CLASS- 8 CHAPTER-20 THE UNION GOVERNMENT (THE JUDICIARY)

SHORT QUESTON AND ANSWER-

1.QUESTION

What is meant by independence of judiciary? Give any two examples to prove that Indian judiciary is Independent.

ANSWER

Justice is possible only if the judiciary is independent impartial and unbiased. The Judiciary not only protest the rights of the citizen but also resolves various disputes arising out of civil cases, criminal cases and constitutional matters without any pressure from the executive or the legislature.

2.QUESTION

Differentiate between civil and criminal cases with the help of examples.

ANSWER

Civil Cases--

Civil Cases relate to disputes over property, marriage, money, rent matters, purchase of the goods etc. They also include the infringement or violation of rights of individuals. There are civil laws to settle and decide civil cases.

Criminal Cases-

 The criminal cases involve offences like robberies, murders, cheating harassing of women , beating, violence, kidnaping, etc. Tax evasion is also criminal offence, the criminal cases begin with the lodging of an FIR.

3.QUESTION

Describe the composition of Criminal Courts and Revenue Courts.

ANSWER

Criminal Courts-

For criminal cases in district, the highest court of the Sessions Judge. Below this court, there are court of Magistrate of First , Second and Third Class. In the 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, Tehsildar and Assistant Tehsildar work under the Board of Revenue which hears the final appeals against the lower revenue courts.

4.QUESTION

What qualifications are required to be a judge of the Supreme Court? How can a judge of the Supreme Court be removed?

ANSWER

Qualifications of Judges of the Supreme Court-

1. A person must be a citizen of India.

2. A person must be a judge of the High Court/Courts for a minimum period of five years .

3.A person must be a distinguished jurist in the opinion of the President of India.

President can be removed only on grounds of proved misbehavior or incapacity to discharge functions by the President on the basis of a resolution passed by each House of the Parliament by a special majority during the same session. This process is called impeachment.

5.QUESTION

"India has a single unified and integrated judicial system" Explain.

ANSWER

It is a unique feature of our federal democratic setup. It has the power to supervise and control the working of entire judicial system in India.

It ensure justice of all. The Supreme Court is the Apex Court followed by the High Courts in the states and then the subordinate courts in every district. The lower court in the judicial hierarchical order is the court magistrate. Lower Courts are controlled and supervised by the High Court.

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LONG QUESTION AND ANSWER

Question1.

Briefly describe any five power and function of Supreme Court of India. 

ANSWER-

1.Original Jurisdiction :-Original jurisdiction 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 arising

 (i) between the Union and one or more States. 

(ii) between the Union and a State/States visa-vis one role or more States. 

(iii) between two or more States. Inter-state disputes regarding sharing of water and power also come under this category.

2.Advisory jurisdiction- It covers constitutional issues or matters of public importance if the President of India desires to obtain the opinion of the Supreme Court. Any such opinion given by the Supreme Court is not binding on the President. 

3.Supervisory Jurisdiction:-It  empowers the Supreme Court to supervise the functioning of all the courts below it.

4.Court of Record -The Supreme Court functions as the Court of Record under which the proceedings of the court are preserved. These records can be cited as precedents future in all the courts in the country. 

5.Protector of Fundamental Rights -As Protector of Fundamental Rights, the Supreme Court may declare a law passed by the legislature null and void, if it encroaches upon the Fundamental Rights of the people. Therefore, our Fundamental Rights are secure in the hands of the Supreme Court. 

Question2.

Explain the main power and functions of High Courts. 

Answer

1.The original jurisdiction of High Court is very limited. 

2.Cases involving violation of fundamental Rights, disputes related to the election of Member of Parliament or Member of Legislative Assembly. 

3.The cases pertaining to marriage, divorce etc are also taken up by the High court. 

4.The High Court also has power of Judicial Review. 

5.Like the Supreme court of India, a High court is also " a Court of Record ."

Question 3. 

State the significance of Public Interest Litigation in the Indian Judicial System. 

Answer-

1.If the court is convinced that the matter is of public importance, it will take up and decide the case  is PIL. 

2.Public Interest Litigation is a novel idea. It helps the poor, the illiterate and the ignorant. 

3.The success story of various PILS has encouraged people to initiate more and more PILs matters of urgent public importance. 

4.It seems that PIL has served the purpose for which it we devised and has proved to be a boon for the common man.

5.It has set right a number of wrone. committed by an individual or society. It has brought legal aid to millions of poor, illiterate and ignorant Indians.

Question 4.

Explain the concept of Lok Adalats? Why are they called People's Courts? 

Answer:-

 As an effort to simplify the legal procedures, reduce the cost of litigation and to provide speedy justice, Lok Adalats have been set-up.

First Lok Adalat was held in Delhi in the year 1985.You will be surprised to know that about 150 cases were settled on the first day. 

The Lok Adalat is normally presided over by a retired judge.

 The disputing parties plead their case themselves.

 No advocate or pleader is allowed to argue the case.

 Even witnesses are not examined.

 Efforts are made to settle disputes through compromise, mutual agreement and on-the-spot decisions.

 So the Lok Adalat also know as People's Courts. 

Question 5.

Describe the composition of the High court. Explain the qualifications, tenure and method of removal of the High court judges. 

Answer-

 Composition of high court:-

 The High Court consists of a Chief Justice and some other judges. The number of judges varies fom state to state, depending on its size and population. The Chief Justice of a High Court is oppointed by the President of India in consultation with the Chief Justice of the Supreme Court and he Governor of the concerned state. 

Qualifications  of high court judges:-

Any citizen of India who has been an advocate in one or more High Courts for at least 10 years or holder of a judicial office in Subordinate Courts for a period of 10 years, is eligible for appointment as judge in a High Court.

Tenure and Removal of high court judges:-

A judges may continue to remain in office till the attainment of 62 years of age. 

The judges of the High court can be removal from office by the President of India in the same manner as the judges of the Supreme court through impeachment. 

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