Balbharti Maharashtra State Board Class 11 Political Science Important Questions Chapter 6 Role of the Judiciary Important Questions and Answers.
Maharashtra State Board 11th Political Science Important Questions Chapter 6 Role of the Judiciary
1A. Choose the correct alternative and complete the following statements.
Question 1.
In India, the ___________ court is at the apex of the judicial system. (Supreme, High, District, Cooperative)
Answer:
Supreme
Question 2.
___________ jurisdiction of the supreme court is also it’s exclusive jurisdiction. (Original, Appellate, Advisory, Writ)
Answer:
Original
Question 3.
___________ refers to a writ whereby, the court can ask if the holder of any public office, is holding the post lawfully. (Habeas Corpus, Mandamus. Prohibition, Quo Warranto)
Answer:
Quo Warranto
1B. Identify the incorrect pair in every set, correct it and rewrite.
Question 1.
(a) Kesavananda Bharati Case – Basic Structure of Constitution
(b) Marbury vs Madison Case – France
(c) Certiorari – Writ
Answer:
(b) Marbury vs Madison Case – USA
1C. State the appropriate concept for the given statement.
Question 1.
Authority of the court to adjudicate only in the specified areas.
Answer:
Jurisdiction
Question 2.
Taking of decisions about disputes by the judiciary.
Answer:
Adjudication
Question 3.
Special kinds of orders are issued by the judiciary for the protection of fundamental rights.
Answer:
Writs
Question 4.
Order by the court to any government authority to perform its function.
Answer:
Mandamus
Question 5.
Power of the court to declare a law as unconstitutional and hence as invalid.
Answer:
Judicial Review
1D. Answer in one sentence only.
Question 1.
What is the primary function of the judiciary?
Answer:
The primary function of the judiciary is adjudication i.e., giving decisions about cases according to the law.
Question 2.
On what grounds can a judge of the US Federal Court be impeached?
Answer:
On grounds of violation of constitutional provisions or exceeding the powers assigned to the judiciary, a judge of the US Federal Court be impeached.
Question 3.
What is the territorial jurisdiction of the High Court?
Answer:
The territorial jurisdiction of the High Court is all subordinate courts and quasi-judicial bodies within the State’s territory.
Question 4.
What is the Supreme Court Collegium composed of?
Answer:
The Supreme Court Collegium is composed of the Chief Justice of India and four senior-most judges of the Supreme Court.
Question 5.
Who appoints the judges of the Supreme Court?
Answer:
The President appoints the judges of the Supreme Court.
Question 6.
Name 2 tribunals in Maharashtra.
Answer:
The Maharashtra Administrative Tribunal and the Maharashtra Revenue Tribunal.
Question 7.
What does the jurisdiction of the court refer to?
Answer:
Each court can adjudicate or hear cases pertaining only to a specified range of areas which is known as the jurisdiction of that court.
Question 8.
Who can hear cases disputes regarding the election of the President and Vice President of India?
Answer:
Supreme Court can hear cases disputes regarding the election of the President and Vice President of India.
Question 9.
What is the Supreme Court ruling about ‘Right to Life’.
Answer:
Supreme Court has ruled that the ‘Right to Life’ guaranteed by the Constitution does not merely mean the right to exist but also the right to live in a pollution-free environment.
Question 10.
What are ‘writs’?
Answer:
The Constitution empowers the Supreme Court and the High Courts to issue writs or special kinds of orders for the protection of the fundamental rights as well as the legal rights of individuals.
1E. Complete the following sentences by using appropriate reason.
Question 1.
It is necessary to ensure that the judiciary is independent because
(a) it can adjudicate in a free, impartial manner.
(b) the judges will not become corrupt.
(c) the judges will not be liable for impeachment.
Answer:
(a) it can adjudicate in a free, impartial manner.
Question 2.
The High Court has Appellate Jurisdiction because
(a) it is the exclusive jurisdiction of the High Court.
(b) it can hear appeals regarding decisions of the District Courts.
(c) it is at the apex of the country’s judicial system.
Answer:
(b) it can hear appeals regarding decisions of the District Courts.
Question 3.
The higher judiciary is called ‘protector of fundamental rights because
(a) they can make laws to protect these rights.
(b) they have the power of Judicial Review.
(c) they can issue writs for protection of these rights.
Answer:
(c) they can issue writs for protection of these rights.
Question 4.
The original jurisdiction of the Supreme court is also it’s “exclusive” jurisdiction because
(a) only the Supreme Court can deal with certain cases.
(b) only the Supreme Court can issue writs.
(c) only the Supreme Court can hear appeals in cases of the lower courts.
Answer:
(a) only the Supreme Court can deal with certain cases.
1F. Find the odd word in the given set.
Question 1.
Supreme Court, High Court, District Court, National Green Tribunal.
Answer:
National Green Tribunal (it is Quasi-Judicial)
Question 2.
Mandamus, Impeachment, Certiorari, Prohibition.
