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Social Science 4 Marks Each

Indian Judiciary · Gujarat Board (GSEB) STD 9 (GSEB - English Medium). 6 questions.

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6 questions · timed · auto-graded

Question 14 Marks
Write a brief note about the formation and working of the High Court.
Answer
$(A)$ Appointment of the Judges:
  1. The President of India consults with the Chief Justice of the Supreme Court and the Governor of the respective state to appoint the Chief Justice of the High Court for that state.
  2. The Chief Justice of the High Court is then consulted for appointing other judges of the High Court.
  3. The President is the representative of the Prime Minister and the Cabinet of Ministers. Hence, only the President can appoint a Chief Justice after discussing and consulting with the Prime Minister and the Cabinet Ministers.
  4. Then number of judges is not the same in all the High Courts of India.
  5. If the President feels that the High Court is over loaded, it can appoint ad-noc in-charge judges for a period of two years.
$(B)$ Tenure and removal of the Judges:
  1. The judges of the High Court can remain in power till the age of $62$ years.
  2. If the judges wish to resign, they can submit their resignation to the President.
  3. As per the provision in the Constitution, the President can remove any of the judges of the High Court through the process of impeachment. The Parliament can impeach a judge in case of charges of misconduct or misbehavior of the judges.
  4. The judges of the. High Court can be transferred anywhere in India.
$(C)$ Proceedings:
All the proceedings of the High Court are carried out in English language. On the order of the Legislative Assembly of a state that the work of the High Court is carried out in the vernacular language of that state.
 
