GSEB Solutions Class 9 Social Science Chapter 11 Indian Judiciary

Gujarat Board GSEB Textbook Solutions Class 9 Social Science Chapter 11  Indian Judiciary Textbook Questions and Answers, Additional Important Questions, Notes Pdf.

Indian Judiciary Class 9 GSEB Solutions Social Science Chapter 11

Gujarat Board Class 9 Social Science Indian Judiciary Textbook Questions and Answers

1. Answer the following questions in short:

Judiciary Is The Foundation Of Democracy Class 9 Question 1.
State the required qualifications for being appointed as the Judge of the Supreme Court.
Answer:

1. He should be a citizen of India. The retirement age of the Supreme Court Judge is 65 years.
2. He should have served as a High Court Judge in India for minimum 5 years.
3. He should have an experience of at least 10 years as an advocate in any of the Indian High Courts.
4. He should be a distinguished Judge or a well-known jurist in the opinion of the President of India.

Go through these Social Science Chapter 11 Indian Judiciary GSEB Class 9 Notes to score well in your exam.

Indian Judiciary Class 9 Question 2.
State the powers under the original jurisdiction of the Supreme Court.
Answer:
Original jurisdiction:
The power held by the Supreme Court to hear a matter brought to it directly without proceedings in any other lower court is called the original jurisdiction of the Supreme Court.
Under this, the Supreme Court has the following authority:

1. To hear cases between the Government of India and one or more states.
2. To hear and resolve differences of opinions, fights or conflicts between the Government of India and one or more states on the other sides and one or more other states.
3. To hear and provide judgment regarding disputes between different states.
4. To hear cases related to the Central Government and the matters related to the Constitution.
5. The Supreme Court also has the power to protect and preserve the fundamentals rights of the citizens of India.
6. It is also empowered to issue writs (orders) like Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-warranto.

Judiciary Class 9 Question 3.
Describe matters that are out of the jurisdiction of the Supreme Court.
Answer:
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 Judiciary Class 9 Question 4.
Explain the process of impeachment.
Answer:
Impeachment:

1. The process of removing a Supreme Court Judge from his post in case he is found guilty incapable, inefficient or involved in some misconduct, is called impeachment of the Supreme Court Judge.
2. The process of impeachment is done according to the provisions given in the Constitution of India.
3. The process is done by the Parliament and it is called ‘Impeachment Motion in Parliament’. Process:
4. The process of impeachment is conducted in the Parliament.
5. The House of the Parliament in which the case is charged initiates the process by taking the consent of the majority of the total members and 2\3rd members present and voting in each session.
6. The other House of the Parliament studies and inquires the charges.
7. The House of the Parliament monitors the presentations made through memorandums regarding the charges against the judge. The Houses also investigate the proofs for the same.
8. Based on the inquiry and the proofs the impeachment motion is put for vote.
9. If the impeachment motion is passed by the majority votes of the Parliament, the President removed the Judge from this post.
10. During the entire process, the Judge has the right to present his defence.

Judiciary Class 9 Question 5.
Describe the powers of the High Court in the criminal cases.
Answer:

1. 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.
2. 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.

Judicial System Class 9 Question 6.
State the required qualifications of the judge of the High Court.
Answer:
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.

Judiciary Class 11 Question Answer Question 7.
Name the various subordinate courts.
Answer:

1. The courts that are in the lowest level of the pyramidal structure of the Indian Judiciary are called subordinate courts.
2. These courts include District Courts, Taluka Courts, Fast Track Court, POTA Courts, Tribunals and certain special courts.
3. Each state is divided into an administrative unit known as ‘District’.
4. Each district consists of Civil Court, Criminal Court and Revenue Court.

2. Explain the following statements.

Explain Judiciary Class 9 Question 1.
Judiciary is the foundation of democracy.
Answer:

1. India is a democratic country and its people are considered sovereign. This means that in a democratic country its ‘people’ are above all and they should be given social, political and economic equality when they seek justice.
2. The Constitution of India is designed to protect the fundamental rights of the people.
3. Keeping this objective in mind, the Indian Constitution has kept judiciary independent, firm and fearless from the other two organs namely, the legislative and the executive,
4. With such massive power in its hand, the judiciary can take action and punish anyone who offends the legal system of the countiy and tries to snatch away democratic rights.
5. Thus, Indian judiciary in true sense respects the democracy and works as the foundation of democracy.

udiciary Class 11 Question 2.
The Supreme Court is the protector and guardian of the Constitution and Citizens.
Answer:
As per the Indian Constitution, the Supreme Court is the topmost judicial organization. It is considered to be the protector-guardian of the Constitution and the fundamental rights of Indian citizens because the Supreme Court has a power to nullify any steps law taken by the executive if it violates the Constitution.

