Chapter 6: Judiciary
- What is the judiciary?
The judiciary is the branch of government that interprets laws, delivers justice, and protects the Constitution and citizens’ rights. - What is the role of the judiciary in a democracy?
It upholds the rule of law, ensures justice, protects Fundamental Rights, and checks the powers of the legislature and executive. - What is the structure of the Indian judiciary?
India has a unified and integrated judiciary with three levels: Supreme Court, High Courts, and Subordinate Courts. - What is the Supreme Court of India?
It is the highest judicial authority and the guardian of the Constitution, located in New Delhi. - Who is the head of the Supreme Court?
The Chief Justice of India (CJI) heads the Supreme Court. - What is the composition of the Supreme Court?
It consists of the Chief Justice and up to 33 other judges (as per the 2023 sanctioned strength). - What are the qualifications to be a Supreme Court judge?
Must be an Indian citizen, a judge of a High Court for 5 years, or an advocate for 10 years, or an eminent jurist. - What is the tenure of a Supreme Court judge?
They hold office until the age of 65 years. - Who appoints Supreme Court judges?
Appointed by the President of India, in consultation with the Chief Justice and senior judges (collegium system). - What is the collegium system?
A system where senior judges recommend appointments and transfers in the higher judiciary, especially in the Supreme Court and High Courts. - What is judicial review?
It is the power of courts to examine laws and executive actions to ensure they are constitutional. - What is the power of judicial review used for?
To protect citizens’ rights and prevent any law or action that violates the Constitution. - What is judicial activism?
It refers to the proactive role played by the judiciary in protecting public interest through broad interpretation of the Constitution and laws. - What is PIL (Public Interest Litigation)?
PIL allows anyone to approach the court for a public cause, even if they are not directly affected by the issue. - Who can file a PIL?
Any individual or NGO can file a PIL in the Supreme Court or High Courts for matters of public interest. - What is the High Court?
It is the highest court in a state. Each state has one or shares with another state. - Who appoints High Court judges?
Appointed by the President in consultation with the Chief Justice of India and the Governor of the state. - What is the tenure of High Court judges?
They serve until the age of 62 years. - What are subordinate courts?
These include District and Session Courts under the High Courts. They handle civil and criminal cases at the district level. - What are civil and criminal cases?
Civil cases involve disputes over property, contracts, etc.
Criminal cases involve offenses like theft, murder, or fraud, punishable by law. - What is the appellate jurisdiction of the Supreme Court?
It hears appeals against judgments from High Courts in civil, criminal, or constitutional matters. - What is original jurisdiction?
The authority to hear cases that start directly in a court. The Supreme Court has original jurisdiction in disputes between states or with the center. - What is advisory jurisdiction?
Under Article 143, the President can seek the Supreme Court’s advice on constitutional or legal matters. - What is the independence of the judiciary?
The judiciary functions free from executive or legislative control, ensuring fair and impartial justice. - What ensures judicial independence?
Security of tenure, fixed salaries, no interference in decisions, and separate administration. - What is contempt of court?
Disrespecting or disobeying court orders is contempt, which can lead to fines or imprisonment. - Why is the judiciary called the guardian of the Constitution?
Because it protects the Constitution from violation and ensures all laws and actions follow constitutional principles. - What is the significance of the judiciary in federalism?
It resolves disputes between states and the center, ensuring smooth functioning of the federal structure. - What is judicial delay?
The slow pace of delivering justice due to case backlog, lack of judges, or resources. - What reforms are suggested for judicial efficiency?
Filling vacancies, digitizing records, increasing court infrastructure, and promoting alternate dispute resolution systems.