Rajasthan Board RBSE Class 12 Political Science Chapter 22 Judiciary-Composition of Supreme Court, Functions and Judicial Review
RBSE Class 12 Political Science Chapter 22 Text book Questions
RBSE Class 12 Political Science Chapter 22 Multiple Choice Questions
Question 1.
Which among the following has been included in the procedure of the appointment of the judges?
(a) President
(b) Legislature
(c) Chief Justice
(d) Lokayukta
Answer:
(a) President
Question 2.
The meaning of the advisory jurisdiction of the Supreme Court is :
(a) To advise the government before framing a new law.
(b) To advise on the legal points of drafts to be presented before the legislature.
(c) Counselling die President of India on any question of the constitution or on the question of public interest, if he seeks the advice.
(d) Counselling on public interest petitions.
Answer:
(c) Counselling die President of India on any question of the constitution or on the question of public interest, if he seeks the advice.
Question 3.
Most powerful means of safeguarding public interest in the present time is :
(a) Public Interest Litigation
(b) Mercy Petition
(c) Revision Petition
(d) Observation Petition
Answer:
(a) Public Interest Litigation
Question 4.
Which statement is not true in regard of the Supreme Court?
(a) The orders of the Supreme Court are binding on all the courts.
(b) It can order any law suit for its judicial review.
(c) It can introduce a new branch of the Supreme Court in any part of the country.
(d) It can transfer the judges of the High Courts.
Answer:
(c) It can introduce a new branch of the Supreme Court in any part of the country.
RBSE Class 12 Political Science Chapter 22 Very Short Answer Type Questions
Question 1.
Who has the right to interpret the theory of power balance among the three organs of the government?
Answer:
“The Judiciary” has the right to interpret the theory of power balance among the three organs of the government.
Question 2.
Where are the cases related to Federal relations heard directly?
Answer:
The Cases related to federal relations are heard directly in the supreme court.
Question 3.
What is the petition representing judicial activism called?
Answer:
The petition representing judicial activism is called ‘Public Interest Litigation (PILs).
Question 4.
What can the court do to maintain the sanctity of the constitution?
Answer:
To maintain the sanctity of the constitution, the court can use two methods :
- The court can issue a ‘Writ’.
- It can declare any law as unconstitutional and void arid can stop from its implementation.
RBSE Class 12 Political Science Chapter 22 Short Answer Type Questions
Question 1.
What do you understand by Judicial Activism?
Answer:
On the basis of Judicial review, the judiciary can declare any law illegal, which violates the constitution. After some time, the judiciaiy realised that it should also get this power that if the executive ignores its duties due to inaction or adopts the tendency of arbitrary conduct, then the judiciary should give it necessary instructions regarding duty or in the event of arbitrary behaviour, stop it from doing so. In this way, judicial review is the means of preventing arbitrary law-building of the legislature. On the other hand, judicial activism is the means of motivation of the executive in the direction of duty or the means of preventing arbitrary conduct. Judicial activism is a step ahead of the Judicial review, it is a step in which inherent mobility in the system, weaknesses and defects of governance and changing circumstances have given birth to it.
Question 2.
What are Appellate powers?
Answer:
Appellate jurisdiction means that the Supreme Court will reconsider the full case and examine its legal issues again. If the court thinks that the law or the constitution has a different meaning from what the lower court has understood, then the Supreme Court can change the decision and can also provide a new interpretation of those provisions. The Supreme Court is the highest court of appeal. Any person can appeal in the Supreme Court against the decision of High Court, but the High Court has to give this certificate that the related case is desirable to appeal in the Supreme Court, i.e., there is a serious matter involved in it, like the interpretation of the constitution or the law. Similarly, the High Courts also have appellate jurisdiction against the judgement of the lower courts.
Question 3.
What subjects are listed in Basic jurisdiction?
Answer:
The Basic Jurisdiction means that the Supreme Court can hear some cases directly. In such cases, trial is not necessary in the lower courts. It is called basic jurisdiction because these matters can be decided only by the Supreme Court. Neither the High courts nor the lower courts can deal with such cases. Using this right, the Supreme Court not only addresses the disputes, but also interprets the powers of the union and state governments as laid down by the constitution.
The Basic Jurisdiction of the Supreme Court gives it a decisive role in all disputes related to Federal matters. In any federal system, the rise of mutual dispute is natural between the union and the states and among various states. The Supreme Court has the responsibility to resolve these disputes.
RBSE Class 12 Political Science Chapter 22 Long Answer Type Questions
Question 1.
Explain the powers and rights of the Supreme Court?