Question 3.
The High Court occupies a key position.
Answer:

1. The High Court occupies a key position because it is the apex court at state level.
2. High Court hold one of the key positions in the continuous hierarchical pyramid of the Indian Judiciary.
3. The Constitution provides one High Court for every state.
4. The subordinate courts such as District Court, Taluka Court, etc. function under supervision of the High Court.
5. Hence, it can be said that the High Court occupies a key position.

Question 4.
Lok Adalat have become a centre of attraction.
Answer:

1. Lok Adalat or People’s Court is India’s innovative contribution to the world for resolving cases quickly.
2. It is an effective way to provide speedy and economical justice to the poor, weak and exploited section of the society.
3. Lok Adalats hear a variety of cases related to accidents and their compensation, divorce, alimony, general debts, personal complaints, police complaints, etc.
4. Lok adalats consist of advocates, social workers, educationists, reputed citizens, businessmen, police officers, insurance officers, judges and judicial officers.
5. Here cases are settled amicably such that both the parties are satisfied. Lok Adalats save time and money.
6. Moreover, all the judgments of the Lok Adalats are backed by the law.
7. Owing to innumerable advantages of the Lok Adalats they have become a centre of attraction.

Question 5.
The functioning of the Judiciary is a boon in case of negligence by the Legislature and the Executive.
Answer:

1. 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.
2. 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.

Question 6.
The Supreme Court is considered as a Court of Records.
Answer:

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

Question 7.
The Judges of the Supreme Court cannot practice law in any of the courts after retirement.
Answer:

1. The judges of the Supreme Court cannot practice law in any court after retirement because by restricting the judges of Supreme Court from practicing law after they retire the government aims at protecting the independence of the Judiciary.
2. If such restriction is not imposed then after retirement the judges may appear as lawyers for the cases which were under them when they were judge.
3. The new judge on the chair may be old colleagues or juniors of these retired judge. Due to this the seating judges may favour the retired judge due to their influence other reasons.
4. As a result, the seating judge may become bias towards the case.
5. Hence, the judges of the Supreme court are not allowed to practice law in any of the courts after their retirement.

3. Write short notes on:

Question 1.
Independence of the Judiciary:
Answer:

1. Judiciary is the third and one of the most important organs of the government.
2. The Indian Constitution has kept judiciary independent, firm and fearless from the other two organs namely, the legislative and the executive.
3. The objective behind keeping the judiciary independent is to protect the fundamental rights of the citizens, for social, political and economic equality and for providing justice.
4. The judges are appointed for a specific period of time and the executive cannot remove them as per their will or political pressure.
5. Thus, the Constitution of India gives the judiciary an independent, impartial and uniform place.

Question 2.
Appellate jurisdiction of the High Court.
Answer:

1. Under the appellate jurisdiction of the High Court, the Court hears the petition made against the civil and the criminal cases.
2. A petitioner can challenge the judgement of the lower courts and tribunals in the High Court.
3. In case of Session Court has issued any judgement to punish the accused for more than four years the petitioner can challenge the judgement in the High Court.
4. If the Session Court gives a capital punishment to the accused in case of a murder and on the other hand the lower court had initially given a lesser punishment for the same case, then the petitioner can challenge the judgment of the tribunal and can also approach High Court.
5. The High Court has the power to pass judgments on important questions related to law including interpretation of Constitution.

Question 3.
Court of Records.
Answer:

1. The Supreme Court is also called the Court of Records.
2. All the decisions, proceedings and interpretation of the Supreme Court are kept a record in the Supreme Court.
3. These records are the extremely important for future reference. When such a record presented in any case, then it cannot be challenged.
4. Any individual or court who does not respect such records and disapproves them, can be punished.

Question 4.
Lok Adalats and Public Interest Litigations
Answer:

1. Lok Adalats: he concept of Lok Adalat was started in Gujarat.
2. It is an effective way to provide speedy and economical justice to the poor, weak and exploited section of the society.
3. Lok Adalats function voluntarily even on Sundays and holidays at the district and taluka headquarters as per the convenience of the petitioners.
4. Generally, the Lok Adalats hear cases related to accidents and their compensation, divorce alimony, general debts, personal complaints, police complaints, etc.
5. Lok Adalats consists of advocates, social workers, educationalists, reputed citizens, businessmen, police officers, insurance officers, judges and judicial officers.
6. The Lok Adalats try to solve the cases amicably in such a way that both the parties get satisfied.
7. The cases fought in the Lok Adalats are neither won nor loss.
8. Lok Adalats saves both time and money.
9. All the judgements of the Lok Adalats are backed by the law Public Interest Litigations (PIL)
10. It means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community have pecuniary interest or some interest by which their legal right or liabilities are-afflicted.
11. A Public Interest Litigation can be filed in any High Court or directly in the Supreme Court.
12. PIL is a right given to the socially conscious member or a public-spirited NGO to espouse a public cause by seeking judicial for redressal of public injury.
13. Generally, this petition is filed by a public-spirited person or organization if it was felt that certain interests are undermined by the government. In such a situation, the court directly accepts the PIL.

