NIOS Class 12 Political Science Chapter 12 Supreme Court Of India

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NIOS Class 12 Political Science Chapter 12 Supreme Court Of India

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Supreme Court Of India

Chapter: 12

POLITICAL SCIENCE

TEXT BOOK QUESTIONS AND THEIR ANSWERS

INTEXT QUESTIONS 12.1

Q. Fill in the blanks:

(i) The Judges of the Supreme Court are appointed by the …………. (President / Prime Minster / Law Minister) 

Ans. President.

(ii) The Supreme Court of India consists of the Chief Justice and ………… other judges. (23/25/27)

Ans. 25.

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

Ans. 65.

(iv) A person who is a distinguished ………….. in the opinion of the President may be appointed as a judge of the Supreme Court. (educationist / jurist / politician) 

Ans. Jurist.

INTEXT QUESTIONS 12.2

Q. Fill in the blanks:

(i) The dispute between two or more States is brought before the Supreme Court under its ……….. jurisdiction. (original / appellate advisory)

Ans. Original.

(ii) The Supreme Court is ………… to give advice to the President of India. (bound / not bound) 

Ans. Not bound.

(iii) The ultimate power of interpreting the Constitution of India lies with the ……………. (High Court / Supreme Court / Sessions Courts) 

Ans. Supreme Court.

INTEXT QUESTIONS 12.3

(i) What is judicial review?

Ans. Power of the Supreme Court to determine constitutional validity of a law is called judicial review power of the Supreme Court of India.

(ii) What does PIL mean?

Ans. PIL or Public Interest Litigation is hearing of matters of public interest by the Supreme Court.

(iii) What power of the Supreme Court ensures protection of fundamental rights of people?

Ans. Judicial Review.

TERMINAL EXERCISES

Q. 1. Describe the composition of the Supreme Court.

Ans. The Composition of the Supreme Court: 1. The Salient Features of the Indian Constitution that the distinct feature of our judiciary is that it is a single unified integrated judicial system for the whole country. A single judiciary represents a hierarchy of courts. The Supreme Court stands at the top of this single single integrated judicial system with High Courts at the State level. Below the High Courts, there are several subordinate courts such as the District Courts which deal with civil cases and the Session Courts which decide criminal cases.

INDIAN JUDICIAL SYSTEM

SUPREME COURT OF INDIA

⇓

STATE HIGH COURTS

⇓

SUBORDINATE COURTS OR LOWER COURTS

2. The Supreme Court is the highest judicial authority of India. It consists of the Chief Justice and 25 other judges. The Parliament (may increase the number of judges if it deems necessary. To begin with, besides the Chief Justice, there were only 7 other judges.

3. The Parliament has increased the (number of judges from time to time. As 2005, there are 25 judges besides the Chief Justice who is also called the Chief Justice of India.

4. The Chief Justice and other judges of the Supreme Court are appointed by the President of India. While appointing the Chief Justice, the President is constitutionally required to consult such other judges of the Supreme Court as he deems proper, but outgoing Chief Justice is always consulted.

5. Normally, the senior most judge of the Supreme Court is appointed as the Chief Justice of India, although there is no constitutional requirement to do so. While appointing other judges, the President is bound to consult the Chief Justice and other senior judges, if he deems proper.

6. Whenever there is vacancy or a likely vacancy in the Supreme Court, the Chief Justice and four other senior most judges consider various names and recommend the names of the persons to be appointed as judges of the Supreme Court.

7. The power of selection of judges has passed on to a group of Supreme Court judges, called the collegium of the Court. The President now performs the formality of appointing the nominee of the Supreme Court, after the Law Ministry formally recommends these names to him.

8. A person is qualified for appointment as a judge only he / she is a citizen of India and if he/she fulfils one of the following conditions:

(a) he / she has been for at least five years a Judge of a High Court or two or more than two such courts; or

(b) he / she has been for at least ten years an advocate of a High Court or of two or more than two such courts; or

(c) he / she is, in the opinion of the President, a distinguished jurist.

9. The Chief Justice of India and other judges of the Supreme Court hold office till they attain the age of 65 years. A judge may voluntarily resign before expiry of his term.

10. It is clear that Supreme Court judges enjoy security of tenure, and the executive cannot arbitrarily remove them.

11. No person who has held office of a judge of the Supreme Court is allowed to plead as an advocate in any court or before any authority within the territory of India.

12. The judges of the Supreme Court are paid such salaries as are determined by the Parliament from time to time.

Q. 2. How can a judge of the Supreme Court be removed from office?

Ans. The Removal of a judge of the Supreme Court:

1. In exceptional cases a Supreme Court judge may be removed before the age of retirement, according to the procedure laid down in the Constitution. Thus a judge of the Supreme Court can be removed from office by an order of the President passed after an address by each House of the Parliament supported by a majority of total membership of the House and not less than two-third majority of the members of the House present and voting, passed in the same session, has been presented to the President for such removal on the ground of proved misbehaviour or capacity.

2. So far,proceedings for removal were initiated only in one case against a judge of the Supreme Court. But he could not be removed because the resolution could not be passed by the Parliament.

Q. 3. Explain the original and appellate jurisdictions of the Supreme Court.

Ans. Introduction: The scope of powers of Supreme Court to hear and decide cases is called its jurisdiction. The Supreme Court has three types of jurisdictions namely original, appellate and advisory. Let us now examine the three jurisdictions.

I. Original Jurisdiction: There are certain cases which fall within the exclusive jurisdiction of the Supreme Court. It means that all such cases begin or originate in the Supreme Court, only. It also means that such cases cannot be initiated in any other court. The cases or disputes that come under the original jurisdiction are given below:

(i) (a) Disputes between the Government of India on the one side and one or more States on the other side.

