THE JUDICIARY— THE SUPREME COURT ir D Although India is a federation with two sets of government, yet it has a single system of justice. The apex is the Supreme Court of India. It is located at New Delhi. The Supreme Court is a totally indepedent body delivering justice to all persons, without distinction of race, colour, creed, caste, sex, wealth, etc. It solves disputes between Union Government and State Governments, between State Governments themselves. It protects the fundamental rights of the people. It gives a new meaning to the Constitution to suit the changing society. At present, there is a Chief Justice and not more than 30 other judges. The present Chief Justice is Shri Altamas Kabir. All judges are appointed by the President but with the advice of seniormost judges of the Supreme Court and the High Court. Like MPs, they also must have certain qualifications, The Supreme Court has two kinds of Jurisdiction— Original when it hears and decides cases filed directly in that Court. The other is Appellate— When it hears appeals from High Court judged caess. The Supreme Court cannot hear appeals relating to Armed Forces’ court. The Supreme Court also has the power to advise the President if he so desires. The Supreme Court can also hear cases concerning the general public moved by organisations or individuals. Such cases are called Public Interest Litigation (PIL). Supreme Court has the power of judicial review to check laws passed by the legislature or orders issued by the Ministers. If the Court finds such a law or order goes against the Constitution, then it cancels that law or order. IMPORTANT QUESTION: Ql. Which is the highest judicial organ in India? Ans. The Supreme Court. Q2. Why must we have a Supreme Court in a federation? Ans. To interpret the Constitution. To protect fundamental rights of the people and To adapt the Constitution to new situations. Q3. Who can increase the number of judges? Ans. Parliament by a law. Q4. Who issues appointment letters to the Chief Justice and other judges of the Supreme Court? Ans. The President. Q5. State how a judge must be qualified. Ans. (9a citizen of India and (i) must be a High Court judge for 5 years, or (ii an advocate of a High Court for at least 10 years, or (iv) be a famous jurist. Q6. Who delivers the Oath of Office to Supreme Court judges? ‘Ans. The President of India, Q7. How long can a judge remain in office? Ans. Normally, till the age of 65 years. May resign by writing to the President. May be removed by resolution of Parliament for violating theConstitution, which is sent to the President, Q8. Briefly write the process of removal of a judge. Ans. Both Houses of Parliament have to prove the Judge guilty of misbehaviour or incapacity by a majority of 2/3 MPs, present and voting. Then the resolution is sent to the President who then removes the judge. Q9. On what grounds can a judge be removed? Ans. On ground of proven misbehaviour or incapacity. Q10. When can the salaries and allowances of the judges be reduced? ‘Ans. Only when there is a Financial Emergency imposed in the country, Q11.Give two instances of independence and impartiality of judges. Ans. Security of job till the age of 65 years, Can be removed by the President only on grounds of proved misbehaviour or incapacity and found guilty by 2/3 MPs of both Houses of Parliament. Salaries, allowances, ete.; paid from the Consolidated Fund of India which is not a part of the Budget. Their pay can be reduced only during Financial Emergency. Q12. Define Jurisdiction. Ans. The power of a Court to interpret laws, solve disputes and pass judgements. Q13. Give two examples of cases under Original Jurisdiction. Ans. Protection of Fundamental Rights Interpretation of the Constitution. Q14. What is ‘Appellate Jurisdiction’? Ans. When the Supreme Court hears those cases whose judgement or order has already been given by a High Court. Q15. Define ‘Special Leave to Appeal’. Ans. Special power to hear appeals in any matter except against an order of a Armed Forces court. (e.g., income tax cases, civil cases, tribunals), Q16. What do you u.derstand by advisory power of the Supreme Court? ‘Ans. When the President wants advice of the Supreme Court on an important issue. The Supreme Court may or may not give adivce. Also it is not compulsory for the President to follow it because it is not a judgement. ™ Q17.How does the Supreme Court protect the .._ Fundamental Rights? ‘Ans, By issuing special orders called writs. The Persons or organisations have to follow the orders of the writs. The writs are Writ of Habeas Corpus, Writ of Mandamus, Writ of Prohibition, Writ of Certiorari and Writ of Quo Warranto. Q18.How does the Supreme Court revise its judgements? Ans. The Supreme Court may review a case and deliver new judgement. This proves human beings can make mistakes. Q19. In what way is the Supreme Court a Court of. Record? Ans. Its judgements are kept for evidence and testimony. They cannot be questioned when brought up in similar cases in other Courts. Q20. What is a ‘Writ? Ans, The special order issued by the Supreme Court which has to be obeyed fully. Q21. What is called a Public Interest Litigation? Ans. When the case concerns the welfare of a large ‘number of people and is filed by a single person or organisation on behalf of people. Why cannot the Supreme Court judges practise as advocates after retirement? So that they do not influence their former colleagues or juniors. State any two administrative powers of the Supreme Court. The Chief Justice appoints all the office staff of the Court. Rules are made for the conduct of advocates and other persons appearing in the Court rooms. Q24. In what sense is the Supreme Court a Guardian of the Constitution? It checks laws passed by the legislature and orders issued by the Ministers. In case the law or the order is against the Constitution, the Supreme Court declares it void or cancelled. Q25. Mention two ways in which the power of judicial review is significant. Ans. We have a written Constitution where some of the words have to be explained properly. Also, a dispute may arise between the Union Government and one or more State Governments or between State Governments themselves, the matter is settled by the Supreme Court. 22. Ans. Q23. Ans. Ans.