ICSE-X-HistCivics

Previous Year Paper year:2010

with Solutions -
  • #5
    :
    The Supreme Court is the apex court in the entire judicial set up in India. In this context answer the following questions: (a) What is meant by the term Single-integrated judicial system ? (b) Explain the impeachment procedure for the removal of judges. (c) In the extensive jurisdiction of the Supreme Court state the difference between the original jurisdiction and the appellate jurisdiction. Mention two functions that come under Original jurisdiction. (b) Explain the impeachment procedure for the removal of judges. (c) In the extensive jurisdiction of the Supreme Court state the difference between the original jurisdiction and the appellate jurisdiction. Mention two functions that come under Original jurisdiction. (a) What is meant by the term Single-integrated judicial system ? (b) Explain the impeachment procedure for the removal of judges. (c) In the extensive jurisdiction of the Supreme Court state the difference between the original jurisdiction and the appellate jurisdiction. Mention two functions that come under Original jurisdiction. (b) Explain the impeachment procedure for the removal of judges. (c) In the extensive jurisdiction of the Supreme Court state the difference between the original jurisdiction and the appellate jurisdiction. Mention two functions that come under Original jurisdiction.
    Ans : (a) Single-integrated Judicial System: The parts of the system are :

    1. Supreme Court is the head of the entire system, supervises and exercises control over the Subordinate courts.

    2. There are same set of laws and a single civil and criminal system throughout the country.

    3. All cases can be taken from lower to high court and then to the Supreme Court.

    (b) A judge of the Supreme Court can be removed from his office only on the ground of proved misbehaviour or 'incapacity'. Procedure for the removal has been prescribed in the Constitution itself. In order to remove a Judge of the Supreme Court, each House of Parliament will have to pass a resolution supported by a majority of the total membership of that House and by a 2/3 majority of the members of that House present and voting. Such a resolution passed by the both the Houses will be addressed to the President, who will then pass the order of removal of the Judge. (c)

    Original Jurisdiction Appellate Jurisdiction
    Original jurisdiction means power to hear and determine cases in first instances. It means the court has a power to grant special leave to appeal against the judgement delivered by any court in the country. Such cases brought before the supreme court only through an appeal.

    Functions that comes under Original Jurisdiction:

    1. A dispute between the Government of India and one or more states.

    2. Disputes between two or more states.

    3. A Dispute between the Union and any state on the one side and other states on the other.

    4. The Supreme Court entertains suits for the enforcement of Fundamental Rights also. Such suits can be brought by private individuals against the Union Government or a State Government.

    5. Original Jurisdiction extends to such other cases in which an Interpretation of the Constitution is involved. (any two)

    (b) A judge of the Supreme Court can be removed from his office only on the ground of proved misbehaviour or 'incapacity'. Procedure for the removal has been prescribed in the Constitution itself. In order to remove a Judge of the Supreme Court, each House of Parliament will have to pass a resolution supported by a majority of the total membership of that House and by a 2/3 majority of the members of that House present and voting. Such a resolution passed by the both the Houses will be addressed to the President, who will then pass the order of removal of the Judge. (c)

    Original Jurisdiction Appellate Jurisdiction
    Original jurisdiction means power to hear and determine cases in first instances. It means the court has a power to grant special leave to appeal against the judgement delivered by any court in the country. Such cases brought before the supreme court only through an appeal.

    Functions that comes under Original Jurisdiction:

    1. A dispute between the Government of India and one or more states.

    2. Disputes between two or more states.

    3. A Dispute between the Union and any state on the one side and other states on the other.

    4. The Supreme Court entertains suits for the enforcement of Fundamental Rights also. Such suits can be brought by private individuals against the Union Government or a State Government.

    5. Original Jurisdiction extends to such other cases in which an Interpretation of the Constitution is involved. (any two)

    (a) Single-integrated Judicial System: The parts of the system are :

    1. Supreme Court is the head of the entire system, supervises and exercises control over the Subordinate courts.

    2. There are same set of laws and a single civil and criminal system throughout the country.

    3. All cases can be taken from lower to high court and then to the Supreme Court.

    (b) A judge of the Supreme Court can be removed from his office only on the ground of proved misbehaviour or 'incapacity'. Procedure for the removal has been prescribed in the Constitution itself. In order to remove a Judge of the Supreme Court, each House of Parliament will have to pass a resolution supported by a majority of the total membership of that House and by a 2/3 majority of the members of that House present and voting. Such a resolution passed by the both the Houses will be addressed to the President, who will then pass the order of removal of the Judge. (c)

    Original Jurisdiction Appellate Jurisdiction
    Original jurisdiction means power to hear and determine cases in first instances. It means the court has a power to grant special leave to appeal against the judgement delivered by any court in the country. Such cases brought before the supreme court only through an appeal.

