Question

Long answer type questions
1. Discuss the main functions of the judiciary.
2. How does the Constitution ensure independence of judiciary?
3. 'The structure of the courts in India resembles a pyramid.' Discuss.






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Answer 1

Ans 1) Some of the main function of the judiciary are as follows :

It interprets the laws

Protector of Civil rights

Decides the cases

Custodian of fundamental rights

Guardian of the constitution

Decide the conflicts of jurisdiction between the centre and state government in federations

Advisory

Miscellaneous functions

Ans 2) If the judiciary is independent then it can make fair decisions that uphold the rule of law an essential element of any genuine constitutional democracy.

Ans 3) The structure of the courts resembles a pyramid if seen from the lower to the highest level.

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Answer 2

1. The role of the judiciary is to adjudicate disputes according to law. Adjudication involves three functions: fact determination (done mostly by the trial court), law application and law determination.
2. The Constitution of India has ensured independence of judiciary by: (i) protecting salaries and service conditions of judges. (ii) prohibiting the judges from carrying on practice in courts of law after retirement. ... (iv) ensuring security of tenure of judges.
3. The structure of courts in Indian resemble a pyramid. It has three tiers. ... High courts which are the state level. High courts can hear appeals against judgements by district courts.

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