NIOS Class 12 Introduction to Law Chapter 23 The Judiciary

NIOS Class 12 Introduction to Law Chapter 23 The Judiciary Solutions English Medium As Per New Syllabus. to each chapter is provided in the list so that you can easily browse throughout different chapters NIOS Class 12 Introduction to Law Chapter 23 The Judiciary Notes and select need one. NIOS Class 12 Introduction to Law Chapter 23 The Judiciary Question Answers Download PDF. NIOS Study Material of Class 12 Introduction to Law Paper Code: 338.

NIOS Class 12 Introduction to Law Chapter 23 The Judiciary

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The Judiciary

Chapter: 23

Module – 6 The Constitution of India – II

INTEXT QUESTIONS 23.1

1. What is the present number of Judges in the Supreme Court, including the Chief Justice of India?

Ans: Thirty-One.

2. How does the President of India appoint the Judges of the Supreme Court, other than the Chief Justice?

Ans: The President of India appoints the judges of the Supreme Court after consultation with such judges of the Supreme Court, he/she may deem necessary. Besides this, the Chief Justice shall always be consulted.

3. How is the Chief Justice of India appointed? Mention the case which was an exception to the accepted convention.

Ans: Chief Justice of India is also appointed by the President. Usually, the senior most judge of the Supreme Court is appointed as Chief Justice of India. The exception to this was the appointment of Justice A. N. Ray superseding his three senior colleagues.

4. Why and when was a bill introduced to set up a National Judicial Commission?

Ans: The Law Minister, Dinesh Goswami of the National Front government introduced a bill to set up a National Judicial Commission in 1990. It was to be constituted to make recommendations for the appointment of judges to the Supreme Court (other than the Chief Justice).

5. What are the grounds on which the Judge of Supreme Court can be removed?

Ans: On the ground of ‘proved misbehavior or incapacity’.

INTEXT QUESTIONS 23.2

1. What does the term ‘legal right’ mean?

Ans: The term legal right means a right recognised by law and being enforced by the State not necessarily in a Court of law.

2. Under which circumstances can the Supreme Court has the power to transfer to itself cases from one or more High Courts?

Ans: The Supreme Court can grant a special leave to appeal only in case where there has been gross miscarriage of justice or where the High Court or Tribunal is found to have been wrong in law.

3. Which Article entitles the Supreme Court to issue ‘Writs’ for the protection of Fundamental Rights?

Ans: Article 32.

4. The Appellate Jurisdiction of Supreme Court extends to which type of cases?

Ans: Civil, Criminal and Constitutional cases.

5. Define a ‘Tribunal’.

Ans: A ‘Tribunal’ is a body of authority although not a Court, having all the attributes of a Court, which has judicial powers to adjudicate on questions of law or fact affecting the rights of citizens in a judicial manner.

INTEXT QUESTIONS 23.3

1. Which Court has the wider powers to issue ‘Writs’ in the context of Fundamental Rights?

Ans: The High Court.

2. Why is Judiciary called the protector of Fundamental Rights?

Ans: Besides ‘Writs’, the judiciary can issue other directions and orders and use other available mechanisms to protect Fundamental Rights.

3. How is the judicial system of India based on the hierarchy of courts?

Ans: We have a chain of courts from the Subordinate Courts to the Supreme Court. The common people first seek justice from the lower courts. In case of complexity, they are free to move to the higher court and so on. This makes the hierarchy of Courts.

INTEXT QUESTIONS 23.4

1. What is the primary aim of Public Interest Litigation?

Ans: The primary aim of ‘PIL’ is to bring justice within the reach of the poor masses and give them access to the courts to obtain legal redress.

2. What does the traditional Anglo-Saxon concept of locus standi mean?

Ans: It means that only the person whose rights were violated could seek for judicial redress.

3. Why is PIL called the sole instrument of social revolution?

Ans: It tends to bring justice within the reach of the poor masses.

• It leads to speedy justice.

• It has changed the plight of thousands of under trials.

• Anybody can seek justice on behalf of those who are illiterate, poor, the downtrodden.

4. Which two drawbacks of judiciary resulted into ‘Judicial Activism’?

Ans: (i) Inefficiency and lukewarm efforts to provide speedy justice.

(ii) Delay in justice due to excessive technicalities.

5. In which case the Court has treated a letter as a writ petition?

Ans: It was accepted in ‘Bandhua Mukti Morcha vs Union of India’ case related to misery, suffering and helplessness of bonded labour in Haryana.

INTEXT QUESTIONS 23.5

1. How does the President of India appoint the Judges of the High Courts?

Ans: The High Court judges are appointed by the President after consulting the Chief Justice of India, Chief Justice of the State High Court and Governor of the State concerned.

2. Mention any two functions of the High Court.

Ans: (i) The High Court issues ‘Writs’ or orders for the protection of Fundamental Rights.

(ii) It hears/entertains appeals for the cases decided in subordinate courts.

3. Why is judiciary called the pillar of democracy?

Ans: It is the pillar of democracy because:

(i) It stands firm to deliver justice.

(ii) It gives the correct interpretation to Constitutional matters.

