09 Feb 2022

Judiciary in India Notes – Indian Polity

TNPSC Group 2 Judiciary in India Questions and Answer:

TNPSC Indian Polity notes are consist of a lot of topics, in this page, we upload one of the Judiciary in Indian Constitution TNPSC Notes, Questions, and Answers. Indian Polity study materials questions and answers, important articles, and PDF materials for TNPSC aspirants in English are provided on our site.

The structure of the Judiciary in India notes from the Samacheer Kalvi Class 8, Social Science books for Indian Polity are provided on this page. Candidates who prepared for TNPSC exams kindly go through the Indian polity syllabus for the high scores.

Judiciary in India Notes and Study Materials -Indian Polity:

Judiciary is the third organ of the government. It plays a vital role in protecting the rights and freedom of the citizens.

Supreme Court:

  • The “Supreme Court is the guardian of the Constitution”. Our judiciary is autonomous of the Legislative and Executive wing of the Union and State Government.
  • An integrated judiciary means a single judicial hierarchy for the whole country. The judiciary plays an important role in defensive the rights and freedom of the citizens.
  • It plays an important role in analyzing and interpreting the necessities of laws and the constitution.

Notes: The Supreme Court of India, New Delhi was inaugurated on January 28, 1950. It succeeded the Federal Court of India, established under the Government of India Act of 1935.

Composition of the Supreme Court:

  • At the commencement of the constitution in 1950 our supreme court consisted of 8 judges including the chief justice. At present, the Supreme Court consists of 34 judges including the chief justice.

Appointment of Judges:

  • The Chief Justice of the Supreme Court in India is appointed by the President of India. The other judges are appointed by the President in consultation with the collegiums with Chief Justice Head.

Qualification of Supreme Court Judges:

  •  He must be a citizen of India.
  •  He should have worked as a Judge of a High Court for at least 5 years.
  •  He should have worked as an advocate of the High Court for at least 10 years.
  •  He is in the opinion of the President, a distinguished Jurist.
  • The constitution also provides for the appointment of judges to the Supreme Court on an ad-hoc (temporary) basis.
  • The Chief Justice and other judges of the Supreme Court hold the office up to the age of 65 years.
  • The judges of the Supreme Court can resign before their term by giving their resignation in writing to the President.
  • The Parliament also has the power to remove the Judges by invoking impeachment provisions. The Supreme Court has its permanent seat in “New Delhi”.
  • It may also sit any other place in India which may be decided by the Chief Justice of India with the approval of the President of India.

Powers and Functions of the Supreme Court:

(a) Original Jurisdiction

  • The cases which are brought directly in the first instance to the Supreme Court come under original jurisdiction.
  • These may be (i) a dispute between the Government of India and one or more States or (ii) a Dispute between two or more states (iii) The writs are issued by the Supreme Court for the enforcement of the fundamental rights.

(b) Appellate Jurisdiction

  • The Supreme Court is the final appellate court in the country. As regards the Appellate jurisdiction, the Supreme Court hears appeals against the decisions of the High Court in “civil, criminal and Constitutional” cases with a certificate from the High Court that it is fit to appeal in the Supreme Court.
  • Such a case can be brought before the Supreme Court only if the High Court certifies that the case invites a substantial of law as to the interpretation of the Constitution.

(c) Advisory Jurisdiction

  • The Constitution confers on the President the power to refer to the Supreme Court any question of law or fact which in his opinion is of public importance.

(d) Miscellaneous Jurisdiction

  •  The law declared by Supreme Court is binding on all courts within the territory of India.
  • The Supreme Court is authorized to make rules for regulating, generally the practice and procedure of the court with the approval of the President.

(e) Judicial Review

  • The power of the judiciary to declare a law unconstitutional is known as “Judicial Review”.
  • The Supreme Court enjoys this power. The Supreme Court of India has Individual Review

Power with regard to,

  1. Dispute between the Centre and the States
  2. To interpret and clarify a provision of the constitution about which there are some doubts and differences of opinion.
  3. Protecting the fundamental rights,
  4. Those laws passed by the legislatures are not in accordance with the Constitution.

TNPSC Judiciary in India Questions and Answers:

The Indian Polity Notes and Study Materials for Judiciary in India are provided for TNPSC aspirants.

I.Choose the best answer:

1. The highest and final judicial tribunal of India is-
(a) President   (b) Parliament  (c) Supreme Court   (d) Prime Minister

2. Supreme Court administers ………….
(a) justice   (b) settles disputes  (c) protects fundamental rights  (d) all of the above

3. The judicial system provides a mechanism for resolving disputes between-
(a) Citizen  (b) Citizen and the government  (c) Two-State governments  (d) all the above

4. Dispute between the States of India comes to the Supreme Court under-
(a) Original jurisdiction  (b) Appellate jurisdiction  (c) Advisory jurisdiction  (d) None of these

5. Which of the following state/ Union territories have a common High Court?
(a) Punjab and Jammu Kashmir (b) Assam and Bengal (c) Panjab, Haryana, and Chandigarh
(d) Uttar Pradesh and Bihar

6. The East India Company established a Mayor’s Court in ………….
(a) Madras (b) Bombay (c) Calcutta (d) All of the above

7. In 2005 these courts were established ………….
(a) Mobile courts  (b) Family Courts (c) E – courts (d) None of the above

8. The System of Public Interest Litigation has been introduced in India by-
(a) Supreme Court  (b) Parliament (c) Political parties (d) Constitutional amendments

9. The cases dealing with land records are dealt with by ………….
(a) Sessions Court (b) Panchayat Courts (c) Revenue Courts (d) Lok Adalat

10. How many courts are there at the apex level in India?
(a) One (b) Two (c) Three (d) Four

11. Supreme court is located at-
(a) Chandigarh  (b) Bombay (c) Calcutta (d) New Delhi

12. FIR means-
(a) First Information Report (b) First information Result (c) First Incident Report (d) None of these

13. The court that hears criminal cases are called-
(a) District court (b) Sessions court (c) Family court  (d) Revenue court

II.Fill in the Blanks:

1.The ________High Court is the oldest High Court in India.