Question 5.
Subordinate Courts.
Answer:

1. The courts are at the lowest level of the pyramidal structure of the Indian Judiciary system.
2. These courts include District Courts, Taluka Courts, Fast Track Court, POTA Courts, Tribunals and certain special courts.
3. Each state is divided into an administrative unit known as ‘District’.
4. Each district consists of Civil Court, Criminal Court and Revenue Court.

4. Choose the correct option:

Question 1.
The retirement age for a Judge of Supreme Court and High Court is:
A. 65 and 58
B. 65 and 60
C. 60 and 65
D. 65 and 62
Answer:
D. 65 and 62

Question 2.
How many years of experience as a lawyer is required to the appointed as a District Judge?
A. Three years
B. Seven years
C. Ten years
D. Five years
Answer:
B. Seven years

Question 3.
In which state is the High Court of Mizoram and Nagaland situated?
A. Meghalaya
B. Arunachal
C. Assam
D. Nagaland
Answer:
C. Assam

Question 4.
The headquarter of ‘Legal Aid Service Centre’ is situates at?
A. Wavodara
B. Rajkot
C. Ahmedabad
D. Gandhinagar
Answer:
C. Ahmedabad

Question 5.
Who appoint the judges of the Supreme Court?
A. Prime Minister
B. President
C. Vice President
D. Law Minister
Answer:
B. President

Question 6.
Which organization has been formed to settle the complaints of the consumers?
A. Free Judicial Counseling Centre
B. Civil Court
C. Consumer Forum
D. Small Cause Court
Answer:
C. Consumer Forum

Gujarat Board Class 9 Social Science Indian Judiciary Additional Important Questions and Answers

Question 1.
Describe the importance (independence and limitation) of judiciary.
Answer:
Importance of judiciary
(A) Independence of the judiciary:

1. A neutral and impartial judiciary protects and preserves the rights of its citizens.
2. Judiciary helps to solve difference arising between centre and the state or between one state and the other.
3. It does an important task of interpreting constitutional the provision given in law. By doing this, the judiciary observes that the Constitution remains supreme at the given point of time.
4. An independent, firm, impartial and fearless judiciary is extremely important to observe that the legislature or the executive do not violate the Constitution.
5. The Constitution observes that the judicial process is conducted without any mistake or delay and that the citizens get quick, cheap and equal justice.

(B) Limitation of judiciary:

1. Although the judiciary remains active and impartial in presence of afert legislature and executive, at times this may not be the case.
2. Sometimes due to inactiveness in the administration and religence by the executive andthe legislature, the judiciary may not be able to remain fearless, independent and impartial.

Question 2.
Write a short note on the tenure of the Supreme Court Judge.
Tenure of the Supreme Court Judge:

1. Generally, the Judge of the Supreme Court can work upto 65 years of age. However, his retirement age can be extended by the Parliament.
2. 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.
3. If a judge wishes to resign from his post, he can submit a written resignation to the President.
4. 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.

Question 3.
Explain the appellate jurisdiction of the Supreme Court.
Answer:
Appellate jurisdiction:

1. 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.
2. Under this a person can approach the Supreme Court against the judgement or writ given by the High Court.

Question 4.
Explain the advisory jurisdiction of the Supreme Court.
Advisory Jurisdiction:

1. When a lower court or a constitutional body seeks advice from the Supreme Court in matter of law then it is called its advisory jurisdiction of the Supreme Court.
2. If the President feels that a particular matter is important with respect to public welfare, he can send it to the Supreme Court for the advice.
3. The President may send matters related to law, truth, interpretation of the Constitution and considering the relevance of a Bill.
4. If the Supreme Court does not find anything, it can send it back to the President without giving its opinion.
5. Moreover, the President is not bound to follow the advice given by the Supreme Court.

