Chapter 4 The Supreme Court
Short Answer Questions
Question 1
Who determines the strength of the Supreme Court?
Answer
The Parliament determines the strength of the Supreme Court.
Question 2
By whom are the Judges of the Supreme Court appointed and how?
Answer
A group of senior Supreme Court judges headed by the CJI would make recommendations to the President on
who should be appointed as a judge of the Supreme Court. The CJI is required to consult the four senior most
judges of the Supreme Court before making any recommendation to the President of India in this regard. This
came to be known as the Collegium System which allows a college of persons (judges) to appoint judges.
Question 3
With reference to the judiciary, what is meant by the term 'impeachment'? On what grounds can a judge of the
Supreme Court be removed from office?
Answer
A Judge of the Supreme Court cannot be removed from office except by an order of the President on the
ground of proved misbehaviour or incapacity. This charge needs to be proved only by a joint address by both
houses of Parliament and supported by a two-third majority of members present and voting. The word 'proved'
is very important. It means that an allegation has been thoroughly examined by some impartial tribunal. This
procedure is known as impeachment.
A Judge of the Supreme Court cannot be removed from office except by an order of the President on the
ground of proved misbehaviour or incapacity.
Question 4
Who decides the salaries and other emoluments of the Judges of the Supreme Court? Under what
circumstances can the salaries and allowances of the Judges of the Supreme Court be reduced?
Answer
The salaries and other emoluments of the Judges of Supreme Court are decided by the President of India
according to Article 125 of the Constitution of India. The salaries of judges cannot be reduced except during
the period of financial emergency. Their salaries and allowances are charged to the Consolidated Fund of
India and so are not subject to vote of Parliament.
The salaries of the Judges cannot be reduced except during periods of financial emergency.
Question 5
Name the types of jurisdiction of the Supreme Court. In case of violation of the Fundamental Rights of
individuals, which type of jurisdiction of the Supreme Court is applicable?
Answer
The three types of jurisdiction of the Supreme Court are-
1. Original Jurisdiction
2. Appellate Jurisdiction
3. Advisory Jurisdiction
In case of violation of the Fundamental Rights of individuals, the Original jurisdiction of the Supreme Court is
applicable.
Question 6
Mention any one power of the Supreme Court which is not enjoyed by other courts. What happens if either the
Parliament or a State Legislature passes any law that is against the Constitution?
Answer
One power of the Supreme Court, which is not enjoyed by other Courts, is that only Supreme Court has the
right to revise its earlier decisions.
The Supreme Court has the power to review laws passed by the Union or State legislatures. If either the
Parliament or a State Legislature passes any law that is against the Constitution, the Supreme Court can
declare the law 'ultra vires' or null and void. This power is referred to as the power of judicial review.
Question 7
What is meant by the term 'Writ'? Name any two writs issued by the Supreme Court.
Answer
A writ is an order from a judicial authority asking a person to perform some act or refrain from performing an
act.
Two writs issued by the Supreme Court are-
1. Writ of Prohibition
2. Writ of Certiorari
Question 8
Who is the protector and final interpreter of the Constitution?
Answer
The Supreme Court of India is the protector and final interpreter of the Constitution.
Question 9
Mention two types under which an appeal in a criminal case lies to the Supreme Court.
Answer
Two types under which an appeal in a criminal case lies to the Supreme Court are-
1. Cases without the certificate of the High Court.
2. Cases with the certificate of the High Court.
The certificate of the High Court is not required in a case:
1. where the High Court has reversed the judgement of acquittal given by the Lower Court and punished
the accused with a death sentence.
2. which is withdrawn by the High Court from a Subordinate Court and sentenced the accused to death.
Question 10
State the difference between the Original jurisdiction and the Appellate jurisdiction.
Answer
The differences between the Original jurisdiction and the Appellate jurisdiction are as follows-
Original jurisdiction Appellate jurisdiction
Original Jurisdiction means the power to
Appellate Jurisdiction means the powers to
hear and determine a dispute in the first
grant special leave to appeal against the
instance; i.e., those cases which cannot be
judgement delivered by any court in the
moved in any court other than the Supreme
country.
Court.
It deals with Centre-State or Inter-State
disputes, protection of fundamental rights, The appellate jurisdiction extends to
transfer of cases from lower courts and Constitutional, civil and criminal cases.
interpretation of Constitution.
Structured Questions
Question 1
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) Mention three kinds of cases which come under appellate jurisdiction of the Supreme Court.
(c) Mention the types of cases that come under Original jurisdiction.
