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1.

Lok Adalat have become a centre of attraction.

Answer»

1. Lok Adalat or People’s Court is India’s innovative contribution to the world for resolving cases quickly.

2. It is an effective way to provide speedy and economical justice to the poor, weak and exploited section of the society.

3. Lok Adalats hear a variety of cases related to accidents and their compensation, divorce, alimony, general debts, personal complaints, police complaints, etc.

4. Lok adalats consist of advocates, social workers, educationists, reputed citizens, businessmen, police officers, insurance officers, judges and judicial officers.

5. Here cases are settled amicably such that both the parties are satisfied. Lok Adalats save time and money.

6. Moreover, all the judgments of the Lok Adalats are backed by the law.

7. Owing to innumerable advantages of the Lok Adalats they have become a centre of attraction.

2.

The Judges of the Supreme Court cannot practice law in any of the courts after retirement.

Answer»

1. The judges of the Supreme Court cannot practice law in any court after retirement because by restricting the judges of Supreme Court from practicing law after they retire the government aims at protecting the independence of the Judiciary.

2. If such restriction is not imposed then after retirement the judges may appear as lawyers for the cases which were under them when they were judge.

3. The new judge on the chair may be old colleagues or juniors of these retired judge. Due to this the seating judges may favour the retired judge due to their influence other reasons.

4. As a result, the seating judge may become bias towards the case.

5. Hence, the judges of the Supreme court are not allowed to practice law in any of the courts after their retirement.

3.

Write a short note on the Civil and Criminal Court.

Answer»

District Court:

A District Court is broadly divided into
(A) Civil Court and
(B) Criminal Court.

(A) Civil Court:

  1. A judge who handles the civil cases is called as the District Judge.
  2. Judgements of the lower courts can be challenged in the District Court.
  3. The District Court hears all the civil cases involving matters of rupee one lakh or more either by the government or against the government.
  4. The judge of the District Court hears all the cases involving matters of marriage, divorce, alimony, reforms, parental custody.

(B) Criminal (Session) Court:

  1. The District Magistrate presides over the Session Court.
  2. The Session Courts includes court of Civil Judge – Class I and II.
  3. Mamlatdar and Executive Magistrate Court are also a part of District Court.
  4. These courts have the power to imprison a person for 3 to 10 years and fine a penalty up to rupees 5000 or more.
  5. In case of a murder the court can give capital punishment, life time imprisonment and also life sentence.
4.

Give a brief idea of various tribunals that exists in a district.

Answer»

Tribunals:

  1. A district has several tribunals for solving various cases.
  2. For example, there is a tribunal for compensating loss that occurs during road accidents.
  3. Also, there is a tribunal for recovering debts.
  4. For protecting consumer rights, there is a tribunal called ‘Consumer’s Rights Protection Forum’.
  5. For protection the service and other rights of the teachers and professors, there is a tribunal called ‘Gujarat Educational Organisation Service Tribunal’.
  6. These tribunals function like a court. They help the petitioners to recover their losses and receive compensation.
5.

Name the various subordinate courts.

Answer»

1. The courts that are in the lowest level of the pyramidal structure of the Indian Judiciary are called subordinate courts.

2. These courts include District Courts, Taluka Courts, Fast Track Court, POTA Courts, Tribunals and certain special courts.

3. Each state is divided into an administrative unit known as ‘District’.

4. Each district consists of Civil Court, Criminal Court and Revenue Court.

6.

Give a brief idea of several small courts that run in a district.

Answer»

1. A district consists of several courts. A few of them are discussed below.

2. A district has ‘Small Cause Court’ and ‘Family Court’.

3. There is also a Revenue Court for hearing cases related to land and revenue and Labour Court for hearing labour disputes.

4. Moreover, each district has a ‘Fast Track Court’ whose objective is to run the case fast and solve it as soon as possible. For hearing the cases of POTA i.e., Prevention of Terrorism Act, there are POTA Courts in Gujarat.

5. All these courts have gathered attention by decentralising their administration and function independently, firmly and lawfully.

6. Simultaneously people have become aware of all these types of courts and are taking their benefits to solve their cases.

7.

Judiciary is the foundation of democracy.

Answer»

1. India is a democratic country and its people are considered sovereign. This means that in a democratic country its ‘people’ are above all and they should be given social, political and economic equality when they seek justice.

2. The Constitution of India is designed to protect the fundamental rights of the people.

3. Keeping this objective in mind, the Indian Constitution has kept judiciary independent, firm and fearless from the other two organs namely, the legislative and the executive,

4. With such massive power in its hand, the judiciary can take action and punish anyone who offends the legal system of the countiy and tries to snatch away democratic rights.

5. Thus, Indian judiciary in true sense respects the democracy and works as the foundation of democracy.

8.

Describe the importance (independence and limitation) of judiciary.

Answer»

Importance of judiciary

(A) Independence of the judiciary:

  1. A neutral and impartial judiciary protects and preserves the rights of its citizens.
  2. Judiciary helps to solve difference arising between centre and the state or between one state and the other.
  3. It does an important task of interpreting constitutional the provision given in law. By doing this, the judiciary observes that the Constitution remains supreme at the given point of time.
  4. An independent, firm, impartial and fearless judiciary is extremely important to observe that the legislature or the executive do not violate the Constitution.
  5. The Constitution observes that the judicial process is conducted without any mistake or delay and that the citizens get quick, cheap and equal justice.

