Q: You read that one of the main functions of the judiciary is upholding the law and Enforcing Fundamental Rights. Why do you think an independent judiciary is necessary to carry out this important function?

The independence of the judiciary allows the courts to play a central role in ‘upholding the law and Enforcing Fundamental Rights’ as it ensures that there is no misuse of power by the legislature and the executive. Anyone can approach the courts if they believe that their rights have been violated and Politicians or other socially powerful people cannot use their power to change any judgment.

Q: Which one of the following disputes can the Supreme Court not take up?

The Supreme Court has a very high appellate jurisdiction; it is the highest court of appeal. It can settle disputes between state and central governments, between two states and between citizens and state. But it cannot solve disputes between two countries.

Question 1

How can you say that the judiciary in India is one of the most powerful in the world?

Accepted Answer

(i) The judiciary in India is independent. It means it is not under the control of the legislature or the executive. The Supreme Court and the High Courts have the power to interpret the Constitution of the country. (ii) They can declare invalid any law of the legislature or the actions of the executive, whether at the Union level or at the state level, if they find such a law or action is against the Constitution. (iii) Thus, they can determine the constitutional validity of any legislation or action of the executive in the country, when it is challenged before them. This is known as the judicial review. (iv) The Supreme Court of India has also ruled that the core or basic principles of the Constitution cannot be changed by the Parliament. (v) The powers and the independence of the Indian judiciary allow it to act as the guardian of the Fundamental Rights. The citizens have a right to approach the courts to seek remedy in case of any violation of their rights. The courts intervene to prevent the misuse of the government's power to make decisions. They check malpractices on the part of public officials.

Question 2

Explain the power and functions of the Supreme Court.

Accepted Answer

The Supreme Court is the Apex court of India. The judges of Supreme court are appointed by the President in consultation with such other judges of the supreme court and high court. The Supreme Court is primarily a court of appeal though it hears cases in the original jurisdiction. It is the last resort in case of appeals. It is the guarantor and guardian of Fundamental Rights and exercises the power of judicial review to check the actions of legislative and administrative authority. It has the power of giving an advisory opinion to the President in certain matters. It hears interstates disputes and disputes between center and states. It issues writs for the enforcement of fundamental rights and hears PIL (Public Interest Legislation).

Question 3

What are the qualifications of the Supreme Court Judge?

Accepted Answer

Article 124(3) provides for the qualifications required for appointment as a Judge of the Supreme Court. The qualifications are:(a) The person should be a citizen of India; and(b) He/She should have been for at least five years a Judge of a High Court or of two or more such Courts in succession; or(c) He/She has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or(d) He/She is, in the opinion of the President, a distinguished jurist.

Question 4

You read that one of the main functions of the judiciary is upholding the law and Enforcing Fundamental Rights. Why do you think an independent judiciary is necessary to carry out this important function?

Accepted Answer

&#10;&#10;The&#10;independence of the judiciary allows the courts to play a central role in&#10;&#8216;upholding the law and Enforcing Fundamental Rights&#8217; as it ensures that there&#10;is no misuse of power by the legislature and the executive. Anyone can approach&#10;the courts if they believe that their rights have been violated and Politicians&#10;or other socially powerful people cannot use their power to change any judgment.&#10;&#10;

Question 5

Who appoints the judges of the Supreme Court and High Courts?

Accepted Answer

The Judges of the Supreme Court are appointed by the President under &#10;Article 124(4) and 217 of the Constitution of India. The Supreme Court &#10;judges are appointed on the recommendation of the collegium. If the &#10;collegium approves the names, they are sent to the President of India &#10;through the Union government for appointments.

Question 6

Which body acts as the guardian of Fundamental Rights?

Accepted Answer

The body which acts as the guardian of Fundamental Rights is the Supreme Court. The court protect the Fundamental Rights of the citizens from being exploited. The Supreme Court as the Guardian of Fundamental Rights can declare any &#10;law null and void if it violates. The Court also protect these rights if&#10; they are infringed by the action of the executive.

Question 7

What is meant by the term 'Single Integrated Judiciary'?

Accepted Answer

India has Single Integrated Judiciary System, which implies:India does not have separate laws for each state. Instead, the country has one civil and criminal system operating throughout her length and breadth.The judiciary system consists of an Apex court, which is the Supreme Court of India, and different other High Courts and Lower Courts. The functioning of all the courts is controlled by the apex court.The way one can appeal in the judiciary system through the hierarchy of courts, that is from lower court to high court to Supreme Court.

Question 8

Two features of Indian judicial system are ___________.

Accepted Answer

Two features of Indian Judicial system are:-Integrated Judiciary system - The&#10; Constitution establishes a single integrated judicial system for the &#10;whole of India. The Supreme Court of India is the highest court of the &#10;country and below it are the High Courts at the state level.Independent&#10; Judiciary system - The Constitution of India makes judiciary truly &#10;independent. It provides for appointment of judges by the President, &#10;high qualification for appointment of judges, removal of judges by a &#10;difficult method of impeachment.

Question 9

Which one of the following disputes can the Supreme Court not take up?

Accepted Answer

The Supreme Court has a very high appellate&#10;jurisdiction; it is the highest court of appeal. It can settle disputes between&#10;state and central governments, between two states and between citizens and&#10;state. But it cannot solve disputes between two countries.

Question 10

Mention the advisory functions of the Supreme Court.

Accepted Answer

Article 143 of the Indian Constitution empowers the Supreme Court with advisory jurisdiction. This allows the President to seek an opinion of the Supreme Court on any issue of law or matter of public importance on which he deems it urgent to take such an opinion. On such mention from the President, the Supreme Court, after giving the issue such hearing as it deems fit, may report to the President its opinion thereon. The opinion is not compulsory but only advisory, and the President is free to follow or not to follow. However, the opinion extended under advisory jurisdiction carries great weight.