Judiciary Flashcards
What is judiciary?
Judiciary is an important organ of the Government which is concerned with settling disputes between individuals or groups or government on the basis of the rule of law. Earlier all the judicial powers used to be vested in the king under the Monarchy system but now in a democratic setup, judiciary is structural as a separate organ of the Government.
Why do we need Judiciary?
In any group or society, disputes are bound to occur due to different individual and group interests of the people which need to be settled up to the satisfaction of all that are concerned by an independent, competent, and impartial body. To serve these needs, a separate organ of the Government is structural as the judiciary in modern democracies. Judiciary, besides settling disputes, performs a number of other functions for society.
Write three main functions of the Judiciary
- Settling the disputes among the people
- It protects the Rule of Law and ensures the supremacy of law
- Safeguarding the rights of the people and the constitution.
What do you mean by the independence of the judiciary?
Basically, independence of judiciary means that judiciary is allowed to work independently, impartially without undue interference of executive and legislature. Independence of Judiciary also means that the judges should be appointed on merit with definite qualifications and experience and they should enjoy long tenure. They shall not be removed in an arbitrary manner. The approval of the legislature is not required for salaries and allowances of the judges.
The instructions of the judiciary have to be followed by the legislature and executive of the country.
How the judges are appointed in India?
The judges are appointed for Supreme court and“High Court by the President of India with the consultation of the Chief Justice of India and the Chief Justice of concerned High Court (in a case of High Court Judges) The constitution of India has provided, qualification and experience for the appointment of judges.
How the judges can be removed?
it is provided in the Constitution that the judges can be removed from the office by impeachment in which the charges are levelled in one house of the Parliament and are listened and examined in next house. If the charges are proved correct, the judges stand impeached.
What do you mean by the integrated judiciary?
We in India have integrated judiciary which means that at the apex is the Supreme Court and at the bottom is the lower court (District Court). It is a Pyramid (ladder) like structure. The Supreme Court has administrative and supervisory control on lower courts and it listens to the appeal against the decisions of the lower courts.
Discuss the composition of the Supreme Court of India.
Supreme Court of India consists of 26 judges including Chief Justice, who are appointed by the President of India. To become a judge in the Supreme Court one should have experience of Judge for 5 years in the High Court or 10 years of an advocate in the Supreme Court. He should be a distinguished jurist in the eye of President.
What is original jurisdiction of Supreme Court of India?
In original jurisdiction of Supreme Court of India following cases are taken up.
Disputes between Centre and State Governments.
Disputes between the two states.
Disputes related to Fundamental Rights
Disputes in which issue of interpretation of the constitution is involved.
What is the jurisdiction of the High Court?
Almost every state has its High Court. It stands in the middle of the judicial system. High Courts have the following jurisdiction: Original Jurisdiction Appellate Jurisdiction Supervisory Jurisdiction Administrative Jurisdiction Court of record
What is District Court?
District Court is at the lowest level of Indian judicial system. Its judges are appointed by the Governor with the consultation of Chief Justice of High Courts. Its functions are as under:
Deals with the cases arising in the District
Considers appeals on decisions given by lower courts
Decides cases involving serious criminal offences.
District Cases have administrative control on subordinate courts.
What is the role of Indian Judiciary?
It settles disputes
It interprets the Constitution and acts its guardian
It protects the Fundamental Rights of the people.
It protects the federal system.
It helps in the development of the constitution
What do you understand by Judicial activism?
The term Judicial activism refers to the working of Judiciary beyond its given area. It is said that when executive and legislature fail, the judiciary starts. It is called Judicial activism. In our constitution procedure established by law is allowed under which the judiciary can examine whether a particular law is according to the provisions of the Constitution or not. But our judiciary is going beyond its limit and is commenting on every policy and political matter which is referred to as Judicial activism.
What is the Power of Judicial Activism?
The power of Judicial Review is the power of judiciary under which it can examine the constitutional validity of an order issued by the executive and legislation passed by the legislature. If the court finds it contrary to the provisions of the Constitution it can declare them as unconstitutional. On the basis of this power judicial is playing a very effective role in checking the executive and legislature but in the process, it is going beyond its jurisdiction Hence it is called as Judicial activism.
What is PIL Public Interest Litigation?
PIL Public Interest Litigation means taking up the case of weaker and poor people to the court who are unable to take up their case themselves due to some reasons.