Answer:
The powers and Rights of the Supreme Court: The powers and rights of the Supreme Court are as follows :
i. Basic Jurisdiction :
Basic Jurisdiction means that the trial of some cases can be directly heard by the Supreme Court. In such cases, hearing in the first lower courts is not necessary. The cases related to federal relations go straight to the Supreme Court. The Basic jurisdiction of the Supreme Court gives it a decisive role in all disputes concerning federal matters. In any federal system, the Supreme Court has the responsibility to resolve the mutual legal disputes between the center and the states and among various states. It is called basic jurisdiction, because these matter can be settled by the Supreme Court only. Hearings of such cases cannot be conducted in High Courts or any subordinate courts. Using this right, the Supreme Court resolves not only disputes but also explains the power of union and state governments given in the constitution.
ii. Power Related to Writ Petition :
Any person can move the Supreme Court directly to get justice on infringement of fundamental rights. The Supreme Court can give its special orders in the form of a writ. The High Courts can also issue writs. However the person, whose fundamental rights are violated, has the option of. going to the High Court or the Supreme Court. Through these writs, the court can order the executive to act or not to act in a particular way.
iii. Appellate Powers :
The Supreme Court is the highest court of appeals. Any person can appeal in the Supreme Court against the decision of the High Court. But the High Court has to certify that the case is appropriate to appeal in the Supreme Court, i.e., there is a serious matter involved in it like interpretation of law or constitution. If the lower court gives death penalty for criminal conviction, then an appeal can be made in the Supreme Court or in the High Court.
If the High Court does not permit the appeal against the decision, then the Supreme Court has the right to accept the case for consideration. Appellate jurisdiction means that the Supreme Court will reconsider the entire case and will re-examine its legal aspects. If the court thinks that the law or the constitution has a different meaning from what the lower courts have understood, then the Supreme Court can change its decisions and can also provide a new interpretation of those provisions. The High courts also have the appellate powers over the decision given by the courts below them.
iv. Advisory jurisdiction :
This right means that the Supreme Court has the right to counsel if consultation is asked for. In the jurisdiction of the consultation, the President may seek advice from the Supreme Court on any law related or public importance or that which involves interpretation of constitution. However, the Supreme Court is not bound to give advice on any such subject. On the other hand, if advice or opinion is sent, it is not obligatory for the President to accept it.
Question 2.
Judicial Activism and Public Interest Litigations are correlated to each other. Justify this statement
Answer:
In recent years, the Supreme Court paved a new path for ordinary and exploited citizens by Public Interest Litigations. Under this arrangement, the judge can pass order in matter related to public interest without any judicial fees and prescribed procedure on complaint filed by any person or organization. The approach which the Supreme Court has adopted in these cases filed in the public interest is called Judicial Activism approach. Judicial Activism and Public Interest Litigations are interconnected. It is clear from the following ideas :
i. The Supreme Court has granted public interest related matters. According to this belief, a person can fight a case on behalf of a group or class that has been deprived of legal or constitutional rights. From this point of view , any person can approach judiciary on behalf of poor, disabled, helpless and socially and financially vulnerable people. The court will be able to take action only after giving it in written form without having to worry about all its technical and operational procedures.
ii. Article 21 of the constitution has been interpreted in a new way. According to this, no person other than the established procedure by law will be deprived of his life and personal liberty. This implies that person should not be deprived of his independence unnecessarily. It has also been arranged that the government provides legal assistance to the poor. Being prodigal and delayed proceeding of court, it is not possible for every person to get justice.
Similarly, it has been arranged in criminal cases that unnecessary delays are not judicious. To end this delay, the court may order the state government to set up more courts and appoint more judges. Therefore, the nature of the Supreme Court has become proactive and legalistic from the legal system and Public Interest Litigation and it has started participating in the public suffering and social reforms.
RBSE Class 12 Political Science Chapter 22 Other Important Questions
RBSE Class 12 Political Science Chapter 22 Multiple Choice Questions
Question 1.
Which of the following rights comes in the jurisdiction of the Supreme Court?
(a) Initial Jurisdiction
(b) Appellate Jurisdiction
(c) Consultant Jurisdiction
(d) All of these
Answer:
(d) All of these
Question 2.
What is the age limit for the retirement of the Supreme Court judges?
(a) 55 years
(b) 60 years
(c) 65 years
(d) 68 years
Answer:
(c) 65 years
Question 3.
The tenure of the Supreme Court can be extended :
(a) By the Parliament
(b) By the President
(c) By the Cabinet
(d) By the Prime Minister
Answer:
(a) By the Parliament
Question 4.
