1. Define Judiciary.

The Judiciary refers to a system of courts that aims to protect the rights of citizens, settle disputes, and uphold the Constitution.

2. Why do we need an independent Judiciary?

In society, disputes are bound to arise between individuals, groups, and the government.

Such disputes must be settled by an independent body that functions according to the rule of law.

3. Explain the "Rule of Law."

The principle of the Rule of Law means that:

All individuals—rich or poor, powerful or weak—are subject to the same law.

It ensures protection of law and guarantees justice.

4. Why is the Judiciary important?

The principal role of the judiciary is to:

1. Protect the Rule of Law and ensure supremacy of the law.

2. Safeguard individual rights.
3. Settle disputes in accordance with the law.
4. Ensure that democracy does not give way to dictatorship.

5. What does "Independence of Judiciary" mean?

1. The Executive and Legislature must not interfere with the Judiciary’s functions.
2. Other government organs should not influence judicial decisions.
3. Judges must be free to perform their duties without fear or favor.

6. Does the independence of the Judiciary mean arbitrariness or absence of accountability? Explain.

No, judicial independence does not mean arbitrariness. The Judiciary is accountable to:

1. The Constitution
2. Democratic traditions
3. The people of the country

7. How has the Constitution ensured the independence of the Judiciary?

The Indian Constitution ensures judicial independence through:

1. Appointment Process – The Legislature is not involved in the appointment of judges.

2. Qualifications – A judge must be an experienced lawyer or well-versed in law.
3. Political Neutrality – Political opinions should not influence judicial appointments.
4. Tenure Security –
o Judges have a fixed tenure until retirement.
o The difficult removal process ensures security in office.
5. Financial Independence –
o The Judiciary is not financially dependent on the Executive or Legislature.
o Judges' salaries and allowances are not subject to legislative approval.

8. What is Writ Jurisdiction?

1. If a person's Fundamental Rights are violated, they can approach the Supreme Court for a remedy.
2. The High Courts can also issue writs, but the affected person can choose to approach either the High Court or Supreme Court.
3. Through writs, the court can direct the Executive to act or refrain from acting in a certain way.
9. What is Appellate Jurisdiction?

1. The Supreme Court is the highest appellate court.

2. A person can appeal to the Supreme Court against a High Court decision.
3. The High Court must certify that the case involves:
o Serious constitutional or legal interpretation issues.
4. In death penalty cases, appeals can be made to the High Court or Supreme Court.
5. The Supreme Court can overturn lower court rulings and reinterpret legal provisions.

10. What is Advisory Jurisdiction?

1. The Supreme Court can provide advice on matters of public importance or constitutional interpretation when referred by the
President of India.
2. However, the Supreme Court is not bound to give advice, and the President is not bound to accept it.

11. What is the utility of the Advisory Powers of the Supreme Court?

1. The government can seek legal opinions before taking action, preventing unnecessary litigation.
2. The government can modify its policies or legislation based on Supreme Court advice.

12. How can Judges of the High Court and Supreme Court be removed from office?

1. Judges can be removed only on proven misbehavior or incapacity.

2. A motion with charges against the judge must be approved by a special majority (two-thirds of members present and voting)
in both Houses of Parliament.
3. This difficult procedure ensures security of tenure and prevents misuse of power.
4. It maintains balance of power and judicial independence.

13. Describe the structure of the Judiciary in India.

1. India has a single, integrated judicial system, unlike some federal countries that have separate state courts.
2. The judicial structure is pyramidal:
o Supreme Court at the top.
o High Courts below it.
o District and Subordinate Courts at the lowest level.
3. Lower courts function under the direct supervision of higher courts.
4. Supreme Court decisions are binding on all other courts in India.

14. Describe the Original Jurisdiction of the Supreme Court of India.

1. Original Jurisdiction means cases that can be directly filed in the Supreme Court without first going through lower courts.
2. As per Article 131, the Supreme Court has exclusive jurisdiction over disputes:
o Between the Union and one or more States.
o Between two or more States.
o Between the Union and State(s) on one side and other States on the other side.
3. The Supreme Court also interprets the powers of the Union and State governments.

15. What is Public Interest Litigation (PIL)? Why is it important?

1. PIL (Public Interest Litigation) allows individuals or organizations to file cases in court on behalf of others if the issue concerns
public interest.
2. In 1979, the Supreme Court set a precedent by hearing a case filed not by the affected person, but by someone else on their
behalf.
3. The Supreme Court also took up cases about prisoners' rights, expanding the scope of PILs.
4. PILs address issues like human rights violations, environmental concerns, and corruption.

16. Describe the Jurisdiction of the Supreme Court.

1. Original Jurisdiction – Settles disputes:

o Between the Union and States.
o Among States.
 2. Appellate Jurisdiction – Hears appeals from lower courts in:
o Civil cases.
o Criminal cases.
o Constitutional matters.
3. Advisory Jurisdiction – Advises the President on legal and constitutional matters.
4. Writ Jurisdiction – Issues writs like:
o Habeas Corpus
o Mandamus
o Prohibition
o Certiorari
o Quo Warranto
These writs protect Fundamental Rights.
5. Special Powers – Grants special leave to appeal against any court judgment in India.

17. What do you understand by Contempt of Court?

1. Parliament cannot criticize judges, except during removal proceedings.

2. This ensures that the Judiciary can function independently, without fear of external pressure.

18. Describe the Appointment Process for the Chief Justice of India (CJI).

1. The senior-most Supreme Court judge is appointed as the Chief Justice of India (CJI).
2. Other Supreme Court and High Court judges are appointed by the President after consulting the CJI.
3. The Collegium System was introduced, where:
o The CJI consults the four senior-most Supreme Court judges to recommend appointments.
o This ensures judicial independence in appointments.

1. What is Judicial Review?

Judicial Review refers to the power of the judiciary to examine the constitutionality of laws passed by the legislature and actions taken by
the executive. If any law or action is found to violate the Constitution, the Supreme Court or High Courts have the authority to strike it
down.

2. Why is Judicial Review important?

Judicial Review ensures:

1. Supremacy of the Constitution – Prevents the government from making unconstitutional laws.
2. Protection of Fundamental Rights – Courts can strike down laws that violate citizens’ rights.
3. Balance of Power – Keeps the legislature and executive in check.