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Solutions for History & Civics, Class 10, ICSE
(A) Both the judiciary and the executive are involved in the appointment of Judges of the Supreme Court.
(R) Every Judge of the Supreme Court is appointed by the President of India in consultation with the Judges of Supreme Court and High Courts, besides the Council of Ministers.
Both (A) and (R) are true, (R) is the correct explanation of (A)
Explanation — The appointment of Supreme Court judges involves both the Executive (President and Council of Ministers) and the Judiciary (Chief Justice of India and other judges from the Supreme Court and High Courts). This ensures a balanced approach in judicial appointments.
(A) Both the Supreme Court and the High Courts have the power of Original jurisdiction to settle disputes between Central government and one or more States and UTs.
(R) The Supreme Court has Original jurisdiction with regard to the enforcement of Fundamental Rights.
(A) is false, but (R) is true
Explanation — Assertion (A) is false because only the Supreme Court, not High Courts, settles disputes between the Centre and States under original jurisdiction. High Courts do not have original jurisdiction in these cases.
Which of the following statements about Judiciary in India are correct?
P: There are separate sets of laws for the Centre and the States.
Q: The Supreme Court of India consists of a Chief Justice and 25 other judges.
R: The Supreme Court exercises control over the functioning of other courts in India.
S: The judiciary in India is independent of the other two organs of the government i.e., Legislature and Executive.
R and S
Identify the qualifications for appointment as a Judge of the Supreme Court?
P: He/She has been for at least ten years a Judge of a High Court or two or more such courts in succession.
Q: He/She has been an advocate for at least ten years of a High Court or two or more such courts in succession.
R: He/She is a distinguished jurist in the opinion of the President.
S: He/She has been a member of important enquiry commissions.
Q and R
Identify the cases in which the Supreme Court holds Original Jurisdiction?
P: To hear and determine a dispute between Government of India and one or more States.
Q: In cases involving the violation of the Fundamental Rights of individuals.
R: Appeals in criminal cases.
S: All matters that involve interpretation of the Constitution.
P, Q and S
Identify the functions of the Supreme Court of India.
P: To settle disputes between different ministries.
Q: To issue writs for the enforcement of Fundamental Rights.
R: To give its verdict on the interpretation of the Constitution.
S: To advice the Prime Minister of India on any question of law.
Q and R
Study the figure and answer the following questions:
(a) Identify the building in the picture. Where is it located? What is the position of this court in the entire judicial set up in India?
(b) State three qualifications required to be the judge of this court.
(c) How does this court maintain the sanctity of the Constitution of India?
(a) The figure shows the Supreme Court of India. It is located in New Delhi.
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. The Supreme Court is the head of the entire system and not only supervises but also exercises control over the functioning of other courts.
(b) A person is not qualified for appointment as a judge of the Supreme Court unless he is a citizen of India, and
(c) All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court.
A group of senior Supreme Court judges, headed by the CJI would make recommendations to the President on who should be appointed as a judge of the Supreme Court. The CJI is required to consult the four senior most judges of the Supreme Court and may also consult senior High Court judges before making any recommendation to the President of India in this regard. This came to be known as the Collegium System which allows a college of persons (judges) to appoint judges.
A Judge of the Supreme Court cannot be removed from office except by an order of the President on the ground of proved misbehaviour or incapacity. This charge needs to be proved only by a joint address by both houses of Parliament and supported by a two-third majority of members present and voting. The word 'proved' is very important. It means that an allegation has been thoroughly examined by some impartial tribunal. This procedure is known as impeachment.
A Judge of the Supreme Court cannot be removed from office except by an order of the President on the ground of proved misbehaviour or incapacity.
The salaries and other emoluments of the Judges of Supreme Court are decided by the President of India according to Article 125 of the Constitution of India. The salaries of the judges cannot be reduced except during the period of financial emergency. Their salaries and allowances are charged to the Consolidated Fund of India and so are not subject to vote of Parliament.
The three types of jurisdiction of the Supreme Court are-
In case of violation of the Fundamental Rights of individuals, the Original jurisdiction of the Supreme Court is applicable.
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.
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-
Two types under which an appeal in a criminal case lies to the Supreme Court are-
The certificate of the High Court is not required in a case:
The differences between the Original jurisdiction and the Appellate jurisdiction are as follows-
Original jurisdiction | Appellate jurisdiction |
---|---|
Original 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. |
The 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.
(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-
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:
(c) The types of cases that come under Original jurisdiction of Supreme Court are as follows:
(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.
The 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?
(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-
(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:
(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.
(a) All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court.
(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.
(c) A Court of Record is a court whose judgements are recorded for evidence and testimony.
Supreme 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.
(a) The Supreme Court is the interpreter of the Constitution and its decision is final.
(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.
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-