NIOS Class 12 Introduction to Law Chapter 13 Indian Judicial System

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NIOS Class 12 Introduction to Law Chapter 13 Indian Judicial System

Also, you can read the NIOS book online in these sections Solutions by Expert Teachers as per National Institute of Open Schooling (NIOS) Book guidelines. These solutions are part of NIOS All Subject Solutions. Here we have given NIOS Class 12 Introduction to Law Chapter 13 Indian Judicial System Solutions, NIOS Senior Secondary Course Introduction to Law in Hindi Medium for All Chapter, You can practice these here.

Indian Judicial System

Chapter: 13

Module – 4 Indian Court System and Methods of Resolution Disputes

INTEXT QUESTIONS 13.1

Mark True/False against the following statement:

1. “There was no Judicial System in India as such, prior to 1600 A.D.” (True/false) 

Ans: True.

2. “There existed a well established Judicial System in ‘Dharamsastra’ which contained elaborate laws on different aspects of human conduct.” (True/False)

Ans: True.

INTEXT QUESTION 13.2 

1. “The Regulating Act of 1773 enacted by the British Parliament is considered to be a landmark in the development of Legal Institutions in India.” (True/False)

Ans: True.

INTEXT QUESTIONS 13.3 

1. “Indian Judiciary is a single integrated and unified system of Courts for the Union as well as the States.” (True/False)

 Ans: True.

2. “The Legal System derives is authority from the Constitution”. (True/False)

Ans: True.

INTEXT QUESTIONS 13.4 

1. The Salient feature of Indian Judiciary is that it has a single integrated and unified Judicial System. (True/False) 

Ans: True.

2. Courts in India are like a pyramid. (True/False)

Ans: True.

3. The Jurisdictions of Privy Council over the Indian appeals came to an end with the establishment of Supreme Court of India on January 26, 1950. (True/False) 

Ans: True.

4. The Supreme Court is the Apex Court in India. (True/False)

Ans: True.

INTEXT QUESTIONS 13.5 

Fill in the Blanks: 

1. The Judges of the Supreme Courts are appointed by the __________ (Prime Minister/President/Law Minister). 

Ans: President.

2. The Judges of the Supreme Court retire at the age of _________ (60/62/65). 

Ans: 65.

3. The dispute between two or more States is brought before the Supreme Court under its _________Jurisdiction. (Original/appellate/advisory).

Ans: Original.

4. The ultimate power of interpreting the Constitution of India lies with ______________ (High Courts/Supreme Court/Session Courts).

Ans: Supreme Court.

INTEXT QUESTIONS 13.6 

Fill in the blanks. 

1. The Judges of the High Court are appointed by the ____________ (Governor/President/Prime Minister) 

Ans: President.

2. At present there are _______ High Courts in India. (20, 21, 18) 

Ans: 21.

3. The retirement age of the Judges of a High Court is _______ years. (60, 65, 62)

Ans: 62.

INTEXT QUESTIONS 13.7 

1. Which is the highest Criminal Court in a District? 

Ans: Distt. and Session Judge.

2. Name the highest Civil Court of a District?

Ans: Distt. and Session Judge.

INTEXT QUESTIONS 13.8 

1. Enlist the main defects in the existing Judicial System in India.

Ans: The main defects are:

(i) Inordinant delay in the disposal of cases.

(ii) Corrupt practices at Bar and at the clerical levels in the Lower Courts. 

(iii) The litigation is too costly and is beyond the reach of common man. 

(iv) The existing Laws being old, have become obsolete and outdated. 

(v) The Supreme Courts and High Courts are overburdened with appellate work.

2. State any three defects in the existing Judicial System.

Ans: (i) The litigation is too costly and is beyond the reach of common man. 

(ii) Inordinant delay in the disposal of cases. 

(iii) Corrupt practices at the Bar and at the clerical levels in the lower courts

INTEXT QUESTIONS 13.9 

1. Explain the meaning of PIL. 

Ans: PIL is a powerful arm of the legal aid movement in India. It is very helpful to the people in getting justice promptly. It has also resulted in ‘judicial activism’.

2. Which are the two new Judicial Trends or development in Indian Judicial System?

Ans: (i) Judicial Activism. 

(ii) PIL.

