Question 1

Question 11A detained person has not been produced before the magistrate within 24 hours of arrest. Which legal remedy is available to him/her?Writ of MandamusWrit of Quo WarrantsWrit of Habeas CorpusWrit of Prohibition.

Accepted Answer

Writ of Habeas Corpus

Question 2

Question 12If the Supreme Court declares a law made by the Central Government as null and void, which power is used by it?Revisory JurisdictionJudicial ReviewAdvisory JurisdictionAll of the above.

Accepted Answer

Judicial Review

Question 3

Question 6Mention any one power of the Supreme Court which is not enjoyed by other courts. What happens if either the Parliament or a State Legislature passes any law that is against the Constitution?

Accepted Answer

One power of the Supreme Court, which is not enjoyed by other Courts, is that only Supreme Court has the right to revise its earlier decisions.The Supreme Court has the power to review laws passed by the Union or State legislatures. If either the Parliament or a State Legislature passes any law that is against the Constitution, the Supreme Court can declare the law 'ultra vires' or null and void. This power is referred to as the power of judicial review.

Question 4

Question 7What is meant by the term 'Writ'? Name any two writs issued by the Supreme Court.

Accepted Answer

A writ is an order from a judicial authority asking a person to perform some act or refrain from performing an act.Two writs issued by the Supreme Court are-Writ of ProhibitionWrit of Certiorari

Question 5

Question 8Who is the protector and final interpreter of the Constitution?

Accepted Answer

The Supreme Court of India is the protector and final interpreter of the Constitution.

Question 6

Question 9Mention two types under which an appeal in a criminal case lies to the Supreme Court.

Accepted Answer

Two types under which an appeal in a criminal case lies to the Supreme Court are-Cases without the certificate of the High Court.Cases with the certificate of the High Court.The certificate of the High Court is not required in a case:where the High Court has reversed the judgement of acquittal given by the Lower Court and punished the accused with a death sentence.which is withdrawn by the High Court from a Subordinate Court and sentenced the accused to death.

Question 7

Question 10State the difference between the Original jurisdiction and the Appellate jurisdiction.

Accepted Answer

The differences between the Original jurisdiction and the Appellate jurisdiction are as follows-Original jurisdictionAppellate jurisdictionOriginal Jurisdiction means the power to hear and determine a dispute in the first instance; i.e., those cases which cannot be moved in any court other than the Supreme Court.Appellate Jurisdiction means the powers to grant special leave to appeal against the judgement delivered by any court in the country.It deals with Centre-State or Inter-State disputes, protection of fundamental rights, transfer of cases from lower courts and interpretation of Constitution.The appellate jurisdiction extends to Constitutional, civil and criminal cases.

Question 8

Question 1The Supreme Court is the apex court in the entire judicial set up in India. In this context answer the following questions:(a) What is meant by the term Single Integrated Judicial System?(b) Mention three kinds of cases which come under Appellate jurisdiction of the Supreme Court.(c) Mention the types of cases that come under Original jurisdiction.

Accepted Answer

(a) Under our Constitution the judiciary is a single integrated system of courts for the Union and the states with the Supreme Court at the apex. By the single integrated system we mean-The Supreme Court is the head of the entire system and not only supervises but also exercises control over the functioning of other courts.There are no separate sets of laws and a single civil and criminal system operates throughout the country.All cases coming from the Lower Courts can be taken to the High Court and ultimately to the Supreme Court, by way of appeal.Below the Supreme Court stand the High Courts of different States and under each High Court there is a hierarchy of other subordinate courts.(b) Three kinds of cases which come under appellate jurisdiction of the Supreme Court are:Constitutional Cases — All matters irrespective of the nature, where a certificate is issued by a High Court that it involves an important point of law and needs interpretation of the Constitution, can be brought before the Supreme Court. If the High Court refuses to give a certificate on such a case the Supreme Court can grant special leave of appeal.Civil cases — Appeals in civil matters lie to the Supreme Court, if the High Court certifies:that the case involves a substantial question of law of general importance, andthat the question needs to be decided by the Supreme CourtCriminal Cases — Two types of appeals in criminal cases lie in the Supreme Court.Cases with the certificate of the High CourtCases without the certificate of the High Court. The certificate of the High Court is not required in a case:Where the High Court has reversed the judgement of acquittal given by the Lower Court and punished the accused with a death sentence.A case which is withdrawn by the High Court from a Subordinate Court and sentenced the accused to death.(c) The types of cases that come under Original jurisdiction of Supreme Court are as follows:Centre-State or Inter-State Disputes — The Supreme Court has been given exclusive original jurisdiction in any dispute:between Government of India and one or more Statesbetween Government of India and any State or States on one side and one or more States on the otherbetween two or more StatesProtection of Fundamental Rights — The original jurisdiction also extends to cases of violation of the Fundamental Rights of individuals and the court can issue several writs for the enforcement of these rights.Transfer of Cases from Lower Courts — The Supreme Court may transfer to itself cases from one or more High Courts, if these involve questions of law or cases are of great importance. The Supreme Court may transfer cases from one High Court to another in the interest of Justice.Interpretation of Constitution — All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court. The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional validity of central laws.

