ICSE VII CIVICS Judiciary

JUDICIARY

Define Judiciary.

Judiciary is the third branch the Indian government which provides for the single integrated system of courts for the Indian states and Union Territories.

What is the task of Judiciary?

The task of the judiciary is to interpret and safeguard the Constitution and the laws made by the Legislature and punish those who break laws and violate the Constitution.

What is the role of the judges in the court of law?

The Judges preside over the courts and deal with cases against individuals, organizations and governments.

Draw and explain the hierarchy of courts in the judicial system in India.

· At the apex of the judicial system is the Supreme Court of India, located in New Delhi.

· Below the Supreme Court are the High Courts in each state.

· The State High Courts have a number of Subordinate Courts below them- District Courts, Revenue Courts, Panchayats and Lok Adalats.

How is concept of equality before law in the Indian constitution maintained?

· In keeping with the concept of equality before the law in the Indian Constitution, The Judicial process works in the following manner

· When a crime is committed, the police can arrest the suspected persons but cannot directly punish him. First, his guilt must be proved in a court of law.

· The court passes judgments according to the laws of the land and the Constitution, which are appropriate for the crime committed.

· In case of disputes between two or more persons or organizations, the court decides which party is in the right.

· Judgments are supposed to be made impartially without bias or prejudice.

This in keeping with the concept of equality before the law in the Indian Constitution

With reference to the Supreme Court of India answer the following questions:

Where is the Supreme Court located?

The Supreme Court the highest judicial authority in the country is located in New Delhi.

When was the Supreme Court inaugurated? Where did the inauguration take place?

The Supreme Court came into being on 28 January 1950; two days after India became a Sovereign Democratic Republic.

The inauguration took place in the Chamber of Princes in the Parliament building. The Chief Justice of India, Sri Harilal J. Kania, presided over the inaugural function.

What is the composition of the Supreme Court?

The Supreme Court has one Chief Justice and a number of other Judges. At present, the number of Judges including the Chief Justice cannot exceed twenty-five.

How are the judges of the Supreme Court appointed?

The Judges of the Supreme Court are appointed by the President on the advice of the Council of Ministers and the Chief Justice of India.

How is the Chief Justice of India appointed?

The Chief Justice is appointed by the President on the advice of the other judges of the Supreme Court.

What are the qualifications of the judges of the Supreme Court?

Supreme Court Judges must have the following qualifications:

. They must be citizen of India.

. They must either be advocates of a High Court or of two or more such courts in succession for at least 10 years or they must be Judges of High Court of 5 years standing.

What is the term of the judges?

The judges of the Supreme Court hold office until they are 65 years of age.

What is the procedure for removal of the Supreme Court judges?

The President cannot dismiss Supreme Court Judges before the end their term. Supreme Court Judges can only be removed on grounds of proven misbehavior, incapacity by a procedure laid down in the Constitution.

They can be impeached by a two-third majority vote of both the Houses of Parliament.

What are the salary and allowances of the Chief Justice and the Supreme Court judges?

The Chief Justice draws a monthly salary. The judges get a monthly salary. Apart from the salary the Judges are entitled to free accommodation, transport and other allowances.

With reference to the powers of the Supreme Court of India answer the following questions:

What are the three kinds of powers of the Supreme Court?

The Supreme Court has three kinds of powers to pass judgments in civil and criminal cases

1. Original Jurisdiction

2. Appellate Jurisdiction and

3. Advisory Jurisdiction

What is original jurisdiction?

or

Mention the kinds of disputes brought before the Supreme Court.

Certain cases are brought before the Supreme Court directly for the first time. This happens in cases of

· If there are disputes between the union government and a state government or more than one state government

· If there are disputes between two or more state governments.

· Cases concerning the violation of the Constitution by the government or an individual.

· In cases involving the violation of the Fundamental Rights of an individual.

What is the Appellate Jurisdiction of the Supreme Court?

Appellate Jurisdiction

The Supreme Court hears appeals against judgments of High Courts. The Supreme Court is the final court of appeal and has the power to review and change decisions of the High Court.

Explain briefly Advisory Jurisdiction of the Supreme Court.

Advisory Jurisdiction

The Supreme Court can advise the President, on request, on legal and constitutional issues. The President may or may not accept the advice.

Why the Supreme Court is called the Court of Records?

The Supreme Court records and prints out all the cases it handles and all judgments which are passed. These records serve as references in future cases. Thus, the Supreme Court functions as the Court of Records.

With reference to the High Court answer the following questions:

What is the position of the High Court in the judicial system of India?

