Judiciary in Indian - M5

Judiciary in Indian - M5

India works on three tiers of the Judicial system: The Supreme Court, the High Court and Subordinate Courts. In the Constitution of India – Article 124: Establishment and constitution of Supreme Court says that: There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

Multiple Choice

Which Article allows for the Provision of a Supreme Court

• Art 124

• Art 125

Multiple Choice

Which is the highest court in India

• Supreme Court

• High Court

Multiple Choice

Who is the current Chief Justice of India

• Sharad Arvind Bobde

• Tarun Gogoi

Judicial Review

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority.

Public Interest Litigation

Public interest litigation (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati.

It is a relaxation on the traditional rule of locus standi. Before 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL.

Multiple Choice

The full form of PIL is

• Person Interest Litigation

• Public Interest Litigation

Multiple Choice

Who started the PIL in India

• P. N. Bhagwati

• Tarun Gogoi

Multiple Choice

Judicial Review can be done by

• High Court

• Supreme Court

Multiple Choice

Who appoints the Chief Justice of India

• President

• Prime Minister

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Judicial Review Can be done in cases of

• Legislative

• Executive

• Both

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The Supreme Court cannot invalidate laws and act.

• True

• False

Multiple Choice

The power of judicial review is to check the power of the ruling government

• True

• False

Writ Petition

Writ Petition is an order by a higher court to a lower court or courts, directing them to do something or stop them from doing something. Writ is a form of written command in the name of the court. It directs you to act in a specific way.

Writ in India is the formal order of the court directing the authorities if there is a violation of the Fundamental Rights by a government authority or body. You can file a writ petition in the Supreme Court under Article 32 of the Indian Constitution, whereas you can file the writ petition in High Court under Article 226 of the Indian constitution. You can also file Writ Petitions in India for a civil or a criminal act

Multiple Choice

Writ is a form of

• Verbal command

• Written command

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Who has the power to issue writ petition

• High Court

• District Court

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Under which article one can file a writ in High Court

• Art 32

• Art 226

Multiple Choice

Under which article you can file a writ under Supreme Court

• Art 32

• Art 226

Multiple Choice

Writ Petitions can be filed for

• Only criminal cases

• Only civil cases

• Both criminal and civil