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14 questions · timed · auto-graded

Question 13 Marks
Answer The following question : State the benefits of the Lok Adalat.
Answer
The benefits of the Lok Adalat are as below :
$(1)$ Through Lok Adalat many cases have resulted in peaceful, amicable and permanent settlement on the spot between both the parties.
$(2)$ Citizens and the court save both, their time and money.
$(3)$ Cases that have been delayed for years are off inexpensively and quickly.
$(4)$ Citizens are saved from legal complexities.
$(5)$ The poor and exploited people of society get justice easily, quickly and inexpensively.
$(6)$ Judgements of the Lok Adalat have legal backing.
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Question 23 Marks
Answer The following question briefly : In which judgements has the Supreme Court protected the fundamental rights of citizens? Why?
Answer
The Constitution of India has always protected the autonomy of the Judiciary. In the name of that right, the Supreme Court of India as well as the High Courts of the states have given powerful (momentous) judgements and protected the rights of the citizens and have contributed towards the formation of a judicious social system, as well.
In India, the protection of the fundamental rights of citizens was discussed in detail in the judgement of the much debated case of Mr Keshvanand Bharti versus the Government of Kerala in which the power of the Parliament on the basis of majority in influencing fundamental rights of citizens. The Constitutional Bench of the Supreme Court had delivered a landmark judgement at the end of this case.
In the judgement of the case of Justice Puttaswami versus the Union of India, the Supreme Court had protected the fundamental right to privacy of citizens because the Constitution of India guarantees the fundamental right to privacy to all citizens.
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Question 33 Marks
Answer The following question briefly : How can a judge of the Supreme Court be removed from his office? Explain. OR Explain the proceedings of Impeachment.
Answer
The judge of the Supreme Court can be removed from his position (office) by impeachment proceedings on the basis of proven misbehaviour, incapacity and the violation of Consututional limits.
A judge of the Supreme Court can be removed from office only on the basis of a resolution passed by a majority of the present and voting members in both the Houses of Parliament. This is called Proceedings of Impeachment.
During the Impeachment proceedings. the concerned judge is given an opportunity to appear in the Parliament and make a statement in his defence.
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Question 43 Marks
Write short notes on : Lok Adalats
Answer
In the present time the backlog of cases in the courts is increasing day by day. To reduce the backlog of such cases. Lok Adalats are held by the Law Department of the Government The Gujarat State Legal Service Authority High Court of Gujarat has established permanent Lok Adalats in some districts of Gujarat There is no court fee for filing a case of any type of procedure in these courts.
The cases that have been delayed for years can be disposed off quickly and inexpensively through Lok Adalats. In addition Lok Adalat brings peaceful, amicable and permanent settlement on the spot for both the parties.
The benefits of Lok Adalat: Refer to the answer of sub-question $(2)$ of $9. 2$. Exercise Questions-Answers.
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Question 53 Marks
Write short notes on : Public Interest Litigation - PIL
Answer
The interest of socially and economically weaker classes of society is the prime aim in Public Interest Litigation. A Public Interest Litigation can be filed in the High Court of state and the Supreme Court Any person or organization of society can file a Public Interest Litigation by becoming an applicant. Both the courts accept the public interest claim even when the complaint is made on a postcard or an ordinary letter and give orders to the concerned people The Public Interest Litigation has made a significant contribution to making the Judiciary more people-oriented.
If any Public Interest Litigation is found unnecessary or inappropriate the court may punish or fine the applicant (petitioner). The court is authorised to do so in order to prevent the misuse of Public Interest Litigation.
The High Court or the Supreme Court can take legal action by filing an automatic ($SUO \ MOTO$) complaint by taking help of the news published in the newspapers regarding violation of the rights of citizens or public interest.