High Court is the highest judicial authority in the state.

What is the composition of the High Court of India?

At the highest level in the High Court is the Chief Justice. There are a number of other Judges. This number is decided, according to the size of that state by the President.

How are the Chief justice and the judges of High Court appointed?

The President appoints the Chief Justice of the High Court in consultation with the Chief Justice of India and the Governor of the state concerned. The other Judges are appointed by the President on the advice of the Chief Justice of India, the Chief Justice of the High Court and the Governor of the state concerned'

What are the qualifications of the High court judges?

The qualification of Judges of a High Court is as follows:

They must be citizens of India

They must have held a judicial office in India for at least 10 Years

They must have been, for at least 10 years an advocate of a High Court' or of two or more such courts in succession.

What are the salary and allowances of the High Court judges?

The Chief Justice of High Court and the other Judges get a monthly salary.

The Judges of the-High Court also get other allowances by the Parliament from time to time.

They are given free and furnished houses with necessary facilities.

What is the term and procedure for removal of judges of High Court?

Judge s of the High Court serves until they are 62 years.

They can resign earlier or can be removed from office by the President if they are impeached.

Court Judges can only be removed on grounds of proven misbehavior, incapacity by a procedure laid down in the Constitution.

They can be impeached by a two-third majority vote of both the Houses of Parliament.

With reference to the powers of the High Court answer the following questions:

Why does the High Court maintain a record of proceedings and judgments?

The High Court maintains records of the proceedings and decisions. These records serve as references for lower courts in future cases.

List the four powers of the High Court

The High Court is the highest court of justice in a state.

A High Court has original Jurisdiction i.e. It can hear original cases (cases brought to it for the first time). These cases can involve disputes concerning Fundamental Rights, election petitions and related disputes.

A High Court has Appellate Jurisdiction where it can hear appeal against judgments passed in subordinate Courts such as the District Courts.

The High Court can review and change decisions taken in the Subordinate Courts. It can also transfer a case from one court to another.

A High Court controls and supervises the functioning of Subordinate Courts.

It maintains records of the proceedings and decisions. These records serve as references for lower courts in future cases.

With reference to Subordinate Courts answer the following questions:

What are subordinate courts?

Subordinate Courts are lower courts under each High Court.

Which is the highest court in the district? What types of cases does it hear?

The District Court is the highest civil court in the district. These try civil cases and also hear appeals against decisions of lower court.

What is the power of a court of district and sessions judge?

Court of the District Judge is the highest court in the district to judge civil cases it also hears appeal against decisions of the lower courts.

Court of the Sessions Judge is the highest court in the district to judge criminal cases.

What are revenue courts?

Revenue Courts cases regarding payment of revenue are in Revenue Courts. Land revenue is the main source of income for a State Government.

What are Nyaya Panchayats?

Nyaya Panchayats are small law courts in the Panchayati system at the village level.

What are the powers and functions of the Nyaya Panchayat?

Nyaya Panchayats try petty-civil and criminal cases such as trespassing, personal disputes, minor thefts, etc. It can impose fine upto Rs 100 only.

Appeals can be made against decisions taken in the Nyaya Panchayats to higher courts.

What are a Lok Adalats? How do they function?

The Lok Adalats are cheaper and quicker judicial services.

Lok Adalats are usually by presided over by retired judges.

The disputing parties can argue their cases directly without advocates

Discussions, persuasions and compromises are encouraged to settle disputes.

Where was the first Lok Adalat held?

The first Lok Adalat was held at Delhi in 1995. It settled almost 150 cases in one day.

Why are Lok Adalats becoming popular?

Lok Adalats are popular because they provide cheaper, affordable and speedy justice.

What is the objective of legal aid scheme?

According to the Indian Constitution, all citizens are equal before the law, irrespective of caste, creed, social status, gender or religion.

Mention three sections of society who receive free legal services under the Legal Aid Scheme? [any three]

Under the Legal Aid Scheme, free legal aid and legal services are made available to the poorer and weaker sections of the society.

The five sections for which free legal services are provided by the government are:

People belonging to the Scheduled Castes, Scheduled tribes and backward classes

People who are mentally ill or disabled

Women and children

Victims of trafficking in human beings or beggars.

Persons whose annual income is less than Rs. 25,000, or such other higher amount as may be prescribed by the state government (if the case is put before any court other than the Supreme Court)

Persons with an annual income of less than Rs 50,000, or such other higher amount as may be prescribed by the central government (if the case is presented before the Supreme Court)