2.The framers of the Constitution established ________and _______ judiciary in India.

3._______ a famous French philosopher propounded the idea of an independent judiciary.

4.________ deals with disputes over money, property, and social matters.

5. During ancient times, most of the Kings’ courts dispensed justice according to

Answer:

  1. Calcutta
  2. independent, impartial
  3. Montesquieu
  4. Civil Law
  5. Dharmal

III. Match the following:

  1. Supreme Court – social duties
  2. High Court – speedy justice
  3. Lok Adalat – Highest court of appeal
  4. Sir Elijah Impey – Highest court in the States
  5. Smiritis – chief justice

Answer:

  1. Supreme Court – highest court of appeal
  2. High Court – highest court in the States
  3. Lok Adalat – speedy justice
  4. Sir Elijah Impey – chief justice
  5. Smiritis – social duties

IV. State True or False:

1. The Supreme Court of India was inaugurated on 28th January 1951.

2. During the Tughlaq period, the code of procedure was written in Arabic.

3. The Regulating Act of 1773 made provision for the formation of the Supreme Court.

4.Sadar Diwani Adalat was a Criminal court of appeal.

5. The Allahabad High Court is the largest court in India.

6. The Constitution of India secures justice for all its citizens.

Answer:

  1. False
  2. True
  3. True
  4. False
  5. True
  6. True

V. Choose the correct statement:

1. Consider the following statements.

(i) A law commission was set up by Macaulay.
(ii) It codified the Indian Laws.

Which of the statements given above is/are correct?
(a) (i) only
(b) (ii) only
(c) Both (i) and (ii)
(d) Neither (i) nor (ii)
Answer: (c) Both (i) and (ii)

2. Consider the following statements.

(i) An Indian Penal Code was prepared in 1860.
(ii) The Calcutta High Court was established in 1862.
(iii) The Government of India Act, 1935 created Federal Court

Which of the statements given above is/are correct?
(a) (i) only
(b) (ii), (iii) only
(c) (i),(iii) only
(d) All the above
Answer: (d) All the above

3. Which of the following statement is not true about India’s Supreme Court?
(i) The Supreme Court of India is the highest court of the land.
(ii) It was established by part V under Chapter IV of the Indian Constitution.
(iii) Supreme court cannot transfer cases from one High court to another
(iv) Its decisions are binding on all courts
(a) (i)
(b) (ii)
(c) (iii)
(d) (iv)
Answer:  (c) iii

4. Assertion (A): The Supreme Court is a Court of Record.
Reason (R): It maintains records of the court proceedings and its decisions are finding upon the lower courts.
(a) A is correct and R is wrong.
(b) Both A and R are Wrong
(c) A is correct and R explains A
(d) A is correct and R does not explain A
Answer: (c) A is correct and R explains A

5. Agree or disagree
(a) Every citizen of India can approach the Supreme court.
(b) Rich and powerful people control the judiciary system.
(c) Every citizen has a right to get justice through the courts.
(d) Politicians can not control judges
Answer:  We agree with a, c, and d. Disagree with b

VI. Answer the following in one or two sentences:

1. Why do we need a judicial system?

Answer:
We need a judicial system to ensure proper justice for all. It administers justice, settles disputes interprets laws, protects fundamental rights, and acts as a guardian of the constitution.

2. What are the different levels of courts in India?

Answer:
The different levels of courts in India are

  1. Subordinate Courts.
  2. District Courts.
  3. High Court and
  4. Supreme Court

3. Differentiate Law and Judiciary.

Answer:
Law: System of rules imposed through a government or institution to govern people
Judiciary: The Judiciary or judicial system is the system of courts that administers justice in the name of the state.

4. Write a note on Lok Adalat.

Answer:

  1. Lok Adalat was set up to provide speedy justice.
  2. It hears and settles the disputes in the language of the people in the public presence.
  3. A Lok Adalat is presided over by a retired judge along with a lawyer and a social worker.
  4. Cases are put forward without advocates.
  5. The first Lok Adalat was held in 1982 at Junagadh of Gujarat.

5. What are the advantages of mobile courts?

Answer:
It would create greater awareness about the judicial system among rural masses, cut costs for them, and send justice to their doorstep.

What is the Structure of Judiciary in India:

Structure of courts in India

  • There are three different levels of courts in our country.

Supreme Court of India:

  • Its decisions are binding on all courts.
  • Can transfer judges of High Courts.
  • Move cases from any court to itself.
  • Can transfer cases from one High Court to another.

High Court:

  • Can hear appeals from lower courts.
  • Issue writs for restoring Fundamental Rights.
  • Can deal with cases within the jurisdiction of the State.
  • Exercises superintendence and control over courts below it.

District Court:

  • The Courts that hear civil cases at the district level are called District Courts
  • Deals with cases arising in the District.
  • Considers appeals on decisions given by lower courts.
  • Decides cases involving serious criminal offenses.

Subordinate Courts:

  • Consider cases of civil and criminal nature.

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