A sentence of death.
Question
What is the role of the Supreme Court as the 'Guardian of the Constitution'?
Answer
It is the final interpreter of the Constitution and can declare laws null and void if they contravene the Constitution.
Question
Who can the High Courts advise on matters of law if they seek it?
Answer
Any government department, legislature, or the Governor.
Question
What does the revisory jurisdiction of High Courts allow them to do?
Answer
They can call for the record of a case which has been decided by a subordinate court.
Question
Like the Supreme Court, High Courts can declare any provision of the Constitution as null and void if it infringes upon what?
Answer
The Fundamental Rights.
Question
The Supreme Court is the guardian and protector of the _____ Rights.
Answer
Fundamental
Question
Who is considered the guardian of the Constitution and the final interpreter of the Constitution?
Answer
The Supreme Court.
Question
What is the maximum number of judges that can be appointed in the Supreme Court, excluding the Chief Justice of India?
Answer
33.
Question
Which legal remedy is available if a detained person has not been produced before the magistrate within 24 hours of arrest?
Answer
Writ of Habeas Corpus.
Question
Which body in the Indian government has the authority to establish a common High Court for two or more states?
Answer
The Parliament.
Question
Where is the Supreme Court of India located?
Answer
New Delhi.