Q1. What are the different branches of the legal system?
Mention the branches of the legal system.
The legal system in India is divided into two branches: Criminal Law and Civil
Q2. What do you understand by law?
Law is a system of rules that are created and enforced through social or
governmental institutions to regulate behavior.
Q3. What does judiciary mean?
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?
Write two sentences of what you understand about the appellate
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:
Upholding the Law and Enforcing Fundamental
Q6. In what ways is the Supreme Court, the guardian of Fundamental
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?
Indian judiciary is considered an independent institution because:
The 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.
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
Court: Laxman, Shakuntala and Subhash Chandra were acquitted.
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?
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.
What is the need of an independent judiciary in a democracy?
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
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.
The court can play a crucial role in
protecting the Fundamental Rights of the citizens as well as enforce the rule
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.