Goyal Brothers Prakashan Class 10 Civics Solutions Chapter 4 The Union Judiciary: The Supreme Court

Question 1.
Name the highest judicial body in India.
Answer:
The Supreme Court is the highest judicial body in India.

Question 2.
What is the necessity of a Supreme Court in a Federal State?
Answer:
An independent judicial setup is a must for any federation. It ensures, on the one hand the interpretation of the Constitution while on the other hand, it resolves disputes Constitutional or – otherwise, between the Union and the States.

Question 3.
How can number of Judges of the Supreme Court be increased? Who appoints the Chief Justice and other Judges of the Supreme Court?
Answer:
Every Judge of the Supreme Court is appointed by the President. The appointments are made after consultations with such of the Judges of the Supreme Court and of High Courts as the President may deem necessary. The President appoints the Chief Justice and other Judges of the Supreme Court.

He must consult the Chief Justice of the Supreme Court before appointing any Judge. Similarly, while appointing the Chief Justice, he should consult the judges of the Supreme Court and the Chief Justice of the High Court, whom he may think fit. Normally, the senior-most judges in the Supreme Court is appointed as the Chief Justice of India.

Question 4.
Mention any two qualifications that have been laid down for a Judge of the Supreme Court?
Answer:
In order to become a Judge of the Supreme Court one must possess the following qualifications:

  1. One must be the citizen of India.
  2. One must have been for at least five years a judge of a High Court or
  3. an advocate of a High Court for at least 10 years or
  4. one must be, in the opinion of the President a distinguished jurist.

Question 5.
What does a Judge of the Supreme Court affirm in his Oath of Office?
Answer:
Every judge before entering upon his offices, makes an affirmation that

  • he will be as true faith and allegiance to the Constitution
  • he will uphold the sovereignty and integrity of India
  • he will perform the duties of his office without fear, favour, affection or ill will.

Question 6.
What is the term of office of a Judge of the Supreme Court?
Answer:
The judge of a Supreme Court holds office till they complete 65 years of age.

Question 7.
Mention the grounds on which a Judge of the Supreme Court can be removed.
Answer:
A judge of the Supreme Court may be removed on two grounds.

  • Proved misbehaviour or
  • Incapacity.

Question 8.
What procedure has been laid down for the removal of a Judge of the Supreme Court?
Answer:
A judge can be removed when an address of each House of Parliament, passed by a majority of the total membership of that House and by majority of not less than two-thirds of the members present and voting has been presented to the President.

Question 9.
Under what circumstances can the salaries and allowances of the Judges of Supreme Court be reduced?
Answer:
The salaries and allowances of die Judge may be reduced only during periods of financial emergency.

Question 10.
Mention two ways in which the Constitution ensures the Independence and impartiality of the Judges of the Supreme Court.
Answer:
The independence of the Judges of the Supreme Court is ensured by the following provisions :

  1. A judge enjoys the security of Tenure. He can remain in office, till he has attained the age of 65 years.
  2. The salaries and allowances of the judges can not reduced except during financial emergency. Moreover, they are charged on the Consolidated Fund of India.

Question 11.
What is meant by the term ‘Jurisdiction’? Mention two types of cases regarding which the Supreme Court exercises Original Jurisdiction
Or
Mention two such disputes regarding which the Supreme Court has exclusive jurisdiction.
Answer:
‘Jurisdiction’ implies the power that a Court of law exercises to carry out judgements and enforce laws.
The Supreme Court exercises the Original jurisdiction in the following cases :

  1. A dispute between the Government of India and one or more States
  2. Disputes between two or more States.

Question 12.
What is meant by ‘Appellate Jurisdiction’? Name two types of cases in which an appeal shall lie to the Supreme Court.
Answer:
The Appellate Jurisdiction implies that the Supreme Court is the final Court of appeal in India. Thus, appeals in specific criminal and civil cases can be made to the Supreme Court against the decisions of the State High Courts.
Appeals shall lie to the Supreme Court in

  1. matter involving interpretation of the Constitution.
  2. case involves a substantial question of law of general importance.

Question 13.
Mention appellate jurisdiction of the Supreme Court in regard to civil matters.
Answer:
Appeals in civil matters lie to the Supreme Court of the High Court Certifies:

  • case involves substantial question of law of general importance.
  • that the question needs to be decided by the Supreme Court.

Question 14.
Mention appellate jurisdiction of the Supreme Court in regard to criminal matters.
Answer:
An appeal lies to the Supreme Court.

  • if the sessions judge has acquitted, but the High Court on an appeal from the Government reverses the decision of acquittal and sentences the accussed to death.
  • if the High Court has withdrawn any case from a sub-ordinate and has convicted the accused and sentenced him to death.

