A New Combined History & Civics for Class 7 ICSE Solutions Chapter 14

A New Combined History & Civics for Class 7 ICSE Solutions Chapter 14 Judiciary – Our Courts.

A New Combined Text Book of History & Civics for Class 7 ICSE Solutions (D.N Kundra, Goyal Brothers Prakashan)

These Solutions are part of A New Combined History & Civics for Class 7 ICSE Solutions. Here we have given. A New Combined History & Civics for Class 7 ICSE Solutions Chapter 14.

I. Answer the following questions in 30-40 words each :

Question 1.
Explain any two functions of the Supreme Court of India.
Answer:
The Supreme Court of India, being the highest court in the country has to perform many judicial, administrative, advisory and other functions.
The Supreme Court of India has original jurisdiction over certain cases like cases where interpretation of Constitution is required, over disputes between the Center and the State and over disputes between two or more states.  The Supreme Court deals with appeals on a criminal suit where a person is acquitted by the Sessions court but awarded Capital  punishment by the High Court. Thus, under its appellate Jurisdiction the Supreme Court has powers to grant special leave to appeal against judgement delivered by any court in the country.

Question 2.
What types of cases come before the High Courts of India ?
Answer:
Cases relating to the Fundamental Rights, divorce, wills and laws relating to marriage can be brought directly to a High Court. All the decisions made by subordinate courts in all types of civil as well as criminal matters can be brought to the High Courts by an appeal.

Question 3.
What is the part played by the Supreme Court in the federal judiciary of India ?
Answer:
An independent judicial set up is a must for any federation. The Supreme Court ensures the authentic interpretation of the Constitution. It has the power to protect the right to constitutional remedies. Any Indian can move the Supreme Court for the enforcement of Fundamental Rights. As such the Supreme Court plays an important role in the federal judiciary of India.

Question 4.
Why is the Supreme Court called the custodian of the Fundamental Rights ?
Answer:
The Supreme Court is called the custodian of the Fundamental Rights because it protects the Fundamental Rights from being eroded, abridged or infringed upon by any person, group of persons or the State itself. It can issue writs to the offending party or parties. Thus it is the guardian of our Fundamental Rights.

Question 5.
Describe the set-up of courts at the district level.
Answer:
There are three types of courts at the district level and below which are called subordinate courts. They are :

  1. Civil Courts
  2. Criminal Courts
  3. Revenue Courts

The highest Civil Courts in the district is that of the District Judge and the highest Criminal Court in a district is that of the Sessions Judge. The courts of sub-judges, Munsiff courts of small cases and courts of second class and third class magistrates are some of the other courts.

Question 6.
What are Lok Adalats ? How are they useful ?
Answer:
A system of Lok Adalats have been set up to provide quick and affordable justice to the poor and weaker sections of the society. Under this system, a large number of cases are decided on a single day. They have proved useful because besides providing speedy justice they have lightened up the burden of other courts. They speed up the clearance of pending cases and thus, prove to be real ‘peoples’ court.

II. Answer the following questions in 80-100 words each :

Question 1.
How are the judges of the Supreme Court and the High Courts appointed ? What are their
qualifications ?
Answer:
The Chief Justice and other Judges of the Supreme Court are appointed by the President. The Chief Justice of the Supreme Court is appointed by the President after consulting other Judges of Supreme Court and the High Courts. The President consults the Chief Justice of India before appointing a Judge to the Supreme court.
To be a Judge of the Supreme Court following qualifications are necessary :

  1. He must be citizen of India.
  2. He must have been a Judge at High Court for 5 years or he must have served as an advocate in High Court for atleast 10 years as a distinguished jurist.

Question 2.
Explain the main functions and powers of the Supreme Court of India.
Answer:
The Supreme Court, being the highest court of our country, has to perform many judicial, administrative, advisory and other functions.
The Supreme Court has Original Jurisdiction. It covers:

  1. Disputes between Union and a State.
  2. Disputes between States and States.
  3. Cases relating to enforcement of Fundamental Rights guaranteed by the Constitution.

The Supreme Court also has a vast power to hear appeals and this is called the Apellate Jurisdiction of the Supreme Court. It deals with

  1. an appeal against the judgement of the High Court in criminal cases.
  2. When the High Court has sentenced a person to death.
  3. In Civil cases, where a high court itself certifies that a substantial point of law is involved and interpretation of the Constitution is required.

The Supreme Court also has Advisory Jurisdiction and the President can seek the advice of the Supreme Court on any constitutional legal point.

Question 3.
Describe the jurisdiction and powers of the High Court of India. What type of cases come before the High Courts in India ?
Answer:
Like the Supreme Court, the High Court also has three types of jurisdictions

  1. Original Jurisdiction. Appellate Jurisdiction.
  2. Administrative Jurisdiction.

Original Jurisditcion. Under the original jurisdiction the High Court has the powers to

  1. It can issue directions, writs, orders to any person or any government within its jurisdiction against the violation of Fundamental Rights.
  2. Cases relating to divorce, wills and laws relating to marriage can be directly brought to the High Court.

Appellate Jurisdiction. All decisions made by subordinate courts in all types of civil as well as criminal matters can be brought to the High Courts by an appeal.

Administrative Jurisdiction :
Under Administrative Jurisdiction the High Court enjoys the powers to supervise the working of all subordinate courts.
Cases of divorce, wills, laws relating to marriage and other civil matters come before the High Court. Criminal cases like thefts, robberies, murder, assault etc. come to the High Court.

Question 4.
What is the need and importance of Courts or the Judiciary ?
Answer:
An independent judicial set up is a must for any federation. The courts are very necessary for the following reasons :

  1. They check the unbridled powers of legislatures and executives. They have the power to declare certain law’s as unconstitutional.
  2. They are the guardians of the Fundamental Rights of the citizens.
  3. They resolve disputes between Center and State and between two or more States.
  4. They are the custodians of the Constitution because they ensure the authentic interpretation of the Constitution.
  5. They have the power to advise the President or the Governors on matters of law.
    Thus the courts or the judiciary has a significant place in our country.

Pick up the right word/words given in the brackets and complete the statements :

  1. The______ is the highest court of appeal in India.(High Court/Supreme Court)
  2. The Judges of the Supreme Court retire at the age of .(60/62/65)
  3. The High Court is the highest court of justice at______ (district/state/central)
  4. Judges of the______ get a salary of Rs. 30,000 per month. (Supreme Court/High Court/Session Court)
  5. The Chief Justice of High Court is appointed by_____ . (The President/The Governor)

Additional-Questions :

Question 1.
Write a short note on ‘Court of Record’.
Answer:
The Supreme Court and the High Court, both act as a Court of Records. All the decisions and proceedings of the Supreme Court are kept as records for future reference and are quoted as a precedence in courts. The High Court also acts as a Court of Record as it has the power to can punish for its own contempt. It can, like the Supreme Court, punish anyone who does not abide by its decisions.

Question 2.
What are the pays and other allowances of the Judges of the Supreme Court ?
Answer:
The Chief Justice of India gets Rs. 33,000 as pay per month while other judges receive Rs. 30,000 per month. Besides, they get free and furnished houses and a car with a driver to attend to their official duties. They also get special allowances. Their personal safety is the responsibility of the state

Question 3.
Can the Judges of the Supreme Court be removed from their posts ?
Answer:
The Chief Justice and other Judges of the Supreme Court are appointed by the President but their services cannot be terminated by him. But if a judge of the Supreme Court is found guilty of misusing his power or of acting against the provisions of the Constitution, he can be impeached and relieved of his office. The procedure of impeachment of a judge is the same as that of the President.   –

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