1 Mark Questions
Question 1 : What is meant by a Single Integrated Judicial System as provided in the Indian Constitution?
Answer : Single Integrated Judicial System implies a single uniform civil as well as criminal law applicable throughout the country with the Supreme Court at the top and the High Courts and Lower Courts as subordinates to it.
Question 2 : Name the courts that are empowered to issue writs for the enforcement of Fundamental Rights.
Answer : The Supreme Court and High Courts are empowered to issue writs for the enforcement of the Fundamental Rights.
Question 3 : What is the tenure of a Judge of the Supreme Court?
Answer : A Judge of Supreme Court can remain in office till he attains the age of 65 years.
Question 4 : Who can increase the number of Judges of the Supreme Court?
Answer : The Parliament by passing an Amendment Bill can increase the number of Judges of the Supreme Court.
Question 5 : What is meant by judicial review?
Answer : Being the chief interpreter of the Constitution, the Supreme Court has the power of judicial review wherein it checks the validity of a law made by the legislature. If any such law contravenes the provisions of the Constitution, the Supreme Court declares it null and void.
Question 6 : Why is the Supreme Court said to be the Guardian of the Constitution?
Answer : The Supreme Court issues writs if the Fundamental Rights of any individual are violated and also it can declare any law and void if it contravenes the provisions of the Constitution. The above two powers of Supreme Court make it the Guardian of the Constitution.
Question 7 : Who appoints the Chief Justice of the Supreme Court?
Answer : The Chief Justice of the Supreme Court is appointed by the President after consultation with the Judges of Supreme Court and the High Court as he deems fit.
Question 8 : Under what circumstances can the salaries and allowances of the Supreme Court be reduced?
Answer : The President has the power to reduce the salaries of the Judges of the Supreme Court at the time of Financial Emergency.
Question 9 : If the President of India considers that a question of law may be referred to the Supreme Court, under which jurisdiction will the Supreme Court express its opinion on the matter?
Answer : Under Advisory Jurisdiction, the President can ask for the opinion of the Supreme Court on an important question of law.
Question 10 : Which body has the final authority to interpret the Constitution of India?
Answer : The Supreme Court of India has the final authority to interpret the Constitution.
Question 11 : Mention two ways by which the Constitution ensures independence of the Judges of the Supreme Court.
Answer : a) The Judges have the security of tenure, they hold the office till the age of 65 years.
b) The decisions or decrees of the Supreme Court cannot be discussed by the legislature.
3 Marks Questions
Question 12 : Explain original jurisdiction of Supreme Court.
Answer : Original jurisdiction means the power to hear and determine a dispute in the first instance. It has following terms:
- The Supreme Court enjoys original jurisdiction over matters related to dispute between Government of India and one or more States.
- Dispute between any Union Territory and State.
- Dispute between two or more States.
Question 13 : Explain advisory functions of the Supreme Court.
Answer : The advisory function of the Supreme Court is that the President can ask its advice on any important matter or on questions relating to the Constitution. The advice of the Supreme Court is not binding on the President. The court is also not bound to render such advice.
Question 15 : Explain term of office and removal of judges.
Answer : The Constitution provides for the security of the tenure of the Judges. They remain in office till they achieve the age of 65 years.
The Judges of the Supreme Court cannot be removed from the office unless an order is passed by the President for their removal . The President can issue such an order only after the passage of a resolution in the Parliament with a majority not less than the total membership of the House and not less than 2/3rd majority of members present and voting.
Question 17 : Explain the meaning of an independent judiciary and the need to do so.
Answer : India has opted for single integrated judicial system which is independent of the remaining two organs of the Government i.e., of the Executive and Legislature.
The need for an independent judiciary is as follows:
- In a representative democracy, administration of justice assumes special significance in view of rights of people. The independence of judiciary is essential to protect any violation of the rights of people.
- In a federal setup, there is a constitutional division of powers between the executive, legislature and judiciary. An independent and impartial judiciary is essential for a federal governance.
Question 19 : Explain the impeachment procedure for the removal of judges?
Answer : The procedure for the removal of the judge can be initiated in either house. A judge can be removed only on the grounds of proved misbehavior or incapacity. After introduction of the resolution, the resolution must be supported by a special majority of each House of Parliament (i.e., a majority of not less than two-third of members of that House present and voting) and enquiry committee is set-up which investigates, the charges. On its report, the President orders for the removal of the judge.
Question 21 : What is Appellate Jurisdiction? Mention any two types of cases over which the Supreme Court has Appellate Jurisdiction.
Answer : The Supreme Court hears the cases on appeal made against the order of a High Court or a Tribunal.
The Supreme Court has Appellate Jurisdiction regarding all types of cases, i.e., constitutional , civil and criminal.
Constitutional Cases – If the High Court certifies that the case involves a substantial question of law and needs to be heard in the Supreme Court.
Civil Cases – Any such case which the High Court certifies, that the case involves a substantial question of law and needs to be decided by the Supreme Court.
Criminal Cases – When the Lower Court acquits the accused and on appeal, the High Court reverses the decision and gives death penalty.
Question 23 : Describe the Supreme Court’s power of Judicial review. What is meant by a Court of Record?
Answer : Judicial Review – Being the Chief Interpreter of the Constitution, the Supreme Court has the power to review the laws passed by the Union or the State Legislatures.
The Supreme Court can declare any such law which is against the spirit of the Constitution or contravening any provision of the Constitution null and void.
Court of Record – A court whose judgements are recorded for evidence and testimony, is known as the court of record. These judgements are in the nature of precedents, i.e., the High Courts and other courts are bound to give a similar decision in a similar case. A court of record has the power to punish for contempt of court.
4 Marks Questions
Question 26 : Explain the manner in which the Constitution seeks to maintain the independence of the Judiciary.
Answer : Independence of Judiciary is ensured by the following devices:
- Every Judge of the Supreme Court is appointed by the President after consulting judges of the Supreme Court and High Court.
- A judge can remain in office till he attains the age of 65 years.
- The salaries and allowances of the judges cannot be altered to their disadvantage during their term in office.
- The judges are fee to announce their decisions and discuss in the court chambers.
- The court can punish any authority or person for its contempt.
- No decision of the court can be discussed in the legislature.
- The court is free to decide its own procedures of work as well as establishment.
- The judges are prohibited to practice after their retirement.
5 Marks Questions
Question 30 : With reference to the Judiciary, write a short note on the Original Jurisdiction of the Supreme Court.
Answer : The Original Jurisdiction of the Supreme Court is applied to those cases which cannot be moved in any court other than the Supreme court. The court hears and determines the dispute in the first instance.
The Original Jurisdiction of the Court extends to:
- any dispute between the Government of India and one or more states.
- any dispute between two or more states.
- the Centre and any state or states on one side and one or more states on the other.