(b) Disputes between the Government of India and one or more States on one side and one or more States on the other side.

(c) Disputes between two or more States.

(ii) The Supreme Court has been invested with special powers in the enforcement of Fundamental Rights. In this connection, it has the power to issue directions or writs (PIL).

(iii) Cases under Public Interests Litigation can also be heard directly. (This is an extra Constitutional practice; there is no mention of P.I.L. in the Constitution).

II. Appellate Jurisdiction: The power of a superior/higher court to hear and decide appeals against the judgment of a lower court is called appellate jurisdiction. The Supreme Court has vast appellate jurisdiction. It hears appeals against the judgment of the High Courts. Thus, it is the highest and the final Court of Appeal. If one of the parties to a dispute is not satisfied with the decision of the High Court, one can go to the Supreme Court and file an appeal. The appeals can be filled in Civil, Criminal and Constitutional cases.

(i) Appeals in Civil Cases: Disputes relating to property, marriage, money, contract and service etc. are called civil cases. If a civil case involves a substantial point of law of public importance needing interpretatation of the Constitution or law, an appeal against the High Court decision can be made to Supreme Court.

(ii) Appeals in Criminal Cases:

(a) An appeal may be brought to the Supreme Court against a High Court decision in a criminal case in a number of situations.

Firstly, if a High Court sets aside an appeal or an order of acquittal passed by a lower court and awards death sentence to the accused, he may bring an appeal to the Supreme Court by right.

(b) Secondly, appeal can also be made to the Supreme Court if the High Court withdraws a case from a lower court to itself, declares the accused guilty and awards death sentence. In this situation also appeals can be made as a matter of right and without certificate from the High Court.

(c) The appeal in cases other than these two categories may also be brought to the Supreme Court provided the High Court grants a certificate that the case is fit for appeal to the Supreme Court.

(iii) Appeals in Constitutional Cases: A constitutional case is neither a civil dispute, nor concerning a crime. It is a case arising out of different interpretations of Constitution, mainly regarding the fundamental rights. In such Constitutional Cases an appeal can be taken to the Supreme Court only if a High Court certifies that the matter in dispute involves a substantial question of law.

Q. 4. ‘Supreme Court is the guardian of Indian Constitution and a protector of Fundamental Rights.’ Explain.

Ans. I. Supreme Court is the guardian of Indian Constitution. If the Centre (or the Parliament) passed any law which is agianst the letter and spirit of the Constitution the Supreme Court can declare the law as unconstitutional.

II. Supreme Court is a protector of Fundamental Rights of the Indian Citizen also. The right to Constitutional Remedies guarantees to every citizen the right to knock the door of the Supreme Court and the High Court for the enforcement of Fundamental Rights. The Supreme Court has been vested with the power to issue orders or writs, e.g., habeas corpus, mandamus, prohibitions, etc. for the enforcement of Fundamental Rights. Any law enacted by the Parliament that violates or takes away the Fundamental Rights can be declared null and void by the Supreme Court.

Q. 5. Explain the importance of PIL in our day-to-day life.

Ans. I. Introduction or Background: Earlier, the judiciary, including Supreme Court, entertained litigation only from those parties that were affected directly or indirectly by it. It heard and decided cases only under its original and appellate jurisdiction. But subsequently, the Court permitted cases on the ground of public interest litigation. It means that even people, who are not directly involved in the case, may bring to the notice of the Court matters of public interest. It is the privilege of the Court to entertain the application for public interest litigation (PIL). The concept of PIL was introduced by Justice P.N. Bhagwati.

II. Importance of PIL: PIL is important because justice is now easily available to the poor and the weaker sections of society. The Supreme Court on the basis of letters received from journalists, lawyers and social workers and even on the basis of newspaper reports has taken up a number of matters of public interest.

Let us take some examples to know how PIL has helped the people to get justice.

(a) Under PIL,the rights of under trials | held under illegal detention have been restored. The Supreme Court ordered the release of many detenues without trial on the ground of their personal liberty, which could not be curbed due to judicial or bureaucratic inefficiency.

(b) The Supreme Court has also taken up steps to free bonded labourers, tribals, slum dwellers, women in rescue homes, children in juvenile homes, child labour etc.

(c) In case of environmental pollution, the Supreme Court has ordered closure of a few factories near Kanpur, Delhi and other places.
III. Conclusion: With more and more decisions coming from the Supreme Court, the scope of PIL has widened. Now a person can approach the Court through a letter and if the Supreme Court believes that the matter is of public interest, it can consider the letter to be a petition and direct the hearing of the matter so that public interest may be protected. The process of PIL has led to increased judicial activism.

OBJECTIVE TYPE QUESTIONS 

Choose the correct answer: 

Q. 1. The Judges of the Supreme Court of India are appointed by the: 

(a) The President of India. 

(b) The Prime Minister of India. 

(c) The Law Minister. 

(d) Bar Council of India. 

Ans. (a) The President of India.

Q. 2. The Supreme Court of India consists of the Chief Justice and ………… other judges.

(a) 27.

(b) 23.

(c) 25.

(d) …….

Ans. (c) 25.

Q. 3. The Judges of Supreme Court of India retire at the age of:

(a) 60 years. 

(b) 62 years.

(c) 65 years. 

(d) till they expire.

Ans. (c) 65 years.  

Q. 4. A person who is a distinguished in the opinion of the President may be appointed as a Judge of the Supreme Court.

(a) educationist. 

(b) jurist.

(c) politician. 

(d) social-worker.

Ans. (b) jurist.