Question 15.
What is meant by ‘Special Leave to Appeal’ by the Supreme Court?
Answer:
The ‘Special Leave to Appeal’ by the Supreme Court implies that it can itself grant special leave to appeal from the judgement of any Court or tribunal in the India. Though the Supreme Court grants special leave in exceptional cases, where grave injustice has been done.

Question 16.
What is meant by the Advisory function of the Supreme Court.
Or
If the President of India considers that a question of law or fact should be referred to the Supreme Court, under which jurisdiction may the Supreme Court report its opinion to the President?
Answer:
The President may refer any question of law or fact of public importance to the Supreme Court for opinion. However, such advice is not binding upon the President.

Question 17.
In what way is the Supreme Court protector (guardian) of the Fundamental Rights?
Or
Name any of the Writs issued by the Supreme Court to enforce Fundamental Rights.
Answer:
Any citizen whose rights have been violated, may move the Supreme Court for the enforcement of the rights. The Supreme Court has the power to issue units, in the nature of Habeas Corpus, Mandamus, Prohibition, Writ of Quo-Warranto and Certiorari for the enforcement of any of the Fundamental Rights.

Question 18.
What is meant by ‘Review of Judgements’, by the Supreme Court? (Revisory Jurisdiction) ?
Answer:
The Supreme Court enjoys the power to review or reconsider their own judgements. This provision shows that human judgement is fallible and Court may rectify, something that was misjudged.

Question 19.
What do we mean when we say that the Supreme Court is a Court of Record?
Answer:
The Supreme Court acts as the Court of Record. All decisions and decrees issued by the Supreme Court itself are duly printed and kept in record for future reference in the Court as well as for the use of lawyers in their pleadings.

Question 20.
What is meant by the term ‘Writ’?
Answer:
A ‘Writ’ is a legal instrument to enforce obedience to the orders of a Court. The Constitution empowers the Supreme Court and the High Courts to issue writs.

Question 21.
What is meant by Public Interest Litigation (PIL)?
Answer:
Public Interest Litigation means that any public-spirited individual or organisation can move the Court on behalf of the general public.

P.Q. Give one example of Public Interest Litigation being entertained by the Supreme Court.
Answer:
In the case of the ‘Bonded Labourers’ in the Bhiwani district of Haryana, the Supreme Court-appointed two commissioners (an advocate and a journalist) to inquire into the conditions of the workers. They were freed from their bondage.

Question 22.
Name the Courts which are competent to issue Writs for the enforcement of the Fundamental Rights.
Answer:

  • The Supreme Court
  • The High Court

Question 23.
What is the scope or purpose of the Writ of Habeas Corpus?
Answer:
By issuing such a Writ, the Court can get the body of any person released if it has been unlawfully captured by any person or a group of persons by the State. The Writ is thus, a great safeguard for the personal freedom of a citizen.

Question 24.
What is the purpose of Writ of Mandamus?
Answer:
This Writ is a sort of command from a Superior Court to a Subordinate Court or an administrative authority in case they refuse to exercise their jurisdiction and fail to perform their duty.

Question 25.
What is the purpose of the Writ of Quo Warranto?
Answer:
This Writ calls upon the person to show under what authority he holds the office. If the Court decides that the person concerned is holding that office illegally, it may declare the office to be vacant.

Question 26.
What is meant by ‘Judicial Review’?
Answer:
The Supreme Court is the guardian of the Constitution. It can declare any law, executive order or ordinances null and void if these are found to be inconsistent with the provisions of the Constitution.

Question 27.
Why is the Supreme Court known as Guardian and Final Interpreter of the Constitution?
Answer:
The Supreme Court is known as Guardian and Final Interpreter of the Constitution as it has the final say on the interpretation of the Constitution.

Question 28.
Give any one instance of the use of the power of Judicial Review by the Supreme Court.
Or
Give one instance of the interpretation of the Constitution by the Supreme Court.
Answer:
The Supreme Court exercises the Judicial Review in case there is a dispute between the Union Government and a State or between States.

Question 29.
Give any one reason why the power of Judicial Review has utility (or significance).
Answer:
The Constitution has provided limited powers to the Centre and the States. If the Union Government or States go beyond their limits, the functioning of a federal Government will become difficult. Only a Supreme Court can settle the dispute between the Union Government and State with a view to ensure smooth functioning of the federal structure.

Question 30.
Mention any two administrative functions of the Supreme Court.
Answer:

  1. Appointment of officers and servants of the Supreme Court 7 are made by the Chief Justice of India or by such other judge as he may direct.
  2. The Court makes rules as to the conduct of advocates and other persons appearing before it. It also makes rules as to the fees to be charged in respect of proceedings in the Court.

