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Social Science 3 Marks Each

Indian Judiciary · Gujarat Board (GSEB) STD 9 (GSEB - English Medium). 13 questions.

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13 questions · timed · auto-graded

Question 13 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 which attend to the criminal cases.
  • (5) The District Court is presided over by the District judge. There are courts of Civil judge Class I and Il 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.
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Question 23 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 prone 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.
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Question 33 Marks
Write short note : Court of Record.
Answer
  • (1) Court of Record implies that 1 judgement delivered by the Supreme Court well as the High Courts are recorded.
  • (2) This record, when documented, assure the form of case law. These document judgements can be cited by the legal practitioner in their arguments before the court.
  • (3) The judgements decisions of the Supreme - Court are binding on all courts in India a cannot be overlooked by the judges while deciding similar types of cases.
  • (4) Similarly, the decisions judgement delivered by the High Court are binding on courts within its territorial jurisdiction. (Stat over which it has authority)
  • (5) The Supreme Court High Court can - issue a notice of the contempt of the court when its judgements decision were overlooked by any lower court or authority of person. The contempt of court leads to punishment of those - persons authorities.
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Question 43 Marks
Write short note : 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.
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Question 53 Marks
Write short note : Independence of Judiciary.
Answer
  • (1) Independence of judiciary implies Justice without fear or favour.
  • (2) To make judiciary independent, it 1s - 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.
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Question 63 Marks
Judiciary is the foundation of democracy.
Answer
  1. India is a democratic country and its people are considered sovereign. This means that in a democratic country its ‘people’ are above all and they should be given social, political and economic equality when they seek justice.
  2. The Constitution of India is designed to protect the fundamental rights of the people.
  3. Keeping this objective in mind, the Indian Constitution has kept judiciary independent, firm and fearless from the other two organs namely, the legislative and the executive,
  4. With such massive power in its hand, the judiciary can take action and punish anyone who offends the legal system of the countiy and tries to snatch away democratic rights.
  5. Thus, Indian judiciary in true sense respects the democracy and works as the foundation of democracy.
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Question 73 Marks
Write short note : 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 which the Union Government and the Government of one or more than one states are involved.
  • (2) Resolves the constitutional disputed between the states.
  • (3) Resolves the constitutional / legal matter by interpreting the constitution.
  • (4) Resolves the disputes arising out of election of the President or the Vice-President of India.
  • (5) Exercises writ jurisdiction to protect Fundamental Rights of the citizens.
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Question 83 Marks
Give a brief idea of several small courts that run in a district.
Answer
  1. A district consists of several courts. A few of them are discussed below.
  2. A district has ‘Small Cause Court’ and ‘Family Court’.
  3. There is also a Revenue Court for hearing cases related to land and revenue and Labour Court for hearing labour disputes.
  4. Moreover, each district has a ‘Fast Track Court’ whose objective is to run the case fast and solve it as soon as possible. For hearing the cases of POTA i.e., Prevention of Terrorism Act, there are POTA Courts in Gujarat.
  5. All these courts have gathered attention by decentralising their administration and function independently, firmly and lawfully.
  6. Simultaneously people have become aware of all these types of courts and are taking their benefits to solve their cases.
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Question 93 Marks
Give a brief idea of various tribunals that exists in a district.
Answer
Tribunals:
  1. A district has several tribunals for solving various cases.
  2. For example, there is a tribunal for compensating loss that occurs during road accidents.
  3. Also, there is a tribunal for recovering debts.
  4. For protecting consumer rights, there is a tribunal called ‘Consumer’s Rights Protection Forum’.
  5. For protection the service and other rights of the teachers and professors, there is a tribunal called ‘Gujarat Educational Organisation Service Tribunal’.
  6. These tribunals function like a court. They help the petitioners to recover their losses and receive compensation.
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Question 103 Marks
Write a short note on the Civil and Criminal Court.
Answer
District Court:
A District Court is broadly divided into
(A) Civil Court and
(B) Criminal Court.(A) Civil Court:
  1. A judge who handles the civil cases is called as the District Judge.
  2. Judgements of the lower courts can be challenged in the District Court.
  3. The District Court hears all the civil cases involving matters of rupee one lakh or more either by the government or against the government.
  4. The judge of the District Court hears all the cases involving matters of marriage, divorce, alimony, reforms, parental custody.
(B) Criminal (Session) Court:
  1. The District Magistrate presides over the Session Court.
  2. The Session Courts includes court of Civil Judge – Class I and II.
  3. Mamlatdar and Executive Magistrate Court are also a part of District Court.
  4. These courts have the power to imprison a person for 3 to 10 years and fine a penalty up to rupees 5000 or more.
  5. In case of a murder the court can give capital punishment, life time imprisonment and also life sentence.
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Question 113 Marks
Explain briefly the appointment and qualification of the District Judge.
Answer
Appointment:
The appointment as well as the promotion of a District Judge is done by the Governor of the respective state after consulting the High Court of that state.Qualifications:
  1. A person to be appointed as a District Judge should be a citizen of India.
  2. He should have practiced as an advocate for at least seven years.
  3. An officer in the judiciary of either the state or the central government is eligible to be appointed as the Judge of the District Court.
  4. All the other judges other than the District Judge are appointed by the Governor or the High Court by consulting the State Public Service Commission and as per the rules framed by the Constitution.
  5. The judge who handles civil cases is called the District Judge and the one who handles criminal cases is called Session Judge.
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Question 123 Marks
Which powers are held by the Supreme Court other that the three jurisdictions?
Answer
Other powers of the Supreme Court:
  1. The Supreme Court has the power to review its own judgements.
  2. It can punish the one who contempt the courts.
  3. The Supreme Court can nullify steps or laws of the executive in case if it violates the Constitution. This right has been given to the President in the Constitution under the Right to Constitutional Remedies.
  4. If the Supreme Court feels that a law, amendment in the Constitution or decision made by the lower courts do not align with the Constitution then it can declare it as unconstitutional.
  5. As per the Constitution of India, citizens have been given the Right to Constitutional Remedies. In case if the citizens feel they are deprived of these rights they can approach the Supreme Court.
  6. The court issues Writs to protect the fundamental rights of the citizens.
  7. Thus, the Supreme Courtis the guardian as well as savior of the Constitution and citizens.
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Question 133 Marks
Write short note : Advisory Jurisdiction of the supreme Court.
Answer
  • (1) The Supreme Court tenders advnce to the President of India on the constitutio. and legal matters, involving issues of put interest and those involving interpretation of constitution.
  • (2) The Supreme Court gives advise opinion only when it is sought by the Preside In other words, the Supreme Court on its cannot dwell upon any matter
  • (3) Since the opinion/advice given by Supreme Court is recommendatory it is 1 binding upon the President to accept the same.
  • (4) Practical wisdom tends the President accept the opinion.
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3 Marks Each - Social Science STD 9 Questions - Vidyadip