TERMINAL EXERCISES

1. Explain the original and Appellate Jurisdiction of the Supreme Court. 

Ans: Original Jurisdiction and Writ Jurisdiction: Article 131 gives the Supreme Court exclusive and original jurisdiction in a dispute between the Union and a State, or between one State and another, or between a group of States and others. It acts, therefore, as a Federal Court, i.e., the parties to the dispute should be units of the federation (States of India). No other court in India has the power to entertain such disputes.

Appellate Jurisdiction: The Supreme Court is the highest court of appeal in India. Its appellate jurisdiction extends to constitutional, civil, and criminal matters.

(i) Constitutional Cases (Article 132): The Supreme Court can hear appeals from any judgment or order of a High Court if the case involves a substantial question of law regarding the interpretation of the Constitution.

(ii) Civil Cases (Article 133): An appeal lies to the Supreme Court from any civil case if the High Court certifies that the case involves a substantial question of law of general importance that needs to be decided by the Supreme Court.

(iii) Criminal Cases (Article 134):

 Appeals can be made when:

• The High Court has reversed an acquittal and sentenced the accused to death or life imprisonment, or.

• The High Court certifies that the case is fit for appeal to the Supreme Court.

2. “Supreme Court is the guardian of Indian Constitution and a protector of Fundamental Rights” Explain. 

Ans: The Supreme Court of India plays a vital role in upholding the spirit of the Constitution. It is called the guardian of the Constitution because it ensures that the laws and actions of the government follow the principles laid down in the Constitution. It is also known as the protector of Fundamental Rights as it safeguards the basic rights of the people.

(a) Guardian of the Constitution:

(i) The Supreme Court ensures that the Constitution is the supreme law of the land and that every authority in the country acts within its limits.

(ii) It interprets the provisions of the Constitution and settles disputes regarding their meaning and application.

(iii) Through the power of Judicial Review (Article 13), the Court can declare any law or executive action invalid if it violates the Constitution.

(iv) This ensures that the legislative and executive branches do not misuse their powers.

(b) Protector of Fundamental Rights:

(i) Under Article 32, citizens can directly approach the Supreme Court for the enforcement of their Fundamental Rights.

(ii) The Court issues writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to protect citizens from injustice or misuse of power.

(iii) As Dr. B.R. Ambedkar stated, Article 32 is the heart and soul of the Constitution, as it guarantees protection to individuals against any violation of their rights.

3. Discuss briefly the Original and Appellate Jurisdiction of the High Court. 

Ans: Original Jurisdiction:

Original jurisdiction means the authority of the High Court to hear a case for the first time. The High Court exercises original jurisdiction in the following matters:

(i) Writ Jurisdiction (Article 226): The High Court can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto for the enforcement of Fundamental Rights and other legal rights.

(ii) Civil and Criminal Cases: Certain civil and criminal cases of serious nature can be filed directly in the High Court, such as cases involving the State government or high-value property disputes.

(iii) Election Disputes: It has jurisdiction to hear petitions regarding the election of Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs).

Appellate Jurisdiction:

Appellate jurisdiction means the power of the High Court to hear appeals against the judgments of subordinate courts. It covers:

(i) Civil Appeals: Appeals from district and subordinate courts in civil cases involving questions of law or high value.

(ii) Criminal Appeals: Appeals in criminal cases where a person has been sentenced to death, life imprisonment, or imprisonment exceeding seven years.

(iii) Constitutional and Administrative Appeals: The High Court can also review the legality of administrative actions and protect citizens’ legal rights.

4. Explain the importance of PIL in our day to day life.

Ans: Public Interest Litigation (PIL) means a legal action filed in a court of law for the protection of public interest, such as pollution control, road safety, environmental protection, women’s safety, or the rights of disadvantaged people. It allows any citizen or group to approach the court even if they are not personally affected by the issue.

Importance of PIL in Daily Life:

(i) Access to Justice for All: PIL helps poor, illiterate, or socially backward people get justice when they cannot afford to go to court.

(ii) Protection of Fundamental Rights: It ensures that the Fundamental Rights of citizens — especially the right to life, equality, and dignity — are safeguarded.

(iii) Government Accountability: Through PIL, citizens can make the government and public authorities answerable for their actions and failures.

(iv) Social Reforms: Many social issues like child labour, women’s rights, and environmental conservation have been addressed through PILs.

(v) Clean and Safe Environment: Courts have passed several orders to reduce pollution, protect forests, and ensure waste management through PILs.