The Supreme Court of India is located at:
(a) Chennai
(b) New Delhi
(c) Mumbai
(d) Allahabad
Answer:
(b) New Delhi
Question 5.
Which organ of the government is responsible for the Protection of Rights?
(a) Judiciary
(b) Legislature
(c) Executive
(d) None of these
Answer:
(a) Judiciary
Question 6.
With the advice of how many senior most judges of the court, the Chief Justice of India recommends the individual names to be appointed as judges?
(a) 5
(b) 4
(c) 3
(d) 2
Answer:
(b) 4
Question 7.
‘The principle of Collegium’ is related to :
(a) Prime Minister
(b) Parliament
(c) Supreme Court
(d) President
Answer:
(c) Supreme Court
Question 8.
What is expected to maintain the independent and unbiased judiciary in India?
(a) Security of Post
(b) Limited tenure
(c) Legislative intervention
(d) Election of Judges
Answer:
(a) Security of Post
RBSE Class 12 Political Science Chapter 22 Very Short Answer Type Questions
Question 1.
What is the main role of the judiciary?
Answer:
The main role of the judiciary is to protect the rule of law and ensure the supremacy of law.
Question 2.
What is the need for an independent judiciary in India?
Answer:
In order to protect the constitution, fundamental rights, to ensure the rule of law and to protect the federal system, there is the need for an independent judiciary in India.
Question 3.
Write any two function of the judiciary.
Answer:
The two functions of the judiciary :
- Protects the right of the person.
- Solve disputes in accordance with the law.
Question 4.
Who has not been included in the appointment of judges?
Answer:
The Legislature has not been included in the appointment of judges.
Question 5.
What are the jurisdictions of the Supreme Court?
Answer:
Jurisdiction of the Supreme Court.
- Basic Jurisdiction
- Power related to writ petition
- Appellate Powers
- Advisory Jurisdiction.
Question 6.
Name the process by which the judges of the Supreme Court can be removed?
Answer:
By impeachment process.
Question 7.
What is the main resource of judicial activism in India?
Answer:
The main resource of judicial activism in India is the PIL.
Question 8.
What is the full form of C.B.I.?
Answer:
The full form of C.B.I. is Central Bureau of Investigation.
Question 9.
Parliament is Supreme in what task?
Answer:
Parliament is Supreme in making laws and amending constitution.
Question 10.
What is the basis of Democratic Governance?
Answer:
The basis of democratic governance is that each organ of government respects each other’s powers and jurisdiction.
Question 11.
What can a court do by the medium of ‘writ’?
Answer:
By the writ, the court may order the executive to do or not to do anything.
Question 12.
What does the ‘judicial review’ means?
Answer:
‘Judicial review’ means the power of the judiciary through which it can test the validity and constitutionality of the work done by the legislature and the executive.
RBSE Class 12 Political Science Chapter 22 Short Answer Type Questions
Question 1.
Why independent judiciary was established in India?
Answer:
Establishment of independent judiciary in India :
Independent judiciary has been established in India for the following reasons
- The work of the interpretation of the constitution in India and the interpretation of the laws in accordance with the constitution has been provided to the judiciary.
- To protect the fundamental rights of the citizens and to ensure that the management and executive do not violate the basic rights of citizens, an independent judiciary was required.
- An independent judiciary has also been set up to ensure the rule of law in India.
- An independent judiciary has been set up to make judicial decisions regarding disputes related to the territorial jurisdiction between the union and the states.
Question 2.
How the independence and security to the Judiciary has been provided in the Indian constitution?
Answer:
The following are the key provisions in the Indian constitution provided to the judiciary for its independence and security.
- Appointment of judges is kept away from party politics. Any person specializing in law and practising advocacy can become a judge.
- Judges cannot be easily removed from their posts. Their tenure is fixed. The constitution has made their removal very difficult.
- The functions and rules of judges cannot be criticized individually. If someone does this, then he will be guilty of judicial contempt and the court can punish him.
Question 3.
How is the Supreme Court formed?
Answer:
Formation of the Supreme Court :
Originally, the constitution of India envisaged a Supreme Court with a Chief Justice and seven judges. The number of judges of the Supreme Court, the jurisdiction of the Supreme Court, the salary of the judges and the right to decide the terms of service has been given to the Parliament by the constitution The number of judges of the Supreme Court has been increased by Parliament, amending the law from time to time. It has been determined by law in 1985 that there will be one Chief Justice and 25 other judges in the Supreme Court.
