Judiciary

Q1. What are the different branches of the legal system?
Or
Mention the branches of the legal system.

Ans. The legal system in India is divided into two branches: Criminal Law and Civil Law.

Q2. What do you understand by law?

Ans. Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.

Q3. What does judiciary mean?

Ans. The judiciary is the branch of authority in a country which is concerned with law and the legal system.

Q4. What is the appellate system?
Or
Write two sentences of what you understand about the appellate system.

Ans. This means that a person can appeal to a higher court if they believe that the judgment passed by the lower court is not just.

Q5. How is the work of the judiciary categorized?

Ans. The work that the judiciary does can be divided into the following:

                         i.        Dispute Resolution

                        ii.        Judicial Review

                       iii.        Upholding the Law and Enforcing Fundamental Rights

Q6. In what ways is the Supreme Court, the guardian of Fundamental Rights?

Ans. Supreme Court acts as a guardian of fundamental rights as it ensures that people are able to practice their rights in the required manner. Every citizen of India can approach the Supreme Court or the High Court if they believe that their Fundamental Rights have been violated.

Q7. How can we say that Indian Judiciary is independent?

Ans. Indian judiciary is considered an independent institution because:

                        i.        The other branches of government – the legislature and the executive – cannot interfere in the work of the judiciary.

                       ii.        The courts are not under the government and do not act on their behalf.

Q8. India has an integrated judicial system. Explain

Ans. In India, we have an integrated judicial system, meaning that the decisions made by higher courts are binding on the lower courts. Another way to understand this integration is through the appellate system that exists in India. This means that a person can appeal to a higher court if they believe that the judgment passed by the lower court is not just.

Q9. In the following illustration, fill in each tier with the judgments given by the various courts in the Sudha Goel case. Check your responses with others in class.

Ans. Lower Court (Trial Court): Laxman, his mother Shakuntala and his brother-in-law Subhash Chandra were sentenced to death

High Court: Laxman, Shakuntala and Subhash Chandra were acquitted.

Supreme Court: Laxman, Shakuntala were given life imprisonment while Subhash Chandra was acquitted for lack of sufficient evidence.

Q10. What is Public Interest Litigation in India?
Or
What is PIL? State the objectives of introducing PIL.

Ans. The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice. It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated. The legal process was greatly simplified and even a letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL.

Q11. List two reasons why you believe an independent judiciary is essential to democracy.
Or
What is the need of an independent judiciary in a democracy?
Or
You read that one of the main functions of the judiciary is ‘upholding the law and Enforcing Fundamental Rights’. Why do you think an independent judiciary is necessary to carry out this important function?

Ans. Independent judiciary is essential to democracy because

                         i.        It allows the courts to work independently, without being under the influence of the rich and powerful people or other branches of the state like – the legislature and the executive.

                        ii.        The court can play a crucial role in protecting the Fundamental Rights of the  citizens as well as enforce the rule of law.

Q12. Write a brief note on the independence of the judiciary.

Ans. One aspect of this independence is the ‘separation of powers’. This means here is that other branches of government – the legislature and the executive – cannot interfere in the work of the judiciary. The courts are not under the government and do not act on their behalf. All judges in the High Court as well as the Supreme Court are appointed with very little interference from these other branches of government. Once appointed to this office, it is also very difficult to remove a judge.