(iii) It ensures public interest and promotes Welfare State.

TERMINAL EXERCISES

1. Describe the composition of the Supreme Court with reference to the appointment of the Judges?

Ans: The Supreme Court of India is the highest judicial authority in the country, and it enjoys a wide range of jurisdiction. Its original jurisdiction allows it to hear disputes directly between the Government of India and one or more States, or between two or more States, especially when such disputes involve legal or constitutional rights. As the highest court of appeal, the Supreme Court also has appellate jurisdiction over civil, criminal and constitutional cases decided by the High Courts. In addition, the Court has advisory jurisdiction, under which the President of India may seek its advice on important questions of law or matters of public significance. The Supreme Court is also the guardian of the Fundamental Rights of the citizens and, under Article 32, it can issue writs to protect these rights. Apart from these, it functions as a Court of Record, meaning its decisions act as precedents and it can punish for contempt of court. It also has the power to grant Special Leave to Appeal against the decisions of any court or tribunal in India. Through these jurisdictions, the Supreme Court ensures justice, maintains constitutional order, and safeguards the rights of the people.

2. What are the grounds for the removal of the Judges of the Supreme Court?  Explain the procedure of removal.

Ans: (A) Grounds for Removal:

(i) Proved Misbehaviour – Any conduct of a judge that violates judicial ethics or dignity.

(ii) Incapacity – When a judge becomes unable to perform duties due to physical or mental inability.

(B) Procedure for Removal:

(i) A removal motion is introduced in either House of Parliament (Lok Sabha or Rajya Sabha).

(ii) The motion must be signed by the required number of Members of Parliament.

(iii) After admission, a three-member inquiry committee is formed to investigate the charges.

(iv) If the committee finds the judge guilty, the motion is taken up for discussion in Parliament.

(v) Both Houses must pass the motion by a special majority:

• Majority of the total membership, and.
• Two-thirds of the members present and voting.

(vi) The approved motion is sent to the President of India.

(vii) The President then issues an order to remove the judge from office.

3. Explain the Jurisdiction of the Supreme Court of India.

The Supreme Court of India is the highest judicial authority, and it enjoys a wide jurisdiction. Its original jurisdiction allows it to hear disputes directly between the Central Government and one or more States, or between two or more States. As the apex court, it also has appellate jurisdiction, under which it hears appeals in civil, criminal, and constitutional cases from the High Courts. The Supreme Court also exercises advisory jurisdiction, where the President of India may seek its opinion on important questions of law or matters of public significance. Besides these, the Court can issue writs under Article 32 for the protection of Fundamental Rights and acts as a Court of Record, whose decisions serve as precedents. It can also grant Special Leave to Appeal in cases where substantial justice is involved. Through these jurisdictions, the Supreme Court ensures justice, preserves the Constitution, and protects the rights of the people.

4. What is meant by ‘Judicial Activism’ and how does it help in the redressed of injustice?

Judicial Activism refers to the proactive role played by the judiciary in protecting the rights of citizens and ensuring justice when other branches of government fail to do so. Instead of waiting for cases to come in the traditional way, the courts take an active approach in interpreting laws broadly and stepping in on issues affecting public welfare. Judicial activism helps in the redressal of injustice by allowing the courts to question government actions, strike down unfair laws, and protect the Fundamental Rights of vulnerable groups. It empowers the judiciary to act against corruption, environmental damage, human rights violations, and misuse of power. Through judicial activism, the courts ensure that justice is delivered even when administrative or legislative bodies fail to act.

5. State with an example the role of PIL in the protection of rights of the people.

Ans: A Public Interest Litigation (PIL) is a legal action filed in court for the protection of public interest, especially for those who cannot approach the court themselves. PILs help safeguard the rights of people by allowing any individual or group to fight against injustice, corruption, environmental destruction, or violation of fundamental rights. For example, the Ganga Pollution Case, filed by environmentalist M.C. Mehta, led the Supreme Court to order the closure of polluting industries along the river, thereby protecting the right to clean water and a healthy environment. Through such cases, PIL has become a powerful tool to ensure justice for the poor, the marginalized, and the voiceless.

6. Explain the powers and functions of the High Court.

Ans: The High Court is the highest judicial authority at the state level and performs several important powers and functions. 

These include:

(i) Protection of Fundamental Rights: The High Court has the power to issue Writs—Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto—for the protection and enforcement of Fundamental Rights.

(ii) Appellate Jurisdiction: It hears appeals against the decisions of subordinate courts in civil and criminal matters. It may confirm, modify, or cancel those judgments.

(iii) Original Jurisdiction: In certain matters such as disputes related to fundamental rights, election petitions, and cases involving revenue or admiralty, the High Court can directly hear the case without it going to any lower court.

(iv) Supervisory Jurisdiction: The High Court exercises control over all subordinate courts within its territorial limits. It can issue directions, orders, or guidelines to ensure proper administration of justice.

(v) Administrative Functions: It supervises the appointment, transfer, promotion, and service conditions of judges and staff of subordinate courts.

(vi) Court of Record: The High Court is a Court of Record, meaning its judgments and orders are preserved for future reference and cannot be questioned for their validity.