Question 9

Question 2The independence of the judiciary is necessary in a federal democratic set-up. In this context, describe the part played by the following:(a) Security of Tenure of Office.(b) Security of Salary and Allowances of the Judges.(c) Power to punish for Contempt of itself.

Accepted Answer

(a) A Judge can remain in office till he has attained the age of 65 years. He can be removed by the President on the ground of "proved misbehaviour or incapacity."(b) Judges' salaries, allowances, etc., shall not be changed to their disadvantage during their term of office. The salaries of the Judges cannot be reduced except during periods of financial emergency. Their salaries and allowances are charged on the Consolidated Fund of India and so are not subject to vote of Parliament.(c) The Supreme Court can punish for the contempt of court if a person or authority makes an attempt to lower its authority.

Question 10

Question 3The Supreme Court has extensive jurisdiction. In this context answer the following:(a) What is meant by 'Appellate Jurisdiction'? Name two types of cases in which an appeal shall lie to the Supreme Court.(b) What do you understand by advisory functions of the Supreme Court? State the types of cases where the Supreme Court may be required to express its opinion.(c) What is meant by Revisory Jurisdiction of the Supreme Court?

Accepted Answer

(a) Appellate Jurisdiction means the powers to grant special leave to appeal against the judgement delivered by any court in the country. The appellate jurisdiction extends to Constitutional, civil and criminal cases.Two types of cases in which an Appeal shall lie to the Supreme Court are-Constitutional casesCivil cases(b) The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public importance as may be referred to it for consideration by the President of India.The Supreme Court may be required to express its opinion in two classes of matters, in an advisory capacity:Any question of law may be referred to the Supreme Court if the President considers that the question is of public importance and it is necessary to obtain the opinion of the Supreme Court. Such opinion of the Supreme Court is advisory and not binding on the Government nor is it executable as a judgement of the Supreme Court.Disputes arising out of pre-Constitution treaties and agreements which are excluded from original jurisdiction by Article 131.(c) The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a view to removing any mistake or error that might have crept in the judgement or order. This is because the Supreme Court is a court of record and its decisions are of evidentiary value and cannot be questioned in any court.

Question 11

Question 4Discuss how the Constitution has ensured that the Supreme Court acts as:(a) Custodian of the Constitution.(b) Guardian of the Fundamental Rights.(c) A Court of Records and its implication.

Accepted Answer

(a) All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court.The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional validity of central laws.The Supreme Court is the interpreter of the Constitution and its decision is final.It has the power to review laws passed by the Union or State legislatures.The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review.The minimum number of Judges to hear and decide a case involving interpretation of the Constitution shall be five.The Supreme Court has the power to review all National and State laws and executive orders and declare them null and void, if they go against the provisions of the Constitution.(b) The original jurisdiction of Supreme Court extends to cases of violation of the Fundamental Rights of individuals and the court can issue several writs for the enforcement of these rights.Any citizen whose rights are violated may move the Supreme Court for the enforcement of the rights.The Supreme Court has power to issue orders or writs, in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights.The Constitution prohibits the State from making any law which takes away or abridges the Fundamental Rights.If it does so, the law shall be declared null and void by the Supreme Court.(c) A Court of Record is a court whose judgements are recorded for evidence and testimony.The judgements are in the nature of 'precedents', i.e., the High Courts and other Courts are bound to give a similar decision in a similar case. They are not to be questioned when they are produced before any subordinate court.The Supreme Court shall be a "Court of Record" and shall have all the powers of such a court including the power to punish for contempt of itself.The Court of Record has two implications:(i) Its judgements and orders are preserved as record. These can be produced in any court as precedents.(ii) If a person commits a contempt of court,. the court has the authority to punish him. No authority can deprive the court of this right.

Question 12

Question 5Supreme Court has many functions to protect the interests of all citizens. In this context, answer the following questions:(a) What is meant by Judicial Review?(b) What is the significance of the power of Judicial Review?(c) Mention three ways in which the Constitution ensures the independence of the Judges of the Supreme Court.

Accepted Answer

(a) The Supreme Court is the interpreter of the Constitution and its decision is final.It has the power to review laws passed by the Union or State legislatures.The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review.(b) The Constitution has provided for a balance of powers between the Centre and the States. If the Union government or the State go beyond their limits, the Supreme Court can settle the dispute.In a written Constitution a law may be ambiguously worked. The question of interpretation of the Constitution is bound to arise and the Supreme Court only has the power of original jurisdiction.The legislature may not possess the wisdom, experience and impartiality which are needed to explain what the law means.This function can be best performed by the Supreme Court.(c) Three ways in which the Constitution ensures the independence of the Judges of the Supreme Court are-Appointment of Judges — Every Judge of the Supreme Court is appointed by the President after consultation with the Cabinet as well as the Judges of Supreme Court and High Court. Thus, the judiciary and the executive are involved in the appointment of Judges.Security of Tenure — A Judge can remain in office till he has attained the age of 65 years. He can be removed by the President on the ground of "proved misbehaviour or incapacity."Punishment for Contempt of Court — The Supreme Court can punish for the contempt of court if a person or authority makes an attempt to lower its authority.

The Supreme Court

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