Answer
(a) Under our Constitution the judiciary is a single integrated system of courts for the Union and the states
with the Supreme Court at the apex. By the single integrated system we mean-
1. The Supreme Court is the head of the entire system and not only supervises but also exercises control
over the functioning of other courts.
2. There are no separate sets of laws and a single civil and criminal system operates throughout the
country.
3. All cases coming from the Lower Courts can be taken to the High Court and ultimately to the Supreme
Court, by way of appeal.
Below the Supreme Court stand the High Courts of different States and under each High Court there is a
hierarchy of other subordinate courts.
(b) Three kinds of cases which come under appellate jurisdiction of the Supreme Court are:
1. Constitutional Cases — All matters irrespective of the nature, where a certificate is issued by a High
Court that it involves an important point of law and needs interpretation of the Constitution, can be
brought before the Supreme Court. If the High Court refuses to give a certificate on such a case the
Supreme Court can grant special leave of appeal.
2. Civil cases — Appeals in civil matters lie to the Supreme Court, if the High Court certifies:
i. that the case involves a substantial question of law of general importance, and
ii. that the question needs to be decided by the Supreme Court
3. Criminal Cases — Two types of appeals in criminal cases lie in the Supreme Court.
i. Cases with the certificate of the High Court
ii. Cases without the certificate of the High Court. The certificate of the High Court is not required
in a case:
a. Where the High Court has reversed the judgement of acquittal given by the Lower Court
and punished the accused with a death sentence.
b. A case which is withdrawn by the High Court from a Subordinate Court and sentenced
the accused to death.
(c) The types of cases that come under Original jurisdiction of Supreme Court are as follows:
1. Centre-State or Inter-State Disputes — The Supreme Court has been given exclusive original
jurisdiction in any dispute:
i. between Government of India and one or more States
ii. between Government of India and any State or States on one side and one or more States on
the other
iii. between two or more States
2. Protection of Fundamental Rights — The original jurisdiction also extends to cases of violation of the
Fundamental Rights of individuals and the court can issue several writs for the enforcement of these
rights.
3. Transfer of Cases from Lower Courts — The Supreme Court may transfer to itself cases from one or
more High Courts, if these involve questions of law or cases are of great importance. The Supreme
Court may transfer cases from one High Court to another in the interest of Justice.
4. Interpretation of Constitution — All cases where interpretation of the Constitution is required can be
directly filed in the Supreme Court. The Supreme Court has the power of exclusive jurisdiction in
regard to questions as to Constitutional validity of central laws.
Question 2
The independence of the judiciary is necessary in a federal democratic set-up. In this context, describe the
part played by the following:
(a) Security of Tenure of Office.
(b) Security of Salary and Allowances of the Judges.
(c) Power to punish for Contempt of itself.
Answer
(a) A Judge can remain in office till he has attained the age of 65 years. He can be removed by the President
on the ground of "proved misbehaviour or incapacity."
(b) Judges' salaries, allowances, etc., shall not be changed to their disadvantage during their term of office.
The salaries of the Judges cannot be reduced except during periods of financial emergency. Their salaries
and allowances are charged on the Consolidated Fund of India and so are not subject to vote of Parliament.
(c) The Supreme Court can punish for the contempt of court if a person or authority makes an attempt to
lower its authority.
Question 3
The Supreme Court has extensive jurisdiction. In this context answer the following:
(a) What is meant by 'Appellate Jurisdiction'? Name two types of cases in which an appeal shall lie to the
Supreme Court.
(b) What do you understand by advisory functions of the Supreme Court? State the types of cases where the
Supreme Court may be required to express its opinion.
(c) What is meant by Revisory Jurisdiction of the Supreme Court?
Answer
(a) Appellate Jurisdiction means the powers to grant special leave to appeal against the judgement delivered
by any court in the country. The appellate jurisdiction extends to Constitutional, civil and criminal cases.
Two types of cases in which an Appeal shall lie to the Supreme Court are-
1. Constitutional cases
2. Civil cases
(b) The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public
importance as may be referred to it for consideration by the President of India.
The Supreme Court may be required to express its opinion in two classes of matters, in an advisory capacity:
1. Any question of law may be referred to the Supreme Court if the President considers that the question
is of public importance and it is necessary to obtain the opinion of the Supreme Court. Such opinion of
the Supreme Court is advisory and not binding on the Government nor is it executable as a judgement
of the Supreme Court.
2. Disputes arising out of pre-Constitution treaties and agreements which are excluded from original
jurisdiction by Article 131.