    Functions that comes under Original Jurisdiction:

    1. A dispute between the Government of India and one or more states.

    2. Disputes between two or more states.

    3. A Dispute between the Union and any state on the one side and other states on the other.

    4. The Supreme Court entertains suits for the enforcement of Fundamental Rights also. Such suits can be brought by private individuals against the Union Government or a State Government.

    5. Original Jurisdiction extends to such other cases in which an Interpretation of the Constitution is involved. (any two)

    (b) A judge of the Supreme Court can be removed from his office only on the ground of proved misbehaviour or 'incapacity'. Procedure for the removal has been prescribed in the Constitution itself. In order to remove a Judge of the Supreme Court, each House of Parliament will have to pass a resolution supported by a majority of the total membership of that House and by a 2/3 majority of the members of that House present and voting. Such a resolution passed by the both the Houses will be addressed to the President, who will then pass the order of removal of the Judge. (c)

    Original Jurisdiction Appellate Jurisdiction
    Original jurisdiction means power to hear and determine cases in first instances. It means the court has a power to grant special leave to appeal against the judgement delivered by any court in the country. Such cases brought before the supreme court only through an appeal.

    Functions that comes under Original Jurisdiction:

    1. A dispute between the Government of India and one or more states.

    2. Disputes between two or more states.

    3. A Dispute between the Union and any state on the one side and other states on the other.

    4. The Supreme Court entertains suits for the enforcement of Fundamental Rights also. Such suits can be brought by private individuals against the Union Government or a State Government.

    5. Original Jurisdiction extends to such other cases in which an Interpretation of the Constitution is involved. (any two)

  • #5-a [3]
    What is meant by the term Single-integrated judicial system ? (b) Explain the impeachment procedure for the removal of judges. (c) In the extensive jurisdiction of the Supreme Court state the difference between the original jurisdiction and the appellate jurisdiction. Mention two functions that come under Original jurisdiction.
    Ans : Single-integrated Judicial System: The parts of the system are :

    1. Supreme Court is the head of the entire system, supervises and exercises control over the Subordinate courts.

    2. There are same set of laws and a single civil and criminal system throughout the country.

    3. All cases can be taken from lower to high court and then to the Supreme Court.

    (b) A judge of the Supreme Court can be removed from his office only on the ground of proved misbehaviour or 'incapacity'. Procedure for the removal has been prescribed in the Constitution itself. In order to remove a Judge of the Supreme Court, each House of Parliament will have to pass a resolution supported by a majority of the total membership of that House and by a 2/3 majority of the members of that House present and voting. Such a resolution passed by the both the Houses will be addressed to the President, who will then pass the order of removal of the Judge. (c)

    Original Jurisdiction Appellate Jurisdiction
    Original jurisdiction means power to hear and determine cases in first instances. It means the court has a power to grant special leave to appeal against the judgement delivered by any court in the country. Such cases brought before the supreme court only through an appeal.

    Functions that comes under Original Jurisdiction:

    1. A dispute between the Government of India and one or more states.

    2. Disputes between two or more states.

    3. A Dispute between the Union and any state on the one side and other states on the other.

    4. The Supreme Court entertains suits for the enforcement of Fundamental Rights also. Such suits can be brought by private individuals against the Union Government or a State Government.

    5. Original Jurisdiction extends to such other cases in which an Interpretation of the Constitution is involved. (any two)

  • #5-b [3]
    Explain the impeachment procedure for the removal of judges.
    Ans : A judge of the Supreme Court can be removed from his office only on the ground of proved misbehaviour or 'incapacity'. Procedure for the removal has been prescribed in the Constitution itself. In order to remove a Judge of the Supreme Court, each House of Parliament will have to pass a resolution supported by a majority of the total membership of that House and by a 2/3 majority of the members of that House present and voting. Such a resolution passed by the both the Houses will be addressed to the President, who will then pass the order of removal of the Judge.
  • #5-c [4]
    In the extensive jurisdiction of the Supreme Court state the difference between the original jurisdiction and the appellate jurisdiction. Mention two functions that come under Original jurisdiction.
    Ans :

    Original Jurisdiction Appellate Jurisdiction
    Original jurisdiction means power to hear and determine cases in first instances. It means the court has a power to grant special leave to appeal against the judgement delivered by any court in the country. Such cases brought before the supreme court only through an appeal.

    Functions that comes under Original Jurisdiction:

    1. A dispute between the Government of India and one or more states.

    2. Disputes between two or more states.

    3. A Dispute between the Union and any state on the one side and other states on the other.

    4. The Supreme Court entertains suits for the enforcement of Fundamental Rights also. Such suits can be brought by private individuals against the Union Government or a State Government.

    5. Original Jurisdiction extends to such other cases in which an Interpretation of the Constitution is involved. (any two)