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Question 63 Marks
Write short notes on : Independence of the Judiciary
Answer
A picture of the Goddess of Justice Larly Jusure is ghren above She has a blindfold on her eyes and a balance in her bound h indicates that Lady Justice weighs justice without any favour or feeling of like or dislike. The sword in the hand of Lady Justler shoes that if the crime is proved the criminal must be punished. These symbols of Lady Jusure are pointers of the Judiciary.
The Judiciary has been kept independent from the executive so that judges can administer justice and do their duty impartially neutrally honestly and fearlessly without being embarrased tempted or pressured by the Executive of the country The independence of Judiciary is protected by making special provision for this in the Constitution of India.
The judges of the High Court or the Supreme Court may be removed from their position by impeachment proceedings if their misbehaviour or incapacity is proved.
The Judiciary of India is purely institutional based. In the Judiciary, no matter how influendal a person is he/she is not above the law The Judiciary does not work according to anyone's autocracy will or discretion, I administers justice according to the laws enacted and enforced by the representatives of the people.
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Question 73 Marks
Write short notes on : Court of Records
Answer
The court which has value of the record of judgement and when it is presented, its legality cannot be challenged, is called the 'Court of Records. The Supreme Court is the 'Court of Records'. The Supreme Court preserves its own judgements or decisions, interpretations of the law, etc. in the form of documents. These judgements and decisions are obligatory to all the citizens and all other courts of the country. Other courts give their own judgements based on them. They use these judgements as a reference. The Supreme Court forms the rules and regulations for the proceedings of all the courts of the country. It is compulsory for all courts to abide by these rules.
The Supreme Court records and publishes its own judgements given for each case. The judgements and decisions of the Supreme Court are ultimate. There can be no appeal against them.
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Question 83 Marks
Write short notes on : The powers and functions of the Supreme Court
Answer
The powers and functions of the Supreme Court are as follows
$(1)$ The Supreme Court hears all kinds of appeals against judgements given by its subordinate courts including the High Court.
$(2)$ The Supreme Court hears the appeals against the judgements made for the interpretation of the Constitution.
$(3)$ The Supreme Court has the power to penalize anyone for contempt of any Indian Court including itself or for contempt of law.
$(4)$ The Supreme Court has the authority to review the judgements made earlier by itself.
$(5)$ The Supreme Court has the power to resolve the dispute related to the election of the President or the Vice-President.
$(6)$ The Supreme Court has the power to dismiss any step or order or decision taken by the Executive, and which is not compatible with the Constitution to protect rights of the citizen. As an exception, no appeal can be made in the Supreme Court against the judgement given by the Military Court under martial law.
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Question 93 Marks
Write short notes on : Supreme Court
Answer
The Supreme Court of our country is located in Delhi The Supreme Court is at the top of all the courts of the country. The Supreme Court of India was established on $28th$ January, $1950.$
The President appoints the Chief Justice and the other judges of the Supreme Court on the advice of the Prime Minister. The Chief Justice of the Supreme Court is generally appointed on the basis of seniority The other judges of the Supreme Court are appointed on the basis of the duration of their service.
Before assuming office. each judge of the Supreme Court takes an oath before the President for being loyal to the Constitution and for the secrecy of the position.
The judges of the Supreme Court can be removed by impeachment procedure on the basis of proven misbehaviour, incapacity and violation of Constitutional limits. A judge of the Supreme Court can be removed from office only on the basis of a resolution passed by a two-third majority of the present and voting members in both the Houses of Parliament.
The Supreme Court is officially conducted in English language. In this court, only the lawyers of both the parties make arguments during court proceedings. The complainant or the accused are presented in the court only if necessary.
After hearing the arguments of the lawyers of both the parties. the Supreme Court gives its verdict. There can be no appeal for justice against the judgement of the Supreme Court. The judgement passed by the Supreme Court is obligatory to all other courts.