(c) The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a
view to removing any mistake or error that might have crept in the judgement or order. This is because the
Supreme Court is a court of record and its decisions are of evidentiary value and cannot be questioned in any
court.
Question 4
Discuss how the Constitution has ensured that the Supreme Court acts as:
(a) Custodian of the Constitution.
(b) Guardian of the Fundamental Rights.
(c) A Court of Records and its implication.
Answer
(a) All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court.
1. The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional
validity of central laws.
2. The Supreme Court is the interpreter of the Constitution and its decision is final.
3. It has the power to review laws passed by the Union or State legislatures.
4. The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of
the Constitution or contravenes any provision of the Constitution. This power is referred to as the
power of judicial review.
5. The minimum number of Judges to hear and decide a case involving interpretation of the Constitution
shall be five.
6. The Supreme Court has the power to review all National and State laws and executive orders and
declare them null and void, if they go against the provisions of the Constitution.
(b) The original jurisdiction of Supreme Court extends to cases of violation of the Fundamental Rights of
individuals and the court can issue several writs for the enforcement of these rights.
1. Any citizen whose rights are violated may move the Supreme Court for the enforcement of the rights.
2. The Supreme Court has power to issue orders or writs, in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights.
3. The Constitution prohibits the State from making any law which takes away or abridges the
Fundamental Rights.
4. If it does so, the law shall be declared null and void by the Supreme Court.
(c) A Court of Record is a court whose judgements are recorded for evidence and testimony.
1. The judgements are in the nature of 'precedents', i.e., the High Courts and other Courts are bound to
give a similar decision in a similar case. They are not to be questioned when they are produced before
any subordinate court.
2. The Supreme Court shall be a "Court of Record" and shall have all the powers of such a court including
the power to punish for contempt of itself.
3. The Court of Record has two implications:
(i) Its judgements and orders are preserved as record. These can be produced in any court as
precedents.
(ii) If a person commits a contempt of court,. the court has the authority to punish him. No authority
can deprive the court of this right.
Question 5
Supreme Court has many functions to protect the interests of all citizens. In this context, answer the following
questions:
(a) What is meant by Judicial Review?
(b) What is the significance of the power of Judicial Review?
(c) Mention three ways in which the Constitution ensures the independence of the Judges of the Supreme
Court.
Answer
(a) The Supreme Court is the interpreter of the Constitution and its decision is final.
1. It has the power to review laws passed by the Union or State legislatures.
2. The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of
the Constitution or contravenes any provision of the Constitution. This power is referred to as the
power of judicial review.
(b) The Constitution has provided for a balance of powers between the Centre and the States. If the Union
government or the State go beyond their limits, the Supreme Court can settle the dispute.
1. In a written Constitution a law may be ambiguously worked. The question of interpretation of the
Constitution is bound to arise and the Supreme Court only has the power of original jurisdiction.
2. The legislature may not possess the wisdom, experience and impartiality which are needed to explain
what the law means.
This function can be best performed by the Supreme Court.
(c) Three ways in which the Constitution ensures the independence of the Judges of the Supreme Court are-
1. Appointment of Judges — Every Judge of the Supreme Court is appointed by the President after
consultation with the Cabinet as well as the Judges of Supreme Court and High Court. Thus, the
judiciary and the executive are involved in the appointment of Judges.
2. Security of Tenure — A Judge can remain in office till he has attained the age of 65 years. He can be
removed by the President on the ground of "proved misbehaviour or incapacity."
3. Punishment for Contempt of Court — The Supreme Court can punish for the contempt of court if a
person or authority makes an attempt to lower its authority.
Picture Study
Question 1
Study the figure and answer the following questions:
(a) Identify the building in the picture. Where is it located? What is the position of this court in the entire
judicial set up in India?
(b) State three qualifications required to be the judge of this court.
(c) How does this court maintain the sanctity of the Constitution of India?
Answer
(a) The figure shows the Supreme Court of India. It is located in New Delhi.
Under our Constitution the judiciary is a single integrated system of courts for the Union and the states with
the Supreme Court at the apex. The Supreme Court is the head of the entire system and not only supervises
but also exercises control over the functioning of other courts.
(b) A person is not qualified for appointment as a judge of the Supreme Court unless he is a citizen of India,
and
1. has been for at least five years a Judge of a High Court or of two or more such courts in succession;
or
2. has been for at least ten years an advocate of a High Court or of two or more such courts in
succession; or
3. is, in the opinion of the President, a distinguished jurist.
(c) All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court.
1. The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional
validity of central laws.
