Very Short Answer Type Questions
1. Mention one function of the judiciary.
Answer: The judiciary settles disputes.
2. What do you mean by ‘judicial review’? [Imp.]
Answer: The judiciary has the power to strike down particular laws passed by the Parliament if it finds they don’t adhere to Constitution. This is known as judicial review.
3. Where were High Courts first established and when?
Answer: High Courts were first established in the three Presidency cities of Calcutta, Bombay and Madras in 1962.
4. The seven north-east states have a common High Court. Where is this located?
Answer: It is located at Guwahati.
5. What do you mean when you say ‘we have an integrated judicial system’? [V. Imp.]
Answer: It means that the decisions made by higher courts are binding on the lower courts.
6. What do you mean by the appellate system? [Imp.]
Answer: It means that a person can appeal to a higher court if they are not satisfied with the judgement of the lower court.
7. Name a few offences that are associated with criminal law.
Answer: Theft, harassing a woman for more dowry, murder.
8. In which Article of the Constitution is the Fundamental Right to Life guaranteed?
Answer: The Fundamental Right to Life is guaranteed in Article 21 of the Constitution.
9. How many judges are there in the Supreme Court?
Answer: There are 26 judges in the Supreme Court.
10. Give full form of FIR and PIL.
Answer: FIR – First Information Report
PIL – Public Interest Litigation
11: Mention the branches of the Legal system.
Answer: The Legal system can be divided into 2 branches, criminal law and civil law.
Short Answer Type Questions
1: What do you understand by the word ‘law’?
Answer: Law is a system of rules, usually imposed through a Government or Institution and is applied to govern a group people. It shapes politics, economics and society in numerous ways.
2: What does judiciary mean?
Answer: In law, the judiciary or judicial system is the system of courts which administers justice in the name of the state. It is the mechanism for the resolution of disputes and pronouncement of punishment. As an organ of the State, the judiciary plays a crucial role in the functioning of India’s democracy.
3: How is the work of the judiciary categorised?
Answer: The Judiciary comprises of courts that take decisions on a very large number of issues. The work of the judiciary can be divided into 3 categories, namely Dispute Resolution, Judicial Review and upholding the Law and Enforcing Fundamental Rights.
4: What is the structure of the judicial system of India?
Answer: The judicial system of India is stratified into various levels. At the apex is the Supreme Court, which is followed by High Courts at the state level, District Courts at the district level and Lok Adalats at the Village and Panchayat Level.
The structure of the courts from the lower to the highest level resembles a pyramid.
5. Why is the judiciary important for the functioning of the democracy in India?
Answer: However, in spite of this there is no denying that the judiciary has played a crucial role in democratic India, serving as a check on the powers of the executive and the legislature as well as in protecting the fundamental rights of citizens. The members of the constituent assembly had quite correctly envisioned a system of courts with an independent judiciary as a key feature of our democracy.
6. What is a Judicial System? What is its role in dispute resolution?
Answer: A judicial system is a mechanism of courts that a citizen can approach when a law is violated. It plays a very significant role in resolving dispute between:
(i) citizens
(ii) citizens and the government
(iii) two state governments
(iv) the centre and state governments
Long Answer Type Questions
1. What is an independent judiciary? Explain in brief. [V. Imp.]
Answer: The Indian Constitution provides for the independence of the judiciary. It means that other branches of the State such as the legislature and the executive cannot interfere in the work of the judiciary. The courts are not under the government and do not act on their behalf. The courts ensure that there is no misuse of power of the legislature and the executive. Anyone can approach the courts if they find that their Fundamental Rights have been violated.
Thus, the courts are not influenced by anyone, not even by the rich and powerful people.
2: Write a brief note on the independence of the judiciary.
Answer: The Judiciary of India is an independent body. It is separate from the Executive and Legislative bodies of the Indian Government. The Executive and Legislature, that is the Central and State Governments, cannot interfere in the work of the judiciary.
The courts are not under the government and do not act on their behalf.
Judges in the High Court as well as the Supreme Court are appointed by the President with very little interference from the other branches of the government. It is also very difficult to remove a judge from his post.
3. What is the structures of the courts in India? [Imp.]
Answer: There are three different levels of courts in India. At the lower level, we have subordinate or district courts. These courts hear many kinds of case. At the state level, we have High Courts. There are 21 High Courts in our country. The High Court is the highest authority in a state. At the top in the Supreme Court. It is the foremost judicial in our country. It is located in New Delhi and is presided over by the Chief Justice of India.
Thus, the structure of the courts from the lower to the highest level is such that it resembles a pyramid.
4. Write a brief note on ‘Public Interest Litigation.’
Answer: Public Interest Litigation (PIL) is a mechanism devised by the Supreme Court of India in the early 1980s to increase access to justice. Under this mechanism any individual or organisation is allowed to file a PIL in the High Court or the Supreme Court on behalf of those whose rights are being violated. The legal process that it involves is very simple. Even a letter or telegram addressed to the Supreme Court or the High Court can be treated as a PIL. Thus, PIL plays a very significant role in facilitating justice.
5. In principle, the courts are accessible to all. But what happens in reality? [V. Imp.]
Answer: In principle, every citizen has a right to justice through the courts. Here, it is worth mentioning that the courts play a very significant role in protecting our Fundamental Rights. If any citizen finds that their Fundamental Rights are violated, they can approach the court.
But things are not the same in reality. Access to courts has always been tough for the poor. These people do not dare to go to the court because they know that the legal procedures are very lengthy and complicated and involve a lot of money.
6. Describe the different branches of the legal system. How do they differ from one another. [V. Imp.]
Answer: Different branches of the legal system are:
(a) Civil, and
(b) Criminal Civil law deals with matters like money, property, marriage disputes, etc. while criminal law deals with theft, murder, etc. Here are the significant differences between civil law and criminal law.
Civil Law | Criminal Law |
Civil law deals with harm or injury to rights of individuals such as disputes relating to sale of land, purchase of goods, marriage, rent matters. | Criminal law deals with conduct or acts that the law defines as offences. Example – theft, robbery, cheating, physical injury and murder. |
Civil cases begin with a petition that is filed before the relevant court by the affected party only. | Criminal cases usually begin with the lodging of an FIR with the police who afterwards investigate the crime after which a case filed in the court. |
7: What is the ‘appellate system’?
Answer: An appellate court, commonly called an appeals court or court of second instance is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court which primarily reviews the decisions of the intermediate courts. A jurisdiction’s supreme court is that jurisdiction’s highest appellate court. Appellate courts nationwide can operate by varying rules.
The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. “Generally speaking, an appellate court’s judgment provides ‘the final directive of the appeals courts as to the matter appealed, setting out with specificity the court’s determination that the action appealed from should be affirmed, reversed, remanded or modified’”.
8: What is “Public interest Litigation”?
Answer: “Public interest Litigation” or PIL is a litigation filed in a court of law, for the protection of “Public Interest”, such as pollution, terrorism, road safety, constructional hazards etc.
PIL can be filed for the following reasons:
1. Violation of basic human rights of the poor
2. Content or conduct of government policy
3. Compel municipal authorities to perform a public duty
4. Violation of religious rights or other basic fundamental rights
5. Any individual or organisation can file a PIL in the High Court or the Supreme
6. Court on behalf of those whose rights are being violated. It is not necessary, that the person filing a case should have a direct interest in the case.