In 2008, the number of judges including the Chief Justice was 31. The President of India nominates the judges of the Supreme Court. In order to appoint the Supreme Court judges the President must consult the Chief justice. Under special circumstances, the Chief Justice of India can obtain the permission of the President of India to appoint ad-hoc judges.
Question 4.
What are the qualifications for the Supreme Court judges?
Answer:
The Supreme Court judges are required to have the following qualifications:
- He must be a citizen of India.
- He has served as a judge for at least 5 years continuously in a High Court or in two or more High Courts.
Or
He has been an advocate in a High Court or other courts for 10 consecutive years
Or
He should be a learned lawmaker in the opinion of the President.
This final provision has been kept virtually to broaden the area of elections. According to this provision, any lecturer or lawmaker who teaches in any university, can be appointed as a judge in the Supreme Court.
Question 5.
How and by whom, the judges of the Supreme Court can be removed?
Answer:
Process of Removal of judges of the Supreme Court : Generally, the judge of the Supreme Court can stay in office till the age of 65. Before this, a judge himself can give resignation. Apart from this, on the basis of proven misconduct or inability, the parliament can remove any judge of the Supreme Court and the High Court from his post by impeachment. Although, it is very difficult to remove the judges of the Supreme Court and High Court from their office. Acceptance of a special majority of parliament on the charge against the judge is necessary. If both the houses of the parliament have ratified separately by two-thirds majority of their total members to disqualify or disproportionate to any of the judges, then the judge will have to withdraw from his post by order of the President of India.
Question 6.
What do your think about the Advisory Jurisdiction of the Supreme Court?
Or
Write about the Advisory Jurisdiction of the Supreme Court
Answer:
Advisory Jurisdiction of the Supreme Court :
The constitution has given the Advisory Jurisdiction to the Supreme Court. According to article 143, the President of India can send any matter related to question of law or facts that is of public importance, then he may seek the advice of the Supreme Court. The acceptance or rejection of the court’s advice depends on the discretion of the President. It has two important aspect
- This gives the government a chance to take legal opinion of the court before taking any action on any important issue. After this, any legal disputes can be avoided.
- Considering the advice of the Supreme Court, the government can make appropriate amendments in its proposed judgement or bill.
Question 7.
How is the Public Interest Litigation (PIL) the most effective means of Judicial Activism.
Answer:
The Public Interest Litigation (PIL) :
When a person or a group files petitions in court and any person or general public files a petition in the court on behalf of the victim and the court listens to it, such petitions are called PILs. Public Interest Litigation involves protecting the rights of the people, improving the lives of the poor, protecting environment and matters related to public interest. The problems related to the general public are kept before the court. A news about long-term prisoners in Bihar was published in some newspapers in 1979. They were still in jail even after they had endured punishment. In this regard a lawyer filed a petition in the Supreme Court. This case was known as Hussianara Khatom Vs. State of Bihar. This led to the launch of PIL in India.
Question 8.
Write a short note on the Judiciary and Parliament
Answer:
Judiciary and Parliament :
Parliament makes laws and amends constitution. At the same time, the executive works to implement them. The judiciary also works to resolve the disputes, ensuring that the laws made are in accordance with the constitution or not. Despite the division of this work, there is a conflict between the Judiciary and the Parliament. There was a controversy over the power of the Parliament to stop the right to property after the constitution was enforced. The Parliament wanted to put some restrictions on the right to own property, to implement land reforms. The Judiciary ruled that Parliament cannot limit fundamental rights. Parliament then attempted to amend the constitution but the court said that the fundamental rights cannot be limited even by the amendment of the constitution.
RBSE Class 12 Political Science Chapter 22 Long Answer Type Questions
Question 1.
Describe the need and importance of the Supreme Court in India in detail.
Answer:
The need and importance of the Supreme Court in India can be clarified by the following points
- Interpretation of the constitution :
The Supreme Court acts as the guardian of the constitution and the official interpreter of the constitution. In the constituent Assembly meeting it was said, “it will be interpreter and protector of the constitution.” The official interpretation of the spirit of the Indian constitution will be done only by the Supreme Court. - Balance cycle of governance :
The role of the Supreme Court is similar to a balance cycle because where parts of the rule can be influenced by the public’s provocative spirit, there the Supreme Court is such an organ of governance, which fairly interprets the actions of the government in accordance with the constitution. - Protector of fundamental rights :
Under Article 32 of the constitution, this court is the custodian of the fundamental rights provided by the constitution. The six fundamental rights of citizens have been determined by our constitution. It is the duty of this court to stop the violation of these rights and to provide treatment on encroachment. - To give specific consultation :
Supreme Court is also consulted by the President on complex legal conflicts. It advises the President on the issues of public importance and the facts about which the President wants to know the views of the court. - Forerunner of Social revolution :
The Supreme Court in India is not only a guardian of democracy but also a forerunner of social and economic change by making progressive interpretation of constitutional and ordinary laws. - Conservator of the constitution :
The Supreme Court can declare any law made by the parliament as invalid, which is against the constitution. Based on this strength, it protects the constitution and supremacy of the constitution.
