Q 1 With reference to the Union Judiciary of India explain the following:
a. Qualifications to become the Judges of the Supreme Court. (3)
b. Why were the Lok Adalats founded? (3)
c. Discuss about the Appellate Jurisdiction of the Supreme Court. (4)
Question-4:
Maintaining International Peace is very important for the United Nations
Organization. With reference to this statement answer the following:
a.What are the principles of the United Nations? (3)
b. Write about the functions of the Security Council. (3)
c. Discuss how India and United Nations are working together since 1945. (4)
Answers
Answer:
a)In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for atleast five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least 10 years or he must be, ...
b)The first Lok Adalat was held in Gujarat in 1982.
A Lok Adalat accepts cases pending in regular courts and which are under its jurisdiction.
A Lok Adalat is presided over by the Members of Lok Adalat. Members act as statutory conciliators; they can only persuade the parties to come to a settlement, rather than order them.
The main condition of a Lok Adalat is that both parties have to agree to be judged through the forum.
There is no court fee; if a matter pending in a court of law is referred to a Lok Adalat and is subsequently settled, the court fee initially paid to the court is refunded to the parties.
A Lok Adalat does not strictly follow procedural laws and the Indian Evidence Act while assessing the merits of the claim.
The decision of a Lok Adalat is binding; its decision can be executed by a court of law.
All proceedings in a Lok Adalat are recorded and maintained for future reference. Thus, it is also known as a court of record.
A Lok Adalat usually resolves disputes and civil cases related to financial matters, partition suits, damages, matrimonial law, family disputes and compoundable criminal cases. Section 22B of The Legal Services Authorities Act provides for the establishment of a Permanent Lok Adalat (PLA) for exercising jurisdiction in respect to one or more public utility services (PUS). Section 22A of The Legal Services Authorities Act 1987 states as to what constitutes a 'Public Utility Service' for a Permanent Lok Adalat.[5]
c)Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends. In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court or from a Court subordinate to another State High Court. The Supreme Court, if satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself. Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme Court.