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Question 24 Marks
Describe the importance (independence and limitation) of judiciary.
Answer
Importance of judiciary
$(A)$ Independence of the judiciary:
  1. A neutral and impartial judiciary protects and preserves the rights of its citizens.
  2. Judiciary helps to solve difference arising between centre and the state or between one state and the other.
  3. It does an important task of interpreting constitutional the provision given in law. By doing this, the judiciary observes that the Constitution remains supreme at the given point of time.
  4. An independent, firm, impartial and fearless judiciary is extremely important to observe that the legislature or the executive do not violate the Constitution.
  5. The Constitution observes that the judicial process is conducted without any mistake or delay and that the citizens get quick, cheap and equal justice.
$(B)$ Limitation of judiciary:
  1. Although the judiciary remains active and impartial in presence of afert legislature and executive, at times this may not be the case.
  2. Sometimes due to inactiveness in the administration and religence by the executive andthe legislature, the judiciary may not be able to remain fearless, independent and impartial.
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Question 34 Marks
Write a short note: Jurisdictions of the Supreme Court.
Answer
  • The functions and powers of the Supreme Court are, in technical terms, its Jurisdiction. The Constitution of India has assigned the following Jurisdictions to the Supreme Court
  • $1.$ Original Jurisdiction :
  • $(1)$ Resolving the disputes between the Union and the State /States.
  • $(2)$ Resolving disputes between the States.
  • $(3)$ Deciding the disputes related to the elections of the President and the Vice-President of India.
  • $(4)$ Deciding constitutionality of the laws constitutional amendments, executive actions and judicial decisions by exercising the power of Judicial Review.
  • $2.$ Appellate Jurisdiction: It is the final court of appeal. Its jurisdiction relates to the decisions and orders of High Courts and semi judicial tribunals in substantial issues involving the interpretation of the Constitution and laws appeals against the decision of the High Courts in civil matters and criminal cases.
  • $3. $ Advisory Jurisdiction: To give opinion on any constitutional and legal matter referred to it by the President of India.
  • $4. $ Writ Jurisdiction : To issue writs of Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition to protect the Fundamental Rights of the citizens. [The High Courts, too, are given Writ Jurisdiction. However, a citizen can directly approach the Supreme Court.
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Question 44 Marks
Describe the Jurisdictions of the High Court.
Answer
  • Parliament determines the territorial jurisdiction of every High Court. Guwahati High Court has territorial jurisdiction over Assam and six other states in the north-east. The High Court has benches at Kohima, Aizawl, Imphal, Shillong, Agartala and Itanagar The Jurisdictions of the High Court are as follows
  • Original Jurisdiction: The High Courts have Original Jurisdiction in the following matters
  • The High Courts have been given power to admit writ petitions of citizens regarding violation of their fundamental rights. They have power to issue writs of Habeas Corpus, Mandamus Certiorari, Quo Warranto and Prohibition.
  • The High Court admits election petitions challenging the validity of a member of Parliament or the State Legislature.
  • The High Court is given the power of judicial review and thereby declare any law, executive order or judicial decision as unconstitutional.
  • The High Court admits a civil case when the amount is above rupees twenty five thousand.
  • it has original jurisdiction in matters of admiralty, will, divorce, marriage laws, company law and contempt of court.
  • An appeal in criminal cases against the decisions of the District Session Court or the Metropolitan Magistrate’s Court where the sentence of imprisonment exceeds seven years.
  • Supervisory Jurisdiction: It supervises and exercises control over all courts and tribunals within its territorial jurisdiction. It advises the Governor of state regarding posting, promotion and disciplinary action for the person in the judicial service of the state.
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Question 54 Marks
Discuss the Appellate Jurisdiction of the Supreme Court.
Answer
  • The Supreme Court is the final court of appeal. Its Appellate Jurisdiction is as under
  • $1.$ Appeals in constitutional cases : An appeal against any judgement, decree or a final order of a High Court may be filed provided that the High Court certifies that the case involves a substantial question of law as to the interpretation of the provisions of the constitution.
  • $2.$ Appeal in civil cases: An appeal against any judgement decree or final order of a High Court in civil cases such as, company law marriage and divorce, property disputes may be filed in the Supreme Court, provided that the High Court ‘certifies that the case involves a substantial question of law as to interpretation of the provisions of the constitution.
  • $3.$ Appeals in criminal case: All appeals against any judgement, final order, or sentence of a High Court in the criminal cases are admitted by the Supreme Court under the following circumstances
  • $(1)$ The High Court has reversed an order of acquittal and given death sentence to the accused;
  • $(2)$ The High Court has withdrawn the case from subordinate court and awarded death sentence to the accuse person.
  • $(3)$ The High Court certifies that the case is fit for appeal to the Supreme Court.
  • $4.$ Appeals on special leave: The Supreme Court grants special leave to appeal under exceptional circumstances against any judgement decree, sentence or order passed by any court or tribunal, except the courts of Armed forces in India.
  • $5.$ Review of its own decisions : The Supreme Court has right to review of its earlier decision and overrule the same on the basis of ‘Review Petition’.
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Question 64 Marks
Describe the Jurisdictions of the Supreme Court.
Answer
  • The functions and powers of the Supreme Court are, in technical terms, its Jurisdiction. The Constitution of India has assigned the following Jurisdictions to the Supreme Court
  • $1.$ Original Jurisdiction :
  • $(1)$ Resolving the disputes between the Union and the State /States.
  • $(2)$ Resolving disputes between the States.
  • $(3)$ Deciding the disputes related to the elections of the President and the Vice-President of India.
  • $(4)$ Deciding constitutionality of the laws constitutional amendments, executive actions and judicial decisions by exercising the power of Judicial Review.
  • $2.$ Appellate Jurisdiction: It is the final court of appeal. Its jurisdiction relates to the decisions and orders of High Courts and semi judicial tribunals in substantial issues involving the interpretation of the Constitution and laws appeals against the decision of the High Courts in civil matters and criminal cases.
  • $3.$ Advisory Jurisdiction: To give opinion on any constitutional and legal matter referred to it by the President of India.
  • $4.$ Writ Jurisdiction : To issue writs of Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition to protect the Fundamental Rights of the citizens. [The High Courts, too, are given Writ Jurisdiction. However, a citizen can directly approach the Supreme Court.
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4 Marks Each - Social Science STD 9 Questions - Vidyadip