Answer:
Impeachment (It is not a writ)
2A. State whether the following statements are true or false with reasons.
Question 1.
It is essential to maintain the independence of the judiciary.
Answer:
This statement is True.
- Independence of Judiciary means independence in the administration of Justice.
- Judges must be able to perform their functions impartially without fear or favour and pressure from the executive, legislature, or any other group.
Question 2.
Judges are given attractive salaries and facilities.
Answer:
This statement is True.
- This will ensure that competent candidates are recruited to the post of judges.
- It will also ensure that the judges do not indulge in corrupt practices. Thus, the independence of the judiciary will be maintained.
Question 3.
Judges of the Supreme Court in India can be easily impeached.
Answer:
This statement is False.
- Judges of the Supreme Court in India can be removed on grounds of misbehavior or incapacity.
- However, the procedure of impeachment is long and complicated. This ensures the independence of the judiciary in India.
Question 4.
The Supreme Court is the Apex Court.
Answer:
This statement is True.
- India has a single, integrated judiciary with the Supreme Court as the apex court. There is a single hierarchy of courts i.e., Supreme Court, High Courts, and Subordinate Courts.
- All courts and tribunals in the country are under the control and supervision of the Supreme Court.
Question 5.
The government’s role in the appointment of judges of the supreme court and the high court has been minimized.
Answer:
This statement is True.
- The Constitution lays down the procedure for the appointment of the judges of the Supreme Court and the High Courts. They are formally appointed by the President.
- There is a Collegium comprising of the Chief Justice of India and four senior-most judges who recommend names of Judges to the President.
Question 6.
Tribunals are known as “quasi-judicial bodies”.
Answer:
This statement is True.
- In addition to the courts, there are tribunals established by both the Central Government as well as the State Governments to deal with disputes of a specialized nature e.g., the Armed Forces Tribunal, the Income Tax Tribunal, Maharashtra Administrative Tribunal, etc.
- The functioning of these tribunals is governed by separate laws. Hence, they are called quasi-federal.
2B. Complete the concept maps.
Question 1.
Answer:
3. Explain the co-relation between the following.
Question 1.
Supreme Court and High Court.
Answer:
India has a single integrated judicial system, with the Supreme Court at the apex and followed by the High Courts in the States. The Supreme Court controls all courts and tribunals in the territory of India. The High Court controls and supervises the functioning of the subordinate courts e.g., District Courts, in its territorial jurisdiction. The High Courts have Appellate jurisdiction, regarding decisions of the lower courts while Supreme Court can hear appeals in civil, criminal, and constitutional cases against decisions of the High Courts.
Supreme Court has original Jurisdiction such as in disputes about the election of the President or Vice¬President which are it’s exclusive jurisdiction. Both, Supreme Court and High Court have Writ Jurisdiction i.e., they can issue directives or writs such as Habeas Corpus in case of violation of a person’s fundamental rights. In case of appointment of judges of High Courts, the President also consults the Chief Justice of the Supreme Court.
4. Answer the following questions.
Question 1.
Explain the jurisdiction of tribunals in India.
Answer:
In addition to the courts, there are tribunals established by both the Central Government as well as the State Governments to deal with disputes of a specialized nature e.g., the Armed Forces Tribunal, the Income Tax Appellate Tribunal, and the National Green Tribunal.
The examples of the tribunals established by the State Government in Maharashtra are the Maharashtra Administrative Tribunal and the Maharashtra Revenue Tribunal. These bodies are known as quasi-judicial bodies, and their functioning is governed by separate laws. They consist of retired judges, as well as individuals who are experts in the fields which fall within the jurisdiction of the relevant tribunal. For instance, the Armed Forces Tribunal also has retired officers from the armed forces as expert members. All the tribunals in India, like all the courts, are ultimately subordinate to the Supreme Court of India.
Question 2.
What is the original jurisdiction of the Supreme Court?
Answer:
Cases regarding certain matters can be heard for the first time only in certain courts. These matters constitute the Original Jurisdiction of that court. For instance, the Supreme Court of India has Original Jurisdiction in any case between two State Governments, and between the Government of India and any State Government, as well as any disputes about the election of the President and the Vice-President of India. Only the Supreme Court of India in the country can hear the above-mentioned cases. Thus, here its Original Jurisdiction of the Supreme Court is also its Exclusive Jurisdiction.
Question 3.
Explain the writs under Article 32.
Answer:
A writ is a directive issued by the Supreme court or High courts.
Writs under the Constitution of India under Article 32.
- Habeas Corpus – A court can order any officer of the Government or any private person to produce before itself any individuals to examine whether they have been legally detained or not.
- Mandamus – A court can order any officer or any department of the Government to perform its duties.
- Prohibition – A court can order a court lower than itself in the judicial structure not to hear a particular case on the grounds that the case does not fall within the jurisdiction of the latter.
- Quo Warranto – The court can ask whether the holder of any public office or post is holding it in accordance with the law or not.
