Union Judiciary Questions and Answers AP Inter 2nd Year Civics Chapter 5

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Reviewing AP Inter 2nd Year Civics Study Material Chapter 5 Union Judiciary Questions and Answers can help students prepare confidently for exams.

AP Inter 2nd Year Civics 5th Lesson Union Judiciary Questions and Answers

Very Short Answer Questions

Question 1.
What are the qualifications required to become a Supreme Court judge?
Answer:
Qualifications required to become a Supreme Court judge (Article 124(3)):
Supreme Court Judge

  1. must be a citizen of India.
  2. must have served as a judge of a High Court (or two or more High Courts in succession) for at least five years.
  3. must have been an advocate of a High Court (or two or more High Courts in succession) for at least ten years.
  4. must be, in the opinion of the President, a distinguished jurist.

Question 2.
Explain the Supreme Court of India as a Court of Record.
Answer:
The Supreme Court of India is a Court of Record as declared under Article 129 of the Constitution.
This status gives the Supreme Court two important powers:

1) Power to Record Proceedings and Judgments:
The decisions, proceedings, and judgments of the Supreme Court are permanently recorded and preserved. These records are recognized as legal evidence and can be used for future reference.

2) Power to Punish for Contempt of Court:
The Supreme Court has the authority to punish any person for contempt of court. Contempt means showing disrespect to the court or disobeying its orders, which may lower the dignity and authority of the court.

Question 3.
Mention the five writs that can be issued by the Supreme Court of India.
Answer:
The word “writ” means a written order. Under Article 32 of the Constitution of India, the Supreme Court of India can issue writs for the protection and enforcement of Fundamental Rights. Any person whose Fundamental rights are violated can directly approach the Supreme Court for justice. The five writs are Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.

Question 4.
Cite any two landmark Supreme Court judgments illustrating judicial activism.
Answer:
1) Kesavananda Bharati v. State of Kerala (1973) :
The Supreme Court introduced the Basic Structure Doctrine. It says that Parliament cannot change the basic features of the Constitution like democracy, rule of law, judicial review, and Fundamental Rights.

2) Maneka Gandhi v. Union of India (1978) :
The Court expanded article 21 (Right to Life and Personal Liberty) by holding that any procedure affecting personal liberty must be fair, just and reasonable.

Union Judiciary Questions and Answers AP Inter 2nd Year Civics Chapter 5

Question 5.
Who can file a PIL in India?
Answer:

  • A Public Interest Litigation (PIL) can be filed by any public-spirited individual or organisation. It can be filed in any High Court or directly in the Supreme Court of India.
  • The petitioner does not need to be personally affected or have suffered any injury to file a PIL.

Short Answer Questions

Question 1.
Describe the Collegium System used in appointing Supreme Court judges.
Answer:
The Constitution gives the power of appointing Supreme Court judges to the President of India, but in practice appointments are made through the Collegium System.
This system developed through the Three Judges Cases (1981,1993 and 1998).

The Collegium System:

  1. The Supreme Court Collegium consists of the Chief Justice of India and the four senior-most judges of the Supreme Court.
  2. The Collegium recommends names for appointment of judges to the Union Government.
  3. The recommendations are examined by the Law Ministry and Council of Ministers and then sent to the Prime Minister.
  4. The Prime Minister advises the President regarding the appointment.
  5. The President makes the final appointment under Article 124.
  6. The President may return the recommendation once for reconsideration, but if the Collegium repeats the recommendation, the President must approve it.

Question 2.
Explain any two jurisdictions exercised by the Supreme Court of India.
Answer:
The Supreme Court of India is the highest judicial authority in the country. Its decisions are final and binding on all courts, and can be reviewed only by the Supreme Court itself under Article 137. It performs important functions through different types of jurisdictions to protect the Constitution and ensure justice.

1. Original Jurisdiction
Under Article 131 of the Constitution gives the Supreme Court exclusive original jurisdiction to hear disputes between:

  1. The Central Government and one or more State Governments.
  2. The Central Government and some State Governments on one side, and one or more other State Governments on the other; Two or more State Governments.

