09 September 2021 Static Quiz (Polity)

Ans;- d) All of the above

Explanation;-

• All the statements are correct.

About Indian Judiciary

• The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens.
• The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution.
• For democracy to function effectively, it is imperative to have an impartial and independent judiciary.
• It means that the other branches of the government, namely, the executive and the legislature, does not interfere with the judiciary’s functioning.
• The judiciary’s decision is respected and not interfered with by the other organs.
• It also means that judges can perform their duties without fear or favour.
• Independence of the judiciary also does not mean that the judiciary functions arbitrarily and without any accountability.
• It is accountable to the Constitution of the country.
• India has a single integrated judicial system.
• The judiciary in India has a pyramidal structure with the Supreme Court (SC) at the top.
• High Courts are below the SC, and below them are the district and subordinate courts.
• The lower courts function under the direct superintendence of the higher courts.

Ans;- b) Fundamental and other legal rights

Explanation;-

• Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights. Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court and High Court against the violation of his/her fundamental rights.
• The same article gives the Supreme Court power to issue writs for the enforcement of rights whereas the High Court has the same power under Article 226. 

Ans;- d) All of the above

Explanation;-

• All are correct about Indian Judiciary

• The functions of the judiciary in India are:-
1. Administration of justice: The chief function of the judiciary is to apply the law to specific cases or in settling disputes. When a dispute is brought before the courts it ‘determines the facts’ involved through evidence presented by the contestants. The law then proceeds to decide what law is applicable to the case and applies it. If someone is found guilty of violating the law in the course of the trial, the court will impose a penalty on the guilty person.
2. Creation of judge-case law: In many cases, the judges are not able to, or find it difficult to select the appropriate law for application. In such cases, the judges decide what the appropriate law is on the basis of their wisdom and common sense. In doing so, judges have built up a great body of ‘judge-made law’ or ‘case law.’ As per the doctrine of ‘stare decisis’, the previous decisions of judges are generally regarded as binding on later judges in similar cases.
3. Guardian of the Constitution: The highest court in India, the SC, acts as the guardian of the Constitution. The conflicts of jurisdiction between the central government and the state governments or between the legislature and the executive are decided by the court. Any law or executive order which violates any provision of the constitution is declared unconstitutional or null and void by the judiciary. This is called ‘judicial review.’ Judicial review has the merit of guaranteeing the fundamental rights of individuals and ensuring a balance between the union and the units in a federal state.
4. Protector of Fundamental Rights: The judiciary ensures that people’s rights are not trampled upon by the State or any other agency. The superior courts enforce Fundamental Rights by issuing writs.
5. Supervisory functions: The higher courts also perform the function of supervising the subordinate courts in India.
6. Advisory functions: The SC in India performs an advisory function as well. It can give its advisory opinions on constitutional questions. This is done in the absence of disputes and when the executive so desires.
7. Administrative functions: Some functions of the courts are non-judicial or administrative in nature. The courts may grant certain licenses, administer the estates (property) of deceased persons and appoint receivers. They register marriages, appoint guardians of minor children and lunatics.
8. Special role in a federation: In a federal system like India’s, the judiciary also performs the important task of settling disputes between the centre and states. It also acts as an arbiter of disputes between states.
9. Conducting judicial enquiries: Judges normally are called to head commissions that enquire into cases of errors or omissions on the part of public servants.

Ans;- d) The Government of Inida Act 1935

Explanation;-

• The Constitution of India provides for a single integrated judiciary with the Supreme Court at the apex of judicial system.
• The single system of courts, adopted from the Government of India Act 1935, enforces both central laws as well as state laws. 
• The Constitution of India has established an integrated judicial system with the Supreme Court at the top and the high courts below it.
• The Supreme Court of India is the guardian of Indian Constitution. It was inaugurated on January 28, 1950.
• It succeeded the Federal court of India established under the Government of India Act of 1935. Articles 124 to 147 in Part V of the constitution deal with the organization, independence, jurisdiction, powers and procedures so on of the Supreme Court.

Ans;- d) All of the above

Explanation;-

• All the statements are correct.

• Differences between the High Court and the Supreme Court