Structured Questions

Question 1.
With reference to the composition and organisation of the Supreme Court, explain the following :
(a) Composition of the Supreme Court
(b) Manner of Appointment of the Judges
(c) Qualifications for appointment as a Judge
(d) Procedure for removing the Judges (Impeachment Procedure)
Answer:
(a) In accordance with an Act of 2008 the Supreme Court consists of the Chief Justice of India and not more than thirty other judges. Delhi is the Seat of the Supreme Court. The Court may sit in such other place or places as the Chief Justice of India may, with the approval of the President, decide.

(b) The President appoints the Chief Justice and other judges of the Supreme Court. He consults the Chief Justice of the Supreme Court, before appointing any judge. Similarly, while appointing the Chief Justice, he should consult the Judges of the Supreme Court and the Chief Justice of the High Court, whom he may think fit. Normally, the senior-most judges in the Supreme Court is appointed as the Chief Justice of India. The Constitution also provides for the appointment of Judges on Adhoc basis as and when required. A provision also exists for appointing retired judges of the Supreme and High Courts to act as Judges of the Supreme Court when required.

(c) A person to be appointed as a Judge of a Supreme Court must possess following qualifications :

  • He must be a citizen of India. ‘
  • He must have worked as a Judge in any of the High Courts continuously, for not less than five years, or
  • He must have been an advocate of a High Court for at least 10 years standing or
  • He has been an eminent jurist in the opinion of the President.

(d) The Chief Justice and other judges of the Supreme Court hold office till they complete 65 years of age.
The Judge may be removed from his office by the President on the ground of proved misbehaviour or incapacity. The process of his removal can be initiated when an address of each of House of Parliament passed by a majority of the total membership of that House and by majority of not less than two-thirds of the members present and voting, has been presented to the President.

Question 2.
With reference to the Independence and Impartiality of the Supreme Court, answer the following questions :
(a) Why is the Judiciary kept independent of the control of Executive and Legislature?
(b) Explain the role of these factors in securing Independence of the Supreme court :
(i) Mode of Appointment of Judges
(ii) Security of Tenure
(iii) Security of Salary and Allowances, and
(iv) Power to punish for Contempt of itself
Answer:
(a) The Supreme Court and the High Courts administer justice not only between citizen and citizen but also between ‘State’ and a ‘Citizen’. Judges’ independence is essential for the functioning of a democratic Constitution. An independent judiciary is said to be the first condition of liberty.

(b)

  • In appointing the Judges, the President shall consult the Chief Justice of India. Neither the Government (the Ministers) nor the Chief Justice of India acting of his own, can have full control over the appointment of judges. In other words, neither political bias, nor personal favouritism would play any part in the appointment of the Judges. Thus, it has enhanced the independence of the Judiciary.
  • A judge can remain in office till he has attained the age of 65 years. He can be removed by the President on the ground of proved misbehaviour or incapacity on an Address of each House of Parliament. The word ‘proved’ signifies that the Address can only be presented after an allegation has been throughly examined by some impartial tribunal.
  • The salary and Allowances of the Judges cannot be reduced to their disadvantage during term of office. However, only during the financial emergency, their salaries and allowances can be reduced to meet financial crisis in the Country or State. Moreover, the salaries of the judges are charged on the Consolidated Fund of India and is not subject to vote of Parliament.
  • Genuine criticism of a judgement is allowed, but nothing should be done to lower the authority or dignity of the Court. The Supreme Court has the Power to punish for Contempt of itself.

Question 3.
The Country’s judicial system has a Supreme Court at its apex. It has an extensive Jurisdiction. In this context discuss the following :
(a) Its Original Jurisdiction
(b) It’s Appellate Jurisdiction
Answer:
The Supreme Court has an extensive Jurisdiction-both Original and Appellate.
(a) The Original Jurisdiction extends to those cases, which the Supreme Court has authority to hear and decide in the first instance. The Supreme Court in its Original Jurisdiction entertains suits in the following cases :

  • A dispute between the Government of India and one or more States.
  • Disputes between two or more States.
  • A dispute between the Union and any State on one side and other States on the other side.
  • Suits entertaining the enforcement of Fundamental Rights. Such suits can be brought by private individuals, against the Union Government on a State Government.
  • Original jurisdiction entends to such other cases, in which an interpretation of the Constitution is involved.