2. Appellate Jurisdiction: The Supreme Court of India acts as the highest appellate authority in the country. It hears appeals against the judgments of lower courts and tribunals. The appellate jurisdiction of the Supreme Court extends to the following areas:

  1. Constitutional matters
  2. Civil matters
  3. Criminal matters
  4. Special Leave to Appeal

Union Judiciary Questions and Answers AP Inter 2nd Year Civics Chapter 5

Question 3.
What are the powers and functions of the Attorney General of India?
Answer:
The Attorney General of India: Article 76 of the Constitution of India provides for the office of the Attorney General of India. He is the highest law officer of the Union Government and is appointed by the President. He gives legal advice to the Government and represents it in important legal matters.

Powers and functions of the Attorney General:

  1. To advise the Union Government on legal matters referred to him by the President.
  2. To perform legal duties assigned to him by the President from time to time.
  3. To discharge functions conferred upon him by the Constitution or any other law.
  4. To appear in any court of law, including the Supreme Court, on behalf of the Union Government.
  5. To represent the Government in any reference made by the President to the Supreme Court under Article 143.
  6. To appear in any High Court on behalf of the Union Government.

Long Answer Questions

Question 1.
Explain the Writ Jurisdiction of the Supreme Court of India
Answer:
The word “writ” means a written order. Under Article 32 of the Constitution of India, the Supreme Court of India can issue writs for the protection and enforcement of Fundamental Rights. Any person whose Fundamental rights are violated can directly approach the Supreme Court for justice.

  1. Habeas Corpus: Habeas Corpus means “to have the body”. This writ is protects personal liberty. It is issued when a person is illegally detained, and the court orders their release if the detention is unlawful.
  2. Mandamus: Mandamus means “we command”. It is a command issued to a public authority to perform its legal duty. This writ cannot be issued against private individuals or organizations.
  3. Prohibition: Prohibition means “to forbid”. This writ is issued by a higher court to a lower court. It prevents the lower court from continuing a case that is beyond its jurisdiction. It is preventive in nature and can be issued only against judicial and quasi-judicial authorities.
  4. Certiorari: Certiorari means “to be certified” or “to be informed”. This writ is used to quash illegal orders of lower courts or tribunals. It is issued when a lower court acts without jurisdiction or violates legal principles.
  5. Quo Warranto: Quo Warranto means “by what authority”. This writ is used to restrain a person holding a public office illegally. It ensures that only legally qualified persons occupy public office. This writ cannot be issued in relation to private or non-statutory offices.

Question 2.
Critically analyse the significance and criticisms of Judicial Review in India.
Answer:
Judicial review is an important power of the Supreme Court of India used to uphold the supremacy of the Constitution. It allows courts to examine laws and executive actions and strike them down if they violate Fundamental Rights. This power is mainly derived from Article 13 and is influenced by the American Constitution.

Importance of Judicial review:
The Supreme Court of India is internationally recognized for its authority to determine the validity of Constitutional Amendment Acts. Judicial Review is essential for:

  1. Upholding the supremacy of the Constitution
  2. Maintaining federal balance between the Union and the States
  3. Protecting the Fundamental Rights of citizens

The Supreme Court, as the guardian of the Constitution, has the final authority to interpret it, and through judicial review it has expanded its role to cover almost all constitutional provisions. Thus, judicial review helps in making the Constitution a living document.

Criticism of Judicial Review:
The power of Judicial Review has been criticized on several grounds:

  1. Goes against Parliamentary Supremacy: Critics argue that Judicial Review weakens the authority of Parliament and goes against the democratic principle that elected representatives should make the laws.
  2. Uncertainty in Law: Sometimes, the Supreme Court’s interpretations are either too strict or too flexible. This leads to confusion and unpredictability in legal matters.
  3. Conflict between Judiciary and Legislature: Judicial Review has often led to disagreements and tension between the judiciary and the Parliament, especially when courts strike down laws passed by the legislature.

