Social Science 2 Marks Each

• (1) The restriction on practising law by Judges after retirement is one of the means of protecting the independence of judiciary.
• (2) If this restriction is not imposed the retired judges will appear as lawyers in the courts over which they presided before retirement The seating judges were colleagues or juniors of the . retired Judge. They will be unduly influenced by the presence of the retired Judge. They will not be able to perform their duties ‘without fear or favour in order to prevent this unethical situation the Judges of the Supreme Court cannot practice law in any court in India after their retirement.

The Supreme Court is also called the Court of Records.
It keeps records of all its decisions, proceedings and interpretation of the Supreme Court as the record in the Supreme Court.
These records are extremely important for future reference. When such a record is presented in any case, it cannot be challenged.
Any individual or court who does not respect such records and disapproves them, can be punished.

The functioning of the Judiciary is a boon in case of negligence by the Legislature and the Executive because sometimes, the legislature and the judiciary act in irresponsible manner.
Under such circumstances, an independent, firm, impartial and fearless judiciary ensure that the Legislature or the Executive do not violate any of the Constitutional limitations is a boon.

• (1) The Judicial process in India is time-consuming and expensive. The poor used to feel the pinch of the dictum that Justice delayed is justice denied
• (2) Lok Adalats were established to provide speedy and inexpensive justice to the poor and the weaker sections of the society.
• (3) The procedure of the Lok Adalats is informal Judges presiding over these courts negotiate settlements and arrive at compromise which is satisfactory to both the parties. Therefore, Lok Adalats have become a centre of attraction for the common people.

• (1) By exercising its power of judicial review the Supreme Court declares such laws, constitutional amendments, executive action and judicial decisions unconstitutional which are not in conformity with the constitution.
• (2) The citizens have been given the Right to Constitutional Remedies, whereby they can approach the Supreme Court for the protection of their rights. The Supreme Court issues writs to protect the Fundamental Rights of the citizens. in this. way, the Supreme Court is the protector and guardian of the Constitution and the Fundamental Rights of the citizens.

• (1) Subordinate courts are those courts which are below the High Court and function under its supervision and control.
• (2) Subordinate courts are classified as the Civil courts and the Criminal courts. These courts . function at the district and the taluka level.
• (3) The District Sessions Court and Magistrates’ Courts Class I and II handle the criminal cases; whereas the District Court and Civil Judges’ Courts Class I and II look into civil matters.
• (4) Magistrate’s Courts and Civil Judge's Courts are also working at the Taluka level.
• (5) Besides these, there are revenue courts, fast track courts, administrative tribunals, labour courts, family courts and small cause courts.

A person to be appointed as a Judge of the High Court should have the following qualifications:

1. He should be a citizen of India with less than 62 years of age.
2. He should have served for a minimum period of 10 years in any of the judicial post in any of the lower court of the Indian states.
3. He should have worked as a High Court advocate for at least 10 years.
4. He should be a distinguished jurist, constitutional expert of famous lawmaker as per the opinion of the President.

In case a Sessions Court has issued any judgment to punish the accused for more than 4 years, the petitioner can challenge the judgment in the High Court.

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

• (1) The Union Parliament has point to impeach any Judge of the Supreme Court or High Court.
• (2) The reasons to launch the impeachment process are: Violation of the Constitution, improper behavior such as corruption and physical mental incapacity.
• (3) The proceedings can be launched in any house where the charges are framed with the consent of the majority of total membership of the house and two-thirds of the members present and voting.
• (4) The other house conducts inquiry into the charges levelled. The Judge has the right to defend in person or through his representative.
• (5) After the conduct of inquiry, the impeachment motion is put to vote. It needs to be passed by the majority of total membership and two-thirds of the members present and voting.
• (6) On receiving the impeachment motion passed by Parliament, the President dismisses the Judge.

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.

• The Constitution of India lays down the following qualifications eligibility conditions for the persons to be appointed as a Judge of the Supreme Court.
• (1) The person should be a citizen of India.
• (2)Served for a minimum period of five years as a Judge on High Court. OR is a practising advocate in the High Court for a period of not less than ten years. OR is an eminent Jurist in the opinion of the President of India.

Appellate jurisdiction:
The power of the Supreme Court to hear a matter in which a decision is already been passed by a lower court, but an appeal has been made to the Supreme Court to rule-out or revise the decision is called the appellate jurisdiction of the Supreme Court.
Under this a person can approach the Supreme Court against the judgement or writ given by the High Court.

