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.

Question 1

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 2

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 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

What is meant by Judicial Review?

Accepted Answer

Judicial Review refers to the power of the judiciary to interpret the constitution and to declare any such law or order of the legislature and executive void if it finds them in conflict with the Constitution of India. It acts as an important tool to ensure that all legislative, executive, administrative actions conform to the provisions of the nation&#8217;s Constitution. The Supreme Court has been vested with the power of judicial review by various provisions of the Constitution.

Question 7

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 8

The main sources of law in India are:1. The Constitution2. Statutes3. Customary law4. Judicial decisions of superior courts.

Accepted Answer

The legal system is the skeleton of any Country. The sources of laws in India are numerous. Foremostly, the constitution which is the supreme law of the land and which paves way for other laws to be made. Parliament enacts legislation on a particular subject matter and so do State legislature which prevails in form of law. Customary practices which are old and accepted by people and is in force since time immemorial become usage which is recognized by law. The case decided by courts (superior courts) mostly on the points when there is the absence of any express law acquires the form of law as precedents in the country.

Question 9

The retirement age of the judges of the High Courts and the Supreme Court are respectively ____________________.

Accepted Answer

Originally the age of the retirement of the judges of the High Courts was fixed at 60 but it was raised to 62 in 1963 according to the 15th amendment of the Constitution. Supreme court judges retire at the age of 65.

Question 10

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.

Revise with Concepts

Functioning of Courts

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Quick Summary With Stories

Role of Judiciary and Its Independence