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Class 11 Political Science Chapter 6 Judiciary Solution
Section-A Indian Constitution
Selected Questions & Answers
A. Very Short Answer Type Questions: (Marks for each – 1)
1. Where is the Supreme Court of India located?
Ans: In Delhi.
2. Is the Supreme Court the guardian of the Constitution of India?
Ans: Yes.
3. Who appoints the judges of the Supreme Court?
Ans: The President.
4. At what age do the judges of the Supreme Court retire?
Ans: At the age of 65 years.
5. At what age do the judges of a High Court retire?
Ans: At the age of 62 years.
6. Who determines the number of judges of the Supreme Court?
Ans: Parliament.
7. The Government of Tamil Nadu wants to approach the court to settle the dispute over the Kaveri River. Under which power of the Supreme Court does this fall?
Ans: Original Jurisdiction of the Supreme Court.
B. Short Questions and Answers: (Marks for each – 2)
1. Mention the qualifications of a judge of the Supreme Court.
Ans: The qualifications of a judge of the Supreme Court are:
(a) The person must be a citizen of India.
(b) The person must have at least ten years of experience in a judicial office.
2. Mention two types of powers of the Supreme Court.
Ans: Two types of powers of the Supreme Court are:
(a) Original jurisdiction.
(b) Advisory jurisdiction.
3. What is meant by the independence of the judiciary?
Ans: The independence of the judiciary means that it is free from the control of the executive and the legislature. In other words, judicial independence means that the judiciary functions impartially and is free from the influence of any other authority.
4. What is the judiciary?
Ans: The organ of government that is concerned with the interpretation of laws and the settlement of disputes is called the judiciary.
5. What is judicial activism?
Ans: Judicial activism is a new trend in the Indian judicial system. In recent times, courts have taken a more active role in delivering justice to the public based on petitions involving public interest. The concept of judicial activism is used to explain this development.
6. How can the judges of the Supreme Court be removed?
Ans: Judges of the Supreme Court may be removed before the end of their term on the grounds of proved misbehaviour or incapacity. If a motion for removal is supported by a two-thirds majority of the members present and voting, and by a majority of the total membership of both Houses of Parliament, it is sent to the President, who can then remove the judge from office.
C. Medium Answer Type Questions: (Marks for each – 4)
1. Explain the concept of Judicial Review.
Ans: Judicial Review is a special power of the Supreme Court. The power of the Supreme Court and the High Courts to examine the constitutional validity of laws made by the legislature is called the power of Judicial Review. If any law enacted by the legislature is contrary to the Constitution, the judiciary can declare such a law unconstitutional and invalidate it. However, the term“Judicial Review” is not explicitly mentioned in the Constitution. The concept has developed from the powers exercised by the Supreme Court to examine the validity of laws made by the legislature and to protect the Fundamental Rights of citizens.
2. Discuss the role of the Supreme Court in protecting the Fundamental Rights of citizens.
Ans: The Constitution of India has entrusted the responsibility of protecting the Fundamental Rights of citizens to the judiciary. The Constitution provides two main ways for the protection of these rights:
(a) According to Article 32 of the Constitution, the Supreme Court can issue various writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto in order to protect the rights of citizens.
(b) According to Article 13 of the Constitution, if any law enacted by Parliament violates the Fundamental Rights of citizens, the Supreme Court can declare such a law unconstitutional and invalidate it.
3. What is meant by Writ?
Ans: The Supreme Court and the High Courts are the interpreters of the Constitution and the protectors of the Fundamental Rights of citizens. When the Fundamental Rights of citizens are violated, the Supreme Court may issue certain orders or directions to enforce or protect those rights. Such orders or directions are called “writs.” The writs that may be issued by the Supreme Court and the High Courts include Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
D. Essay Type Questions & Answers: (Marks for each – 6)
1. Discuss the composition, powers, and functions of the Supreme Court.
Ans: The Supreme Court of India is the highest institution of the judicial system of the country. According to Article 124 of the Constitution, the Supreme Court was originally composed of one Chief Justice and seven other judges. Parliament has the power to increase the number of judges. At present, the Supreme Court consists of the Chief Justice and other judges. The judges of the Supreme Court are appointed by the President. The powers of the Supreme Court can mainly be divided into three categories:
(1) Original jurisdiction,
(2) Appellate jurisdiction, and
(3) Advisory jurisdiction. These are briefly discussed below. Original Jurisdiction: According to Article 131 of the Constitution, the Supreme Court exercises original jurisdiction in certain matters. These include:
(1) Settlement of disputes between the Central Government and one or more State Governments.
(2) Settlement of disputes between two or more State Governments.
(3) According to Article 32 of the Constitution, if a citizen approaches the Supreme Court for the protection of his or her Fundamental Rights, the Court may issue various writs to enforce those rights. Appellate Jurisdiction: The Supreme Court can hear appeals against the judgments of High Courts in civil, criminal, and constitutional matters. The appellate jurisdiction of the Supreme Court can be divided into three types:
(a) Constitutional Appeals: According to Article 132 of the Constitution, if a case involves a substantial question of law regarding the interpretation of the Constitution, an appeal can be made to the Supreme Court against the judgment of a High Court.
(b) Civil Appeals: Appeals can be made to the Supreme Court against judgments given by High Courts in civil cases if the High Court certifies that the case is fit for appeal.
(c) Criminal Appeals: Appeals may be made to the Supreme Court against judgments of High Courts in criminal cases, especially when the High Court reverses an order of acquittal and sentences the accused to death, or when it withdraws a case from a lower court, and itself awards the death sentence.
Advisory Jurisdiction: In addition to original and appellate jurisdiction, the Supreme Court also has advisory jurisdiction. If any question of public importance or constitutional interpretation arises, the President may seek the advice of the Supreme Court. However, the President is not bound to follow the advice of the Supreme Court. The government may take action or amend the bill based on the advice given by the Court.
Other Powers: The Supreme Court has the power to review its own judgments and orders. If any dispute arises regarding the meaning of any article of the Constitution, the Supreme Court can interpret it. The Court may also issue various writs or orders when necessary. It also has the power to review the actions of the Central and State Governments. All courts in India are bound to follow the decisions of the Supreme Court.
2. What is the judiciary? Discuss the methods of protecting the independence of the judiciary.
Ans: The organ of the government that is concerned with the interpretation of laws and the settlement of disputes is called the judiciary. The Supreme Court of India occupies the highest position in the judicial system of the country. There are several ways to protect the independence of the judiciary. These are discussed below:
(1) Method of Appointment: A proper method of appointing judges is necessary to protect the independence of the judiciary. Generally, a system in which the judiciary itself plays a major role in the appointment of judges is considered better. Such a system helps the judiciary remain free from the influence of the legislature.
(2) Appointment on the Basis of Merit: To protect judicial independence, judges should be appointed on the basis of merit. Only knowledgeable, honest, competent, and experienced persons should be appointed as judges.
(3) Security of Tenure: The independence of the judiciary also depends on the tenure of judges. If judges do not have security of tenure, they cannot function independently and impartially.
(4) Freedom from Executive and Legislative Control: The judiciary should be kept free from the control of the executive and the legislature so that justice can be delivered independently and impartially.
(5) Removal Procedure: Judges should not be removed without specific charges and without following a special constitutional procedure. This ensures the protection of the independence of the judiciary.