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Question 103 Marks
Write short notes on : High Courts
Answer
Generally, there is one High Court in each state. But there may be one High Court for two or more states. For example the North Eastern states of India-ie Assam. Arunachal Pradesh, Manipur Meghalaya Mizoram Nagaland and Tripura as well as Punjab and Haryana and the states of Andhra Pradesh and Telangana have only one High Court The jurisdiction of all the High Courts of the country has been fixed. The High Courts are the link between the Subordinate Courts and the Supreme Court. The High Court at the state level enjoys the same position and dignity as the Supreme Court at the central level The High Court is the highest court at state level and it administers justice by interpreting the law.
The Chief Justice of the High Court is appointed by the President in consultation with the Senior Judges of High Court as well as the Governor of the respective state. The other judges are also appointed by the President in consultation with the Chief Justice of the High Court of the respective state All High Courts of the country do not have equal number of Judges Before assuming office, the Governor or the person appointed by him makes the person appointed as a judge of High Court take an oath or affirmation for the position and secrecy and to sign that oath.
The High Court is officially conducted in English. The complainant and the accused are not required to be present in the High Court The lawyers of both the parties present their arguments of the case before the judge If needed the accused or the complainant are brought to the court An appeal can be filed in the Supreme Court against the order of the High Court.
The High Court of Gujarat is located on the Gandhinagar - Sarkhej Highway in Ahmedabad.
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Question 113 Marks
Write short notes on : District Courts
Answer
Each district has both Civil Courts and Criminal Courts. In the District Court, when the judge deals with civil cases, he is known as the 'District Judge' and when he deals with criminal cases, he is known as the 'Sessions Judge'. Claims of up to one lakh rupees are filed in the civil court of each district. The criminal court can give punishment with imprisonment for $3$ to $10$ years and fine of up to $5000$ or more as well as life imprisonment and capital punishment or imprisonment for $10$ years or more for a murder case.
There are City Civil Courts. Sessions Courts and Labour Courts for problems of labourers in metro cilles The Chief Judicial Magistrate Additional Chief Judicial Magistrate and Metropolitan Magistrate have the power to give punishment of $7$ years or more and a fine of any amount of money.
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Question 123 Marks
Write short notes on : Taluka Courts
Answer
The Courts located in every taluka place are also known as Taluka Courts. The court of the Civil Judge is the lowest court. In this court, cases involving amounts up to the limit of rs.$25$ lakhs are taken for hearing.
The Subordinate Court of the Judicial Magistrate is the lowest court for criminal matters. The Judicial Magistrate hears criminal cases. He has the power to punish a criminal with imprisonment up to three years and a find of up to ₹$10,000.$
One can file an appeal in the District Court against the judgement given by the Taluka Courts.
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Question 133 Marks
Write short notes on : The Subordinate Courts
Answer
The courts under the jurisdiction of the High Court of the state and functioning under its control are called 'Subordinate Courts or Lower Courts. Subordinate Courts include all District Courts and Taluka Courts of the state.
The structure and functions of the subordinate courts of jurisdiction across the country are more or less similar All Subordinate Courts function under the supervision of the concerned High Court.
Both the complainant and the accused are made present in the Subordinate Courts. They present their case before the judges through their respective lawyers. After listening to the arguments of the accused and the complainant. the judge gives the verdict.
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Question 143 Marks
Write short notes on : The Structure of the Judiciary
Answer
The Judiciary is the third organ of the government. It administers justice to the citizens of the country. For this. Taluka Courts, District Courts, High Courts and the Supreme Court have been established in the country. Taluka Courts are the foundation of the Indian Judiciary; while the Supreme Court is at the top. The Indian Union has a constant, uniform, integrated and independent Judiciary for the whole country.
In the Judiciary of our country, justice is given for both types of complaints - civil cases and criminal cases. Complaints for the right to a house, land or other property are called 'civil cases'. While complaints about theft. loot. murder, combating, etc. are called 'criminal cases'.
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3 Marks Each - Social Science STD 8 Questions - Vidyadip