I. Answer the following questions in one sentence each:
1. What is the key feature of the constitution?
Ans: The key feature of the constitution is the separation of powers.
2. How can the judiciary work be divided?
Ans: The judiciary work can be divided as follows:
i) Dispute resolution
ii) Judicial Review .
3. What would force a judge to make all judgments’ in favor of politician?
Ans: The control that the politician would hold over the judge would not allow the judge to take decision. This lack of independence would force the judge to make all judgment in favor of the politician.
4. What the powers availed by judiciary?
Ans:
i) It is the independence of the judiciary that allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive.
ii) It also plays a crucial role in protecting the fundamental rights to citizens because anyone can approach the courts if they believe that their rights have been violated.
5. Which is the apex court in India?
Ans: The Supreme Court is the apex court in India.
6. Who presides over the Supreme Court?
Ans: The chief Justice of India presides over the Supreme Court.
7. What do you mean by appeal?
Ans: Appeal means that a person can appeal to a higher court if he believes that the judgment passed by the lower court is not just.
8. What do you mean by integrated judicial system?
Ans: Integrated judicial system means that the decisions made by higher courts are binding on the lower courts.
9. What is the full form of ‘PIL’?
Ans: The full form of PIL is ‘Public Interest Litigation’.
10. When did the Supreme Court devise the mechanism of Public Interest Litigation?
Ans: In the early 1980’s the Supreme Court devised the mechanism of Public Interest Litigation.
II. Answer the following questions in four sentences each:
1. How can the work of judiciary be divided. Explain in detail?
Ans: The work of the judiciary can be divided into the following:
i) Dispute Resolution:
The judicial system provides a mechanism for resolving disputes between citizens, between citizens and government, between two state governments and between the centre and state government.
ii) Judicial review:
As the final interpreter of the constitution, the judiciary also has the power to strike down particular laws passed by the parliament if it believes that these are a violation of the basic structure of the constitution.
2. What decision did the supreme court give in the case of Hakin Sheikh, an agricultural labourer ?
Ans:
i) Hakin Sheikh, an agricultural labourer who fell from the running train and injured himself and whose condition got worse because several hospitals refused to admit him.
ii) On hearing his case, the Supreme Court ruled that Article 21 which provides every citizen the fundamental right to life also includes the right to health.
iii) It therefore directed the West Bengal government to pay him compensation for the loss suffered as well as to come up with a blueprint for primary health care with particular reference to treatment of patients.
3. The independence of the judiciary is very important. Explain?
Ans:
i) The independence of the judiciary allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive.
ii) It also plays a crucial role in protecting the fundamental rights of the citizens. If their rights are violated they can approach the courts.
4. The legislature and the executive cannot interfere in the work of the judiciary. Explain?
Ans: The legislature and the executive cannot interfere in the work of the judiciary because the courts are not under the power of the government. They do not act on their behalf.
5. It is difficult to remove the judges of the High Courts and the Supreme Court. Explain?
Ans: Judges in the high courts or the Supreme Court are appointed with little interference from the executive and legislature. So once appointed to the office, it is difficult to remove them.
6. What is the structure of court in India?
Ans:
i) There are 3 different levels of courts in our country. There are several courts at the lower level while there is only one at the apex level. The courts that most people interact with are what are called subordinate or district courts. These are usually at the district level or Tehsil level.
ii) Each state is divided into districts that are presided over by a district judge. Each state has a high court of that state.
iii) At top is the Supreme Court that is located in New Delhi and is presided over by the Chief Justice of India. The decisions made by the Supreme Court are binding on all other courts in India.
7. Are these different levels of court connected to each other?
Ans:
i) Yes, they are. In India, we have an integrated judicial system meaning that the decisions made by higher courts are binding on the lower courts.
ii) Another way to understand this integration is through the appellate system that exists in India. This means that a person can appeal to a higher court if they believe that judgment passed by the lower court is not just.
8. What was the Laxman Kumar versus Sudha Goel case of February 1980?
Ans: Laxman Kumar and Sudha Goel got married and lived in a flat in Delhi with his brothers and their families. On February 2, Sudha died in the hospital due to burns. The case was heard in the trial court. Four neighbours were called in as witness. They stated that they heard Sudha’s screams on the night of February 1st. They saw Sudha standing with her sari in flames. They rushed forward to extinguish the fire. Sudha had been tortured by her in –laws to fulfill their demands.
9. The women filed an appeal in the Supreme Court in the Laxman Kumar versus Sudha Goel case. Explain.
Ans: In the 1980’s, women’s group across the country spoke out against ‘dowry deaths’. They protested against the failure of courts to bring these cases to justice. The High court judgment deeply troubled women. They held demonstrations and filed a separate appeal against the high court decision in the Supreme Court through the Indian Federation of Women lawyers.
10. What was the result of the appeal against the verdict of the Trial court in the High court against Laxman Kumar and his family?
Ans:
i) In 1983, the three accused went to the High court to appeal against the verdict of the trial court.
ii) The high court after hearing the argument of all the lawyers, decided that Sudha had died due to an accidental fire caused by a kerosene stove.
iii) Laxman, Shakuntala and Subash Chandra were acquitted.
11. What decision did the Supreme Court give in the case of Laxman Kumar versus Sudha Goel in 1985?
Ans:
i) In 1985, the supreme court heard the appeal against the acquittal of Laxman and two members of his family.
ii) Supreme Court found Laxman and his mother guilty but acquitted the brother -in-law.
iii) The Supreme Court decided to send the accused to prison for life.
12. Distinguish between Criminal law and Civil Law .
Ans:
| Criminal Law | Civil Law |
| 1. Deals with conduct or acts that the law defines as offences. For example, theft, harassing a woman to bring more dowry, murder. | 1. Deals with any harm or injury to rights of individuals. For example, disputes relating to sale of land, purchase of goods, rent matters, divorce cases. |
| 2. It usually begins with the lodging of a First Information Report (FIR) with the police who investigate the crime after which a case is filed in the court. | 2. A petition has to be filed before the relevant court by the affected party only. In a rent matter, either the land lord or tenant can file a case. |
13. Why does the idea of going to court seem remote in India?
Ans:
i) In India courts are available to all. In reality access to courts has always been difficult for a vast majority of poor in India.
ii) Legal procedures involve a lot of money and paper work as well as take up a lot of time.
iii) For the poor who cannot read and write, whose family depends on a daily wage, the idea of going to get justice often seems remote.
14. How was the “Public Interest Litigation” beneficial for the poor?
Ans:
i) In the early 1980’s the Supreme court devised a mechanism of Public Interest Litigation to increase access to justice. It allowed only individual or organization to file a ‘PIL’ in the High court or the Supreme Court on behalf of those whose rights were being violated.
ii) Even a letter or telegram addressed to the Supreme Court or the High court is today treated as a PIL.
15. Why do the people believe that court judgments are against the best interests of the common people?
Ans:
i) The recent judgments tend to view the slum dweller as an encroacher in the city; the earlier judgments had tried to protect the livelihood of slum dwellers.
ii) The inordinately long number of years that courts takes to hear a case. Hence the phrase” Justice delayed is Justice denied” is often used to characterize this extended time period that courts take.