Questions

3 Marks Each

🎯

Test yourself on this topic

7 questions · timed · auto-graded

Question 13 Marks
Write short note : Lok Adalats and Public Interest Litigations
Answer
Lok Adalats: (1) Lok Adalats and Public Interest Litigation (PIL) are judicial innovations of 1980's, to provide speedy (without delay) and inexpensive justice to the poor and the weaker sections of the society.
(2) Legal Aid Centres were established all over the country for assisting the litigants in the matters brought before the Lok Adalats.
(3) Lok Adalats are organised on Sunday and other days of public holidays at the district and taluka level.
(4) The presiding officers offer their services voluntarily. These include the retired judges. eminent lawyers and social workers.
(5) Most matters brought before the Lok Adalats are petty disputes. In an informal manner, the disputes are resolved by arriving at mutually acceptable compromise.
(6) Lok Adalats have led to speedy disposal of long-standing petty disputes, with no expenses borne by the litigants.
Public Interest Litigation (PIL): (1) PIL is manifestation of judicial activism. Members of public or the NGOs can address a letter to the High Court or Supreme Court inviting intervention of the court in the specific matter.
(2) The Supreme Court and the High Courts have admitted a large number of matters of public interest without the normal court procedure.
(3) The hearing of PIL takes place before the court and orders are passed within a couple of days to the concerned authorities.
(4) PIL has brought relief to the weaker sections by intervention of the judiciary.
View full question & answer
Question 23 Marks
Write short note : Subordinate Courts
Answer
(1) Those courts which function under the supervision and control of the High Court are named as subordinate courts.
(2) These courts function at the district and taluka level, as well as in metropolitan cities.
(3) These courts are broadly divided into civil and criminal courts.
(4) The District Sessions Court is presided over by the District Magistrate. There are the courts of Magistrate Class I and II which attend to the criminal cases.
(5) The District Court is presided over by the District judge. There are courts of Civil judge Class 1 and 11 which deal with the civil matters.
(6) There are family courts, fast track courts. labour courts, small cause courts, revenue courts at the city, taluka and district levels.
View full question & answer
Question 33 Marks
Court of Record
Answer
(1) Court of Record implies that the judgement delivered by the Supreme Court as well as the High Courts are recorded.
(2) This record, when documented, assumes the form of case law. These documented judgements can be cited by the legal practitioners in their arguments before the court.
(3) The judgements/decisions of the Supreme Court are binding on all courts in India and cannot be overlooked by the judges while deciding similar types of cases.
(4) Similarly, the decisions/judgements delivered by the High Court are binding on all courts within its territorial jurisdiction. (States over which it has authority.)
(5) The Supreme Court/High Court can issue a notice of the contempt of the court when its judgements/deciston were overlooked by any lower court or authority or person. The contempt of court leads to punishment of those persons authorities.
View full question & answer
Question 43 Marks
Write short note : Independence of Judiciary
Answer
(1) Independence of judiciary implies Justice without fear or favour.
(2) To make judiciary Independent, it is separated from the legislature and executive.
(3) Several provisions have been made to protect independence of judiciary. These include provisions related to the appointment of the judges, the eligibility conditions, security of tenure, provision for the removal of the incompetent judges, restrictions on practice after retirement and protection from public criticism on the decisions of the Judges.
(4) Attractive salary and service conditions are offered to preserve the dignity of the judges. to ensure that the judges do not indulge in mal-practices and that the best legal talent is attracted to the judicial offices.
View full question & answer
Question 53 Marks
Appellate jurisdiction/powers of the High Court
Answer
Every High Court admits and decides upon the judgements/decisions/orders issued by the Subordinate Courts and the tribunals.
The Appellate Jurisdiction of the High Court is as under:
(1) In the civil matters, the amount exceeds rupees twenty five thousand.
(2) In the criminal cases, the District sessions court has awarded punishment of four or more years imprisonment.
(3) In criminal cases, death sentence has been ordered (which cannot be executed without permission of the High Court).
(4) Against the orders of the tribunals.
(5) Those cases which involve substantial issue regarding interpretation of law/constitution are transferred to the High Court at the request of the litigants.
View full question & answer
Question 63 Marks
Advisory Jurisdiction of the Supreme Court
Answer
(1) The Supreme Court tenders advice to the President of India on the constitutional and legal matters. involving issues of public interest and those involving interpretation of the constitution.
(2) The Supreme Court gives advisory opinion only when it is sought by the President. In other words, the Supreme Court on its own cannot dwell upon any matter.
(3) Since the opinion/advice given by the Supreme Court is recommendatory, it is not binding upon the President to accept the same.
(4) Practical wisdom tends the President to accept the opinion.
View full question & answer
Question 73 Marks
Original Jurisdiction of the Supreme Court ### State the powers under the Original Jurisdiction of the Supreme Court.
Answer
The Original Jurisdiction of the Supreme Court is as follows:
(1) Resolves the constitutional disputes in which the Union Government and the Governments of one or more than one states are involved.
(2) Resolves the constitutional disputes between the states.
(3) Resolves the constitutional/legal matters by interpreting the constitution.
(4) Resolves the disputes arising out of the election of the President or the Vice-President of India.
(5) Exercises writ jurisdiction to protect the Fundamental Rights of the citizens.
View full question & answer
3 Marks Each - Social Science STD 9 Questions - Vidyadip