Question 5.
Which powers are held by the Supreme Court other that the three jurisdictions?
Answer:
Other powers of the Supreme Court:

1. The Supreme Court has the power to review its own judgements.
2. It can punish the one who contempt the courts.
3. The Supreme Court can nullify steps or laws of the executive in case if it violates the Constitution. This right has been given to the President in the Constitution under the Right to Constitutional Remedies.
4. If the Supreme Court feels that a law, amendment in the Constitution or decision made by the lower courts do not align with the Constitution then it can declare it as unconstitutional.
5. As per the Constitution of India, citizens have been given the Right to Constitutional Remedies. In case if the citizens feel they are deprived of these rights they can approach the Supreme Court.
6. The court issues Writs to protect the fundamental rights of the citizens.
7. Thus, the Supreme Courtis the guardian as well as savior of the Constitution and citizens.

Question 6.
Write a brief note about the formation and working of the High Court.
Answer:
(A) Appointment of the Judges:

1. The President of India consults with the Chief Justice of the Supreme Court and the Governor of the respective state to appoint the Chief Justice of the High Court for that state.
2. The Chief Justice of the High Court is then consulted for appointing other judges of the High Court.
3. The President is the representative of the Prime Minister and the Cabinet of Ministers. Hence, only the President can appoint a Chief Justice after discussing and consulting with the Prime Minister and the Cabinet Ministers.
4. Then number of judges is not the same in all the High Courts of India.
5. If the President feels that the High Court is over loaded, it can appoint ad-noc in-charge judges for a period of two years.

(B) Tenure and removal of the Judges:

1. The judges of the High Court can remain in power till the age of 62 years.
2. If the judges wish to resign, they can submit their resignation to the President.
3. As per the provision in the Constitution, the President can remove any of the judges of the High Court through the process of impeachment. The Parliament can impeach a judge in case of charges of misconduct or misbehavior of the judges.
4. The judges of the. High Court can be transferred anywhere in India.

(C) Proceedings:
All the proceedings of the High Court are carried out in English language. On the order of the Legislative Assembly of a state that the work of the High Court is carried out in the vernacular language of that state.

Question 7.
Write a short note on the jurisdiction of the High Court.
Answer:
The jurisdiction of the High Court can be divided into three parts. They are:

1. Original jurisdiction:

1. The High Court has the power to issue directions, orders or writs related to Habeas Corpus to any person, authority and any government in case of violation of the fundamental rights of citizens.
2. The High Court has the authority to provide judgement in the cases related to companies, marriage, divorce and alimony.
3. It can also hear cases related to contempt of court, land revenue and its reimbursement, land reforms and remuneration.
4. Any petition that challenges the judgements of the civil and the criminal cases of lower courts can be made in the High Court.
5. Any petition challenging the provisions provided in the entrance examination can also be made in the High Court.

2. Appellate jurisdiction:

1. Under the appellate jurisdiction of the High Court, the Court hears the petition made against the civil and the criminal cases.
2. A petitioner can challenge the judgement of the lower courts and tribunals in the High Court.
3. In case the Session Court issues a judgement to punish the accused for more than four years, the petitioner can challenge it in the High Court.
4. If the Session Court gives a capital punishment to the accused in case of murder. On the other hand the lower court had initially given a lesser punishment for the same case. Then the petitioner can challenge the judgement in the High Court.
5. The High Court has the power to pass judgements on important questions related to law including interpretation of Constitution.

3. Administrative jurisdiction:

1. The High Court possesses the authority to supervise the working of all its subordinate courts (including tribunals) present in its state or region.
2. If the High Court feels that a subordinate court is not working properly on the present then it can take the case in its own hands and conduct the proceeding.
3. It can decide various types of fees the government need to collect and prepare various schedules.
4. It can also provide guidance and direction to the subordinate courts for ways and methods of maintaining various records.
5. The High Court publishes its own judgments and decisions. This helps the subordinate courts as a reference while taking decisions on various cases.
6. The lawyers use these published judgements and decisions as citation while pleading their cases.
7. The High Court of Gujarat is located on the Sarkhej-Gandhinagar Highway in Sola area of Ahmedabad.

Question 8.
Explain briefly the appointment and qualification of the District Judge.
Answer:
Appointment:
The appointment as well as the promotion of a District Judge is done by the Governor of the respective state after consulting the High Court of that state.

Qualifications:

1. A person to be appointed as a District Judge should be a citizen of India.
2. He should have practiced as an advocate for at least seven years.
3. An officer in the judiciary of either the state or the central government is eligible to be appointed as the Judge of the District Court.
4. All the other judges other than the District Judge are appointed by the Governor or the High Court by consulting the State Public Service Commission and as per the rules framed by the Constitution.
5. The judge who handles civil cases is called the District Judge and the one who handles criminal cases is called Session Judge.