(b) The Supreme Court is the highest Court of law in the country. The cases that can be brought before the Supreme Court only through an appeal and form the Appellate Jurisdiction of the Court as under :
Criminal Cases

  • A criminal suit, where a person is acquitted by the sessions court, but awarded capital punishment by the High Court, can be brought on appeal to the Supreme Court.
  • An appeal can be made to the Supreme Court, where a High Court withdraws a criminal case from a Lower Court. Convicts a person and awards capital punishment.
  • A case where a High Court itself certifies that it involves a substantial point of law and calls for the interpretation of the Constitution.

Civil Suits. Any civil suit, where a High Court itself certifies that substantial point of law is involved and interpretation of the Constitution is required.
Constitutional Matters
All matters, irrespective of the nature, where a certificate is issued by a High Court that it involves an important point of law and needs interpretation of the Constitution can be brought before the Supreme Court.

Question 4.
With reference to powers and functions of the Supreme Court answer the following questions :
(a) What is its Advisory or Consultative Jurisdiction?
(b) What is meant by the statement that the Supreme Court is a Court of Record?
Answer:
(a) The Supreme Court enjoys yet another important function, to advise any Government department, Legislature, the President or the Council of Ministers on the matter of Constitutional as well as other matter of law. Though two points need to be mentioned, Firstly, the Supreme Court is not bound to express any opinion on the questions submitted to it. Secondly, the advisory opinion of the Supreme Court is not binding on the President or on other coruts, as it is not a judicial decision.

(b) The Supreme Court acts as the Court of Record also. All the decisions and decrees issued by the Supreme Court itself are duly printed and kept in record for future reference in the Court as well as for the use of lawyers in their pleadings. Important decisions by the High Court of the land are also kept in record for future reference by the Supreme Court.

Question 5.
With reference to the Supreme Court’s role as protector of Fundamental Rights, explain the significance of the following Writs :
(a) Writ of Habeas Corpus
(b) Writ of Mandamus –
(c) Writ of Quo Warranto
Answer:
The Supreme Court being the Guardian of the Fundamental Rights of the citizen, can issue following Writs to the offending party/ parties.
(a) Writ Of Habeas Corpus
‘Habeas Corpus’ is a Latin term, which meansyou may have the body’. It provides a remedy for a person who has been unlawfully held in person or in police custody. The Supreme Court and the High Courts may command the detaining authority to bring the prisoner into Courts to explain why he is being held. If the cause is insufficient, the prisoner is at once unconditionally released.

(b) Writ Of Mandamus
‘Mandamus’ is a Latin term meaning “we command” The purpose of the writ is to compel an inferior Court or an individual to perform their duty.

(c) Writ Of Quo Warranto
This Writ is directed against a person, who has wrongfully taken over an office. The Writ calls upon the person to show under what authority he holds the office. If the Court decides that the person concerned, is holding that office illegally, it may declare the office to be vacant.

Question 6.
Supreme Court is the Guardian and Final Interpreter of the Constitution. In this context answer the following questions:
(a) What is meant by Judicial Review?
(b) What is the scope of Judicial Review?
(c) What is the significance of the power of Judicial Review in view of the Federal character of the Constitution?
Answer:
(a) Judicial Review may be defined as the power of the Supreme Court to examine the laws passed by the Legislature and orders issued by the Executive officials to fund, whether they are consistent with the provisions of the Constitution. In case they clash with the provisions of the Constitution, the Supreme Court may declare them null and void.

(b) The Supreme Court exercises the Judicial Review in the following ways :

  • Dispute arising between the Union Government and a State or between the States, the Supreme Court can decide it.
  • The Supreme Court has the power to review all National and State laws, and Executive Orders and declare them null and void, if they go against the provisions of the Constitution.
  • The Supreme Court is the Guardian of the Fundamental Rights. It is empowered to issue various Writs to enforce the Fundamental Rights.

(c) No doubt, the Legislature possesses the highest position in a democracy, but the power of Judicial Review has its own importance, because of following reasons :

  • Indian Constitution is a written Constitution. Any article of the Constitution or law may be ambiguously worded so, naturally the question of interpretation of the Constitution is bound to arise. Thus, Supreme Court, through its power of Judicial Review is the final interpretation of the Constitution.
  • The Constitution has provided unlimited powers to the Centre and the States. If the Union Government or States go beyond their limits, the functioning of a federal Government will become difficult. Only a Supreme Court can settle the dispute between the Union Government and its Units.
  • The Legislature lacks expertise and sense of partiality to explain the real meaning of the law. This function can be best performed by a judicial body alone.
    Thus, Judicial Review ensures smooth working of the three wings of the Government viz. the executive, legislative and judicial.

ICSE History and Civics Class 10 Goyal Brothers Prakashan Solutions

Leave a Reply

Your email address will not be published. Required fields are marked *