Sponsor Area

The Judiciary

Question
ICSEENIHC10005022

With reference to our Judiciary, discuss the following:

a.Why is the Judiciary Kept independent of the control of the executive and the Legislature?

Solution

The basic need for the independence of the judiciary rests upon the following points:

(i) To check the functioning of the organs: Judiciary acts as a watchdog by ensuring that all the organs of the state function within their respective areas and according to the provisions of the constitution. Judiciary acts as a guardian of the constitution and also aids in securing the doctrine of separation of powers.

(ii) Interpreting the provisions of the constitution: If the judiciary is not independent, the other organs may pressurize the judiciary to interpret the provision of the constitution according to them. Judiciary is given the job to interpret the constitution according to the constitutional philosophy and the constitutional norms.

(iii) Disputes referred to the judiciary: It is expected of the Judiciary to deliver judicial justice and not partial or committed justice. By committed justice we mean to say that when a judge emphasizes on a particular aspect while giving justice and not considering all the aspects involved in a particular situation. Similarly judiciary must act in an unbiased manner.

Question
ICSEENIHC10005023

With reference to our Judiciary, discuss the following:

b.What do we mean when we refer to the Supreme Court and the High Court as a ‘Court of Record’?

Solution

A court of record is a legal term referring to a trial court or appellate court in which a court clerk or a court reporter takes down a record of proceedings. That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some states, death penalty statutes provide that all evidence must be preserved for an extended period of time).

Question
ICSEENIHC10005113

Who appoints the Chief Justice of the Supreme Court?

Solution

The President

Question
ICSEENIHC10005370

Name the tribunal over which the High Courts do not have the power of Superintendence.

Solution

Tribunal relating to Army.