- Certiorari – A higher court can order a court lower than itself in the judicial structure to send all the relevant documents pertaining to a case to itself.
Question 4.
State some important cases under Public Interest Litigation in India.
Answer:
Public Interest Litigation (PIL) is litigation that can be filed in any court of law by any person for the protection of ‘public interest’. It has achieved importance in the Indian legal system and is a landmark of judicial activism. It developed through the decisions of Justice V.R. Krishna Iyer, Justice C. J. Chandrachud, and Justice P. N. Bhagawati. Some significant cases include
- Katara (human rights activist) vs Union of India case that changed the way that public authorities handled medico-legal cases such as in case of road accidents.
- Vishaka’s judgment provided guidelines with regard to women’s rights and especially sexual harassment (prevention of and dealing with cases of sexual harassment). This judgment came after the Bhanwari Devi rape case and subsequent PIL filed by Naina Kapur, a lawyer.
- H. Khatoon vs State of Bihar (1979) – This case drew the attention of the court to the pathetic condition of undertrials in Bihar. This tried to ensure speedy trials.
- Mehta vs Union of India (1988) with regard to pollution of the Ganga basin covering 8 States in India.
Question 5.
Write about the Kesavananda Bharati Case (1973).
Answer:
The validity of the Constitution (24th Amendment) Act 1971 was challenged in the case of Kesavananda Bharati vs. the State of Kerala (also known as the Fundamental Rights Case). This Amendment gave the power to the Parliament to amend the fundamental rights of the citizens. The Supreme Court had to decide whether Parliament had the power to abrogate the basic elements and fundamental provisions of the Constitution of India. The Supreme Court held that the Constitution (24th Amendment) Act 1971 is valid and that Parliament has the power to amend all the provisions of the Constitution, including fundamental rights, but could not amend the basic structure of the Constitution.
5. Answer the following in detail with reference to the given points.
Question 1.
Explain the jurisdiction of the Supreme Court.
- Original Jurisdiction
- Appellate Jurisdiction
- Writ Jurisdiction
- Advisory Jurisdiction
- Judicial Review
Answer:
The Supreme court is at the apex of the Indian judicial system.
1. Original Jurisdiction: The Supreme Court has original jurisdiction to the exclusion of any other court in any dispute:
- between the Government of India and one or more States or
- between the Government of India and any State(s) on one side and any other State(s) on the other side.
- between two or more States. Disputes regarding the election of the President and Vice President are the exclusive jurisdiction of the court.
2. Appellate Jurisdiction: The Supreme Court is the highest court of appeal in the territory of India. Appellate jurisdiction can be considered as follows:
- Appeals in Constitutional cases: This means that an appeal shall lie to the Supreme Court from any decree or judgment of a High Court if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
- Appeals in Civil cases: an appeal against any judgment or decree of a High Court in a civil case may be filed in the Supreme Court, provided the High Court certifies that the case involves a substantial question of interpretation of the law.
- Appeals in Criminal cases: against High Court order if the High Court has:
- on appeal reversed an order of acquittal of an accused and sentenced him to death,
- withdrawn for trial before itself a case from a Subordinate Court and in such a trial convicted the accused and sentenced him to death or
- if the High Court certifies that the case is a fit one for an appeal to the Supreme Court.
3. Writ Jurisdiction:
Under Article 32, the Supreme Court has original jurisdiction to entertain a writ petition from a party that complains of the violation of a fundamental right. However, this is not exclusive as the party may also approach the High Court in this case.
The Supreme Court protects the Fundamental Rights of the citizens through various types of writs, like
- Habeas Corpus
- Mandamus
- Prohibition
- Quo Warranto
- Certiorari.
(a) Habeas Corpus (to have the body): It is a direction of the Court to the detaining authority to produce the detained person before the court for enquiring into the grounds of detention.
(b) Mandamus (we order): This is in the nature of command of a Court (Supreme or High Court) to a person or body to perform some public legal duty which he has refused to perform.
(c) Prohibition: This writ is issued to special tribunals, commissions, and magistrates who are vested with judicial powers, prohibiting them from exceeding their jurisdiction.
(d) Quo Warranto (by what authority?): This writ is issued against a person who claims or usurps a public office to inquire by what authority he has done so.
(e) Certiorari: This writ is issued to a lower court directing it to transfer the records and case for trial to a higher court to prevent an abuse/usurpation of jurisdiction.
4. Advisory Jurisdiction:
The President has the right to seek the legal advice of the Supreme Court on any matter of public importance which involves a question of law or any dispute arising out of any treaty or agreement executed before the commencement of the Constitution. The Supreme Court is bound to give its opinion on any matter referred to it by the President. However, the opinion of the Court is not binding on the President.
5. Judicial Review:
Judicial Review consists of the competence of the Supreme Court and High Courts to pronounce a law passed by the Parliament or State Legislature or any executive action as ultra vires to the Constitution (i.e., unconstitutional) and hence null and void if in the opinion of the court the law of action is contrary to the provisions or spirit of the Constitution.
