Chapter 20

The Union Government The Judiciary

Q1. What is meant by independence of judiciary? Give any two examples to prove that Indian
judiciary is independent.
Ans
The judiciary works independently without any interference of the other two organs of the
government the executive or the legislature to ensure that every one is equal before law.
There are special provisions that ensure the independence of judiciary in India.
• The judges are appointed on the basis of their qualifications.
• The judges cannot be removed easily there is a special procedure to remove them
called impeachment.
• The judges are paid educate salary . Their salary and allowances cannot be reduced
during their tenure.
• The tenure of the judges is fixed.

Q2. Differentiate between civil and criminal cases with the help of examples.
Ans
• Civil cases -The civil cases relate to disputes over property, marriage, money, rent
matters, purchase of goods, violation of rights of individuals etc. Civil laws settle and
decide civil cases.
• Criminal cases - The criminal cases involve offences like robberies, murders,
cheating, harassing of women, beating, violence, kidnapping, tax evasion etc.
Criminal cases begin with lodging of an FIR( first information report) with the police
who investigates the crime after which a case is filed in the court. If found guilty the
accused can be sent to Jail or fined or in some cases both fined and jailed.

Q3. Describe the composition of Criminal Courts and Revenue Courts.

Ans
Criminal Courts
For criminal cases in a district the highest court is the court of the Session Judge. Below this
court there are courts of magistrate of first second and third class. In big cities like Delhi
Kolkata first class magistrates are called Metropolitan Magistrates.
Revenue courts
The highest Revenue court in a district is the Board of Revenue which deals with the cases of
land revenue. Courts of commissioner, Collector, Tahsildar and Assistant Tahsildar work
under the board of Revenue which hears the final appeals against the lower revenue courts.

Q4. What qualifications are required to be a judge of the Supreme Court. How can a judge of
the Supreme Court be removed?
Ans
Qualifications to become a judge of Supreme Court
A person must be a citizen of India
He/she should have been a judge of of High Court for a minimum period of 5 years.
He/she should be a distinguished jurist in the opinion of the President of India.
 Removal of judges of Supreme court
• Removal of judges of supreme court is done through the process of
IMPEACHMENT.
• A judge can be removed by the President only for proved misbehaviour or misuse of
power or incapacity to discharge functions.
• This charge needs to be proved only by a resolution passed by each house of the
parliament by a two-third majority of members present and voting.

Q5. 'India has a single unified and integrated judicial system' Explain.
Ans
• The judiciary in India has a pyramidal structure with the Supreme Court (SC) at the
top. High Courts are below the SC, and below them are the district and subordinate
courts.
• The lower courts function under the direct superintendence of the higher courts.
• Courts are connected from the lowest to the highest levels.
• If a person is not satisfied with the decision of the lower courts can appeal to the
higher courts.
• A higher court has the power to strike down or modify the decisions taken by lower
courts.
• Decisions of higher courts can be used as reference by lower courts in similar cases.
• This ensures uniformity in justice.
• Supreme court is the highest court in our country and the law declared by the SC shall
be binding on all courts.

Q6. State the significance of Public Interest Litigation in Indian judicial system.
Ans
• PIL is a litigation filed in the court of law, for the protection of public interest such as
pollution, terrorism, road safety, construction hazards etc.
• Any individual or organization can file a PIL in the High Court or Supreme Court on
any matter of serious public importance.
• It is not necessary that a person filing the case should have a direct interest in the
case.
The introduction of Public Interest Litigation (PIL) is a significant step in ensuring access to
justice for all due to the following reasons:
 It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court
on any matter of serious public importance.
 It increased access to justice by the poor, the illiterate and the ignorant.
 It simplified the legal process.
 Furthermore, it has set right a number of wrongs committed by an individual or society.

Q7. Explain the concept of Lok Adalat. Why are they called people's Court's.
Ans
Lok adalats are preceded by a retired judge.
The disputed parties plead their case themselves.
No advocate is allowed to argue the case.
No witnesses are examined.
Efforts are made to settle the disputes through compromise, mutual agreement and on-the-
spot decisions.
Lok Adalat have been set up due to the following reasons.
 To provide speedy justice to the people as process of getting justice is lengthy.
 To reduce the cost of litigation.
 To simplify the legal procedures
First Lok Adalat was held in Delhi in 1985 and 150 cases were settled on the first day.
It's called a people's Court because
 Process of getting justice is within the reach of a common man.
 It provides speedy and inexpensive justice.

Q8. Describe the composition of the High Court. Explain the qualifications, tenure and the
method of removal of the High Court judges.
Ans The composition of the High Court
• High court comprises of chief justice and some other judges.
• HC is headed by a Chief Justice who is appointed by the President with the
consultation of the Chief Justice of SC and the Governor of the state.
• The judges are appointed by the President with the consultation of the Chief Justice of
SC, Chief Justice of HC and the Governor of the state.
• The number of judges varies from state to state depending on the size of the state and
population.
Qualifications
• Citizen of India.
• 10 years of experience as an advocate of HC.
OR
Holding judicial office in Subordinate courts for a period of 10 years.
Tenure
• Serves till the age of 62.
• Removal of judges of High court is done through the process of IMPEACHMENT.
On the grounds of serious misbehavior or misuse of power. This is done by 2/3rd of
the majority votes of the parliament.

Q9. Briefly describe any five powers and functions of the Supreme Court of India.
Ans
Original jurisdiction
It is exercised in cases which originate in the Supreme Court, which means they can be heard
in the Supreme Court for the first time. Such cases include
• Disputes between the central and the state governments.
• Disputes between one or more state governments.
• Disputes between the central and one or more state governments.
APPELLATE JURISDICTION
Appeals in civil, criminal and constitutional cases can be made before the Supreme Court
against the decisions of the High Courts and other subordinate courts.
The Supreme Court can reject, modify or can give fresh verdict in such cases.
Advisory jurisdiction
• The SC advices the President on constitutional matters when asked by the President to
do so.
• This advice is not binding on the President.
Supervisory jurisdiction
• It has supervisory jurisdiction over all the courts below it.
• Can make rules for the courts and check their functioning.
Court of record
• keeps record of all the decisions.
• Used as reference by the lower courts.
Protector of fundamental rights
• Every citizen of India can approach the Supreme Court, if they believe that their
Fundamental Rights have been violated.
Guardian of our constitution
• It has the power to interpret the constitution.
• It does not allow either the executive or the legislature to violate any provisions of the
constitution.
Judicial review
• The judiciary also has the power to review the laws enacted by the Parliament or the
state Legislature to ascertain whether they are in conformity with the provisions of the
Constitution or not. It has the power to declare a law null and void if it violates the
principles of the constitution.

Q10. Explain the main powers and functions of the High Courts.
Ans
• Original Jurisdiction
High court has original jurisdiction in certain matters like those involving fundamental
rights, divorce, wills, matters relating to state revenue and its collection disputes related to
state elections or election petitions.
• Appellate Jurisdiction
Appeals in civil and criminal cases can be made before the High court against the decisions
of the subordinate courts. The high court can give fresh verdict in such cases
• Supervisory Jurisdiction
The high court controls and supervises the working of the lower courts.
It is responsible for the administration of its own affairs as well as for the affairs of its
subordinate courts.
• Court of record
keeps record of all the decisions.
Used as reference by the lower courts.
• Judicial review
The High Court also has the power to review the laws and to strike down particular law
which is found unconditional.