It is clear from the above description that the role of the Supreme Court is very important. In the absence of the Supreme Court, the federal system cannot run smoothly. The executive and the legislature can also be autocratic. The Supreme Court forces these organs of governance to function within their limits. The Supreme Court has also been an important contributor as the custodian of the fundamental rights of the citizens.
Question 2.
What arrangements have been mentioned in the constitution to keep the judiciary independent?
Answer:
To keep the judiciary independent, the constitution has the following provisions :
- Appointment of Judges :
The right to appoint judges in the Supreme Court and High Courts has been entrusted to the President, who also consults the Chief Justice and other senior most judges for the appointment. - Long working method and safety of working method :
The judges of the Supreme Court in India remain in office till the age of 65. They cannot be dismissed in a simple way. The President can only remove a judge on the basis of proven misconduct of incompetence but the process of removal is very combersome. - Immunity :
The judgements and action of the Supreme Court are beyond criticism. The parliament cannot even discuss the working of those judges who have been doing duty. - Control of staff :
In the absence of the court’s control over the staff, its freedom can get victimised. Therefore, the Supreme Court has full control over its staff. All the officers and employees of the court are appointed by the Chief justice and the other judges. - Ban on Advocacy after retirement :
The constitution prohibits a retired judge to advocate before any officer or in any court in the Indian territory. But it allows his appointment for special type of work, such as special investigation and exploration. - Power to make rules for regulation of functioning :
The Supreme Court has the right to make rules for regulating its functioning but the rules should be made under the law made by the Parliament and approval of the President is necessary. In addition, its judgements or orders are valid to all judges within the Indian territory. - Separation from executive :
Being executive and judicial power in the hands of a single person, it is possible to ignore the principle of justice. The judiciary must be free from the bonds of executive. In the constitution of India, the Directive Principles of State Policy expect that the executive should not interfere in the functioning of the judiciary. The executive and the legislature should not interfere in the working of judges till they work in accordance with the constitution.
Question 3.
Illustrate the importance of judicial review and its significance.
Answer:
Meaning of judicial Review :
This means that the Supreme Court has the provision of protecting the constitution and its supremacy. If the constitution is encroached by the federal state Legislature, laws are created outside certain boundaries or laws are created against fundamental rights, then every law made by the federal parliament can be declared illegal by the Supreme Court. This is called the power of judicial review. Regarding the state,this power can be used by the concerned High Court.
Importance :
- The power that has been partitioned between the federal and the state government by the constitution is protected only on the basis of a judiciary review.
- The task of curbing the power of the government and protecting civil rights and freedoms can also be done on the basis of a judiciary review.
- Judiciary review is a major means of regulating power of governance.
- The system of judicial review serves as the balance-cycle of the constitution.
- On the basis of judicial review, the Supreme Court and High Courts can act as the official interpreters and guardians of the constitution.
- The power of testing the legality of laws is related to judicial review. Article 131 and 132 give the right to the Supreme Court to review the laws created by the federal and state government.
It is evident from the above description that the two powerful figures of judicial review are the federal system and the fundamental rights.
Question 4.
Describe to the structure of the Judiciary.
Answer:
The structure of the Judiciary :
Indian constitution established a single integrated judicial system. The structure of the judiciary in India is like a pyramid. At the top is the Supreme Court then the High Courts followed by District and Subordinate courts respectively. The lower courts function under the direct supervision of the higher courts.
1. Supreme Court of India :
- Its orders/decisions are honoured by all courts of the country.
- It can transfer judges of high courts.
- It can demand any litigation being heard in any court of country.
- It can transfer the case from one High Court to other High Court.
2. High Court:
- They hear appeals against the decisions of the lower courts.
- They can issue writs for restoring the rights.
- They can issue their judgements on the matters within the jurisdiction of the state.
- They supervise and control on subordinate courts.
3. District Courts:
- They hear the case filed in the districts.
- They hear the appeals made on the decisions of the lower courts.
- They give decision on serious criminal offences.
4. Subordinate Courts :
These courts hear the cases of civil and criminal nature.