Tenure of the Supreme Court Judge:
Generally, the Judge of the Supreme Court can work upto 65 years of age.
However, his retirement age can be extended by the Parliament.
After competition of their tenure these judges cannot practice in any courts. However, they can provide their services in committees appointed to investigate special cases.
If a judge wishes to resign from his post, he can submit a written resignation to the President.
If a judge is found guilty, incapable and inefficient or involved in some misconduct, he can be removed from his post through a procedure called impeachment.

• (1) The judicial officials of the Sub- ordinate Courts are appointed by the Governor of the State in consultation with the High Court The eligibility conditions are as follows (i) Must be a citizen of India. (ii)Is holding a judicial office under the Union State Government (iii) is a practising advocate for a period of ten years.
• (2) In some States like Maharashtra, the State Public Service Commission conducts competitive - examination for recruitment to the State Judicial Service.

• The ‘other powers’ of the Supreme Court are
• (1) The Supreme Court can review its earlier decisions and overview these decisions in the changed context.
• (2) The Chief Justice of India has administrative powers over the establishment and staff of the Supreme Court.
• (3) The Supreme Court can launch proceedings of the contempt of court.
• (4) It admits and decides on the Pub Interest Litigation’ on its own.

• The Supreme Court admits appeal in the criminal matters wherein
• (1) The High Court has given the death sentence to the accused.
• (2) The High Court has overruled the decision of the District Sessions Court.
• (3) The High Court certifies that the case involves interpretation of a substantial point of law by the Supreme Court.
• (4) The Supreme Court can transfer any criminal case from any High Court for trial.

• (1) The Supreme Court is the highestjudicial authority in India. There is no court above the Supreme Court
• (2) it is also the final court of appeal and its decisions have finality.
• (3) its interpretation cannot be challenged either by legislature or the executive.
• (4) The word ‘supreme’ means ultimate unchallenged power in this way, the Supreme Courtm is supreme.

• (1) The Supreme Court is the apex court and the highest judicial authority in India.
• (2) It is the final court of appeal and its decisions have finality.
• (3) The judgements of the Supreme Court are recorded and binding on all courts in India.
• (4) Neglect of the judgements of the Supreme Court is seriously viewed as the contempt of the court and attracts severe punishment Thus the judgements of the Supreme Court cannot be challenged in any court in India.

• (1) The judgements delivered by the Supreme Court are recorded.
• (2) These judgements are binding on all courts and citizens.
• (3) The recorded judgements of the Supreme Court become ‘case law a document which can be cited in any court in India.
• (4) Disregard to the decisions judgementsis regarded as the contempt of court which is punishable according to law. In this way the Supreme Court is a court of record.Please note that the High Courts too are courts of record in their respective states.

• At times legislature enacts ant people laws and neglect the public welfare.
• Similarly the inaction and corruption on the part of the administrative machinery means negligent behaviour.
• Public Interest Litigation (PIL) is the instrument of judicial activism. Judiciary forces them to rectify faulty laws and take action against irresponsible officials. Thereby it serves the interests of the common people and gives them justice.
• in this way, judicial activism is a boon in case of negligence by the legislature and the executive.

• (1) An independent judiciary means justice without fear or favour.
• (2) There is equality before law and equal protection of law to all citizens. This objective can be realised only when there is no interference of either the legislature or the executive in the functioning of judiciary.
• (3) Democracy and the Fundamental Rights of the citizens can be protected by an independent Judiciary.
• (4) The supremacy of the Constitution can be upheld by an independent judiciary. Therefore, provisions are made to ensure independence of judiciary.

• (1) In the federal states like the USA there are two hierarchies of courts - Federal and State working side by side. (2) Although India has adopted federal system, there are no two judicial hierarchies.
• (3) The pyramidical structure of the Indian Judiciary has the Supreme Court as the apex court, the High Court at the intermediate level and below these are subordinate courts at the district and the taluka level.
• (4) Appeals against the decisions of the District Courts can be filed in the High Court and appeals against the decisions of the High Court are admitted and decided by the Supreme Court. Therefore, we say that India has a single integrated judiciary.

• The following qualifications eligibility conditions have been prescribed by the constitution for a person to be appointed as a Judge of High Court.
• (1)The person must be a citizen of india.
• (2) Must have held a judicial position in a subordinate court for a period of not less than ten years. OR is a practising advocate in any High Court for not less than ten years. OR is an eminent jurist in the opinion of the President of India.