(B) Limitation of judiciary:

  1. Although the judiciary remains active and impartial in presence of afert legislature and executive, at times this may not be the case.
  2. Sometimes due to inactiveness in the administration and religence by the executive andthe legislature, the judiciary may not be able to remain fearless, independent and impartial.
9.

Who appoint the judges of the Supreme Court?A. Prime MinisterB. PresidentC. Vice PresidentD. Law Minister

Answer»

B. President

10.

The Supreme Court is considered as a Court of Records.

Answer»

1. The Supreme Court is also called the Court of Records.

2. It keeps records of all its decisions, proceedings and interpretation of the Supreme Court as the record in the Supreme Court.

3. These records are extremely important for future reference. When such a record is presented in any case, it cannot be challenged.

4. Any individual or court who does not respect such records and disapproves them, can be punished.

11.

State the powers under the original jurisdiction of the Supreme Court.

Answer»

Original jurisdiction:

The power held by the Supreme Court to hear a matter brought to it directly without proceedings in any other lower court is called the original jurisdiction of the Supreme Court.
Under this, 

the Supreme Court has the following authority:

  1. To hear cases between the Government of India and one or more states.
  2. To hear and resolve differences of opinions, fights or conflicts between the Government of India and one or more states on the other sides and one or more other states.
  3. To hear and provide judgment regarding disputes between different states.
  4. To hear cases related to the Central Government and the matters related to the Constitution.
  5. The Supreme Court also has the power to protect and preserve the fundamentals rights of the citizens of India.
  6. It is also empowered to issue writs (orders) like Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-warranto.
12.

Describe matters that are out of the jurisdiction of the Supreme Court.

Answer»

Matters related to distribution of river water between state-state, states-state or states-states do not come under the original jurisdiction of the Supreme Court.

13.

Write a short note on the jurisdiction of the High Court.

Answer»

The jurisdiction of the High Court can be divided into three parts.

  They are:

1. Original jurisdiction:

  1. The High Court has the power to issue directions, orders or writs related to Habeas Corpus to any person, authority and any government in case of violation of the fundamental rights of citizens.
  2. The High Court has the authority to provide judgement in the cases related to companies, marriage, divorce and alimony.
  3. It can also hear cases related to contempt of court, land revenue and its reimbursement, land reforms and remuneration.
  4. Any petition that challenges the judgements of the civil and the criminal cases of lower courts can be made in the High Court.
  5. Any petition challenging the provisions provided in the entrance examination can also be made in the High Court.

2. Appellate jurisdiction:

  1. Under the appellate jurisdiction of the High Court, the Court hears the petition made against the civil and the criminal cases.
  2. A petitioner can challenge the judgement of the lower courts and tribunals in the High Court.
  3. In case the Session Court issues a judgement to punish the accused for more than four years, the petitioner can challenge it in the High Court.
  4. If the Session Court gives a capital punishment to the accused in case of murder. On the other hand the lower court had initially given a lesser punishment for the same case. Then the petitioner can challenge the judgement in the High Court.
  5. The High Court has the power to pass judgements on important questions related to law including interpretation of Constitution.

3. Administrative jurisdiction:

  1. The High Court possesses the authority to supervise the working of all its subordinate courts (including tribunals) present in its state or region.
  2. If the High Court feels that a subordinate court is not working properly on the present then it can take the case in its own hands and conduct the proceeding.
  3. It can decide various types of fees the government need to collect and prepare various schedules.
  4. It can also provide guidance and direction to the subordinate courts for ways and methods of maintaining various records.
  5. The High Court publishes its own judgments and decisions. This helps the subordinate courts as a reference while taking decisions on various cases.
  6. The lawyers use these published judgements and decisions as citation while pleading their cases.
  7. The High Court of Gujarat is located on the Sarkhej-Gandhinagar Highway in Sola area of Ahmedabad.
14.

Appellate jurisdiction of the High Court.

Answer»

1. Under the appellate jurisdiction of the High Court, the Court hears the petition made against the civil and the criminal cases.

2. A petitioner can challenge the judgement of the lower courts and tribunals in the High Court.

3. In case of Session Court has issued any judgement to punish the accused for more than four years the petitioner can challenge the judgement in the High Court.

4. If the Session Court gives a capital punishment to the accused in case of a murder and on the other hand the lower court had initially given a lesser punishment for the same case, then the petitioner can challenge the judgment of the tribunal and can also approach High Court.

5. The High Court has the power to pass judgments on important questions related to law including interpretation of Constitution.

15.

The High Court occupies a key position.

Answer»

1. The High Court occupies a key position because it is the apex court at state level.

2. High Court hold one of the key positions in the continuous hierarchical pyramid of the Indian Judiciary.

3. The Constitution provides one High Court for every state.

4. The subordinate courts such as District Court, Taluka Court, etc. function under supervision of the High Court.

5. Hence, it can be said that the High Court occupies a key position.

16.

In which state is the High Court of Mizoram and Nagaland situated?A. MeghalayaB. ArunachalC. AssamD. Nagaland

Answer»

Correct option is C. Assam

17.

How many years of experience as a lawyer is required to the appointed as  District Judge?A. Three yearsB. Seven yearsC. Ten yearsD. Five years

Answer»

B. Seven years