Question 9.
Write a short note on the Civil and Criminal Court.
Answer:
District Court:
A District Court is broadly divided into
(A) Civil Court and
(B) Criminal Court.

(A) Civil Court:

1. A judge who handles the civil cases is called as the District Judge.
2. Judgements of the lower courts can be challenged in the District Court.
3. The District Court hears all the civil cases involving matters of rupee one lakh or more either by the government or against the government.
4. The judge of the District Court hears all the cases involving matters of marriage, divorce, alimony, reforms, parental custody.

(B) Criminal (Session) Court:

1. The District Magistrate presides over the Session Court.
2. The Session Courts includes court of Civil Judge – Class I and II.
3. Mamlatdar and Executive Magistrate Court are also a part of District Court.
4. These courts have the power to imprison a person for 3 to 10 years and fine a penalty up to rupees 5000 or more.
5. In case of a murder the court can give capital punishment, life time imprisonment and also life sentence.

Question 10.
Give a brief idea of various tribunals that exists in a district.
Answer:
Tribunals:

1. A district has several tribunals for solving various cases.
2. For example, there is a tribunal for compensating loss that occurs during road accidents.
3. Also, there is a tribunal for recovering debts.
4. For protecting consumer rights, there is a tribunal called ‘Consumer’s Rights Protection Forum’.
5. For protection the service and other rights of the teachers and professors, there is a tribunal called ‘Gujarat Educational Organisation Service Tribunal’.
6. These tribunals function like a court. They help the petitioners to recover their losses and receive compensation.

Question 11.
Give a brief idea of several small courts that run in a district.
Answer:

1. A district consists of several courts. A few of them are discussed below.
2. A district has ‘Small Cause Court’ and ‘Family Court’.
3. There is also a Revenue Court for hearing cases related to land and revenue and Labour Court for hearing labour disputes.
4. Moreover, each district has a ‘Fast Track Court’ whose objective is to run the case fast and solve it as soon as possible. For hearing the cases of POTA i.e., Prevention of Terrorism Act, there are POTA Courts in Gujarat.
5. All these courts have gathered attention by decentralising their administration and function independently, firmly and lawfully.
6. Simultaneously people have become aware of all these types of courts and are taking their benefits to solve their cases.

II. Complete the following statements by giving reasons:

Question 1.
It is said that the judicial system in India is continuous because …………………..
Answer:
It is said that the judicial system in India is continuous because appeals against the decision of the district courts can be filed in the High Court and appeals against High Court can be filed in the Supreme Court.

Question 2.
The judgements of the Supreme Court cannot be challenged in any court in India because ………………
Answer:
The judgements of the Supreme Court cannot be challenged in any court in India because the Governor of the State is appointed by the President. He serves as the representative of the Union Government in the State.

1. He keeps the President informed about the state of affairs in his state in his periodical reports.
2. He reports the breakdown of the constitutional machinery in the State and recommends the imposition of the President’s rule.
3. He looks after administration of the State when it is under the President’s rule. Thus, the Governor serves as a link between the Union and the State.

Question 3.
Lok Adalats have been established in Gujarat because …………………
Answer:
Lok Adalats have been established in Gujarat for provide speedy and economical justice to the poor, weak and exploited section of the society.

III. Fill in the blanks:

1. The ……………. were established to provide speedy and inexpensive justice to the poor and the weaker sections.
2. The ………….. were established to reduce the grievances of the consumers.
3. The free legal aid and guidance centre of Gujarat is situated at …………………..
4. The Supreme Court of India is situated in …………………
5. The …………….. Court is the apex of the Indian Judiciary.
Answer:
1. Lok Adalat
2. Consumer’s Rights Protection Forum
3. Ahmedabad
4. New Delhi
5. Supreme

IV. State whether the following statements are true or false:

1. The age of the judges of the Supreme Court cannot be more than 65 years.
2. The Supreme Court does not have power to review its earlier decisions.
3. There can be only one common High Court for two or more states.
4. The judge of District Court who handle the criminal cases is called a Sessions Judge.
5. The legal aid service centre’s head office is located in Gandhinagar.
Answer:
1. True
2. False
3. False
4. True
5. False

V. Match the following:

Column ‘A’
1. Appointment of the judges of the Supreme Court
2. Ultimate power to interpret the provisions of Constitution.
3. High Court of the state form executive
4. Indian Judiciary
5. To rectify the delay in giving justice

Column ‘B’
A. Lok Adalat
B. President of India
C. Separation form form executive
D. Supreme Court
E. Court of record
Answer:
1. (B)
2. (D)
3. (E)
4. (C)
5. (A)