Union Judiciary Questions and Answers AP Inter 2nd Year Civics Chapter 5

Question 3.
Explain the concept of Public Interest Litigation (PIL) in India.
Answer:
Public Interest Litigation (PIL) is a legal system through which any public-spirited person or organization can approach the Supreme Court of India under Article 32 or a High Court under Article 226 to protect public interest and enforce fundamental rights. It helps poor and disadvantaged people who cannot approach the courts themselves.

The concept of PIL developed in India after the Emergency period through judges like Justice P. N. Bhagwati and Justice V. R. Krishna Iyer. Important PIL cases include Hussainara Khatoon v. State of Bihar and M. C. Mehta v. Union of India.

The main objective of PIL is to ensure social justice and protect fundamental rights. It has been used in matters relating to bonded labour, child labour, environmental protection, prison reforms, women’s rights, and human rights violations.

Who can file a PIL?

  1. A Public Interest Litigation (PIL) can be filed by any public-spirited individual or organization.
  2. It can be filed in any High Court or directly in the Supreme Court.
  3. The petitioner does not need to be personally affected or have suffered any injury to file a PIL.
  4. Even a simple letter or postcard to the court can be treated as a writ petition in appropriate cases.
  5. Foreigners can also file a PIL on behalf of others, provided it is genuinely for the benefit of the public.
  6. A PIL must be filed only in the interest of the people at large. If it benefits only one individual, it is not considered a valid PIL.

Multiple Choice Questions

Question 1.
The headquarters of the Supreme Court of India is located at
1. Mumbai
2. Delhi
3. Chennai
4. Kolkata
Answer:
2. Delhi

Question 2.
The Supreme Court of India was established under which Article of the Constitution?
1. Article 124
2. Article 136
3. Article 141
4. Article 143
Answer:
1. Article 124

Question 3.
Which of the following is not a jurisdiction of the Supreme Court?
1. Original Jurisdiction
2. Appellate Jurisdiction
3. Advisory Jurisdiction
4. Electoral Jurisdiction
Answer:
4. Electoral Jurisdiction

Question 4.
Mention the Article that empowers the Supreme Court to review its own judgments?
1. Article 132
2. Article 136
3. Article 137
4. Article 143
Answer:
3. Article 137

Union Judiciary Questions and Answers AP Inter 2nd Year Civics Chapter 5

Question 5.
The concept of the basic structure of the Constitution was laid down in which landmark case?
1. Golaknath vs. State of Punjab (1967)
2. Kesavananda Bharati vs. State of Kerala (1973)
3. Vishaka v. State of Rajasthan (1997)
4. Shankari Prasad vs. Union of India (1951)
Answer:
1. Golaknath vs. State of Punjab (1967)

Question 6.
The literal meaning of Habeas Corpus is
1. To have the body
2. We command
3. By what authority
4. To forbid
Answer:
1. To have the body

Fill in the Blanks

Question 1.
A judge of the Supreme Court holds office until the age of ___________ years.
Answer:
65

Question 2.
The Supreme Court of India came into existence on ___________
Answer:
28 January 1950

Question 3.
Public Interest Litigation (PIL) in India was first recognized in the case of ___________
Answer:
Hussainara Khatoon

Question 4.
The power of the Supreme Court to hear appeals is known as jurisdiction ___________
Answer:
Appellate

One Word Answers

Question 1.
Which court is the highest judicial authority in India?
Answer:
Supreme Court of India

Question 2.
Minimum years of High Court service as a judge required to become a Supreme Court judge.
Answer:
5 years

Union Judiciary Questions and Answers AP Inter 2nd Year Civics Chapter 5

Question 3.
What is the official language used for proceedings in the Supreme Court of India?
Answer:
English

Question 4.
In which case did the Supreme Court of India issue guidelines on sexual harassment at the workplace?
Answer:
Vishaka vs. State of Rajasthan