2. The Supreme Court is the interpreter of the Constitution and its decision is final.
3. It has the power to review laws passed by the Union or State legislatures.
4. The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of
the Constitution or contravenes any provision of the Constitution. This power is referred to as the
power of judicial review.
5. The minimum number of Judges to hear and decide a case involving interpretation of the Constitution
shall be five.
6. The Supreme Court has the power to review all National and State laws and executive orders and
declare them null and void, if they go against the provisions of the Constitution.
Chapter 5 The High Courts and Subordinate Courts
Short Answer Questions
Question 1
Name two High Courts of India whose jurisdiction extends to more than two States.
Answer
Guwahati High Court and Chandigarh High Court are the two High Courts of India whose jurisdiction extends
to more than two States.
Question 2
What is the composition of a High Court?
Answer
Each High Court consists of a Chief Justice and such other Judges as the President of India may appoint from
time to time.
Besides, the President has the power to appoint:
1. additional judges for a temporary period not exceeding two years.
2. an acting Judge, when a permanent Judge is temporarily absent or unable to perform his duties or is
appointed to act temporarily as Chief Justice.
Question 3
Who administers the Oath of office to the High Court Judges? By whom is the Chief Justice of a High Court
appointed?
Answer
A Judge of a High Court, before he enters upon his office, shall take an Oath before the Governor of the State,
or some person appointed in that behalf by him.
The Chief Justice of a High Court is appointed by the President of India in consultation with the Chief Justice
of the Supreme Court and the Governor of the concerned State.
Question 4
Who can remove a Judge of the High Court? On what grounds can a Judge of the High Court be removed from
office?
Answer
A judge of a High Court can be removed by the president on the ground of "proved misbehaviour or incapacity"
on an address of each House of Parliament. Such an address should be supported by a majority of the total
membership of the House and by two-thirds of the members present and voting.
A judge of a High Court can be removed by the president on the ground of "proved misbehaviour or incapacity"
on an address of each House of Parliament.
Question 5
Who decides the salaries and allowances of the Judges of the High Court?
Answer
The Chief Justice of a High Court and other Judges of the High Court are paid a monthly salary, as decided by
the Parliament.
Question 6
How does the High Court protect the Fundamental Rights of individuals? What is meant by Revisory
Jurisdiction of the High Courts?
Answer
The High Court enjoys original jurisdiction for the enforcement of Fundamental Rights guaranteed by the
Constitution. All the High Courts are empowered to issue 'writs'. The writs that are issued are Habeas Corpus,
Mandamus, Prohibition, Quo Warranto and Certiorari. These writs are greatly instrumental in the protection of
Fundamental Rights of the citizens.
Revisory Jurisdiction means that the High Court can call for the record of a case which has been decided by a
subordinate court. This is done because the High Court feels that the Subordinate Court has exercised a
jurisdiction not vested in it or the latter has not followed proper procedure.
Therefore, the High Court can review the case and take appropriate action on it. This is known as the Revisory
Jurisdiction of the High Court.
Question 7
Mention two types of Subordinate Courts in a State.
Answer
Two types of Subordinate Courts in a State are-
1. The Court of the District Judge
2. Court of Civil Judge
Question 8
What is meant by the term Civil Cases? Which type of cases are known as Criminal Cases?
Answer
Civil cases are related to land, property and money transactions, arbitration, guardianship, marriages, divorce
and cases involving a Will.
Criminal cases are related to murder, robbery, theft, assault, etc.
Question 9
Which is the highest Civil Court in a District? Name the highest Criminal Court in a district.
Answer
District Judge or the Additional District Judge's Court is the highest Civil Court in a district.
Sessions Judge's or Additional Sessions Judge's Court is the highest Criminal Court in a district.
Question 10
Who is the highest Judicial Official at the district level for civil and criminal cases? How are the District
Judges in a State appointed?
Answer
The District Judge is the highest Judicial Official at the district level for civil and criminal cases.
The District Judge and the Additional District Judge are appointed by the Governor in consultation with the
Judges of High Court of the concerned State.
Structured Questions
Question 1
A High Court consists of a Chief Justice and other judges whose number the Parliament may fix from time to
time. As regards the composition of the High Court, answer the following questions:
(a) How are the Chief Justice and other Judges of the High Court appointed?
(b) State three qualifications for appointment as a Judge of the High Court.
(c) Mention two ways in which the Constitution ensures the independence and impartiality of the High Courts.
Answer
(a) The Chief Justice of a High Court is appointed by the President of India in consultation with the Chief
Justice of the Supreme Court and the Governor of the concerned State.
1. Other Judges of a High Court are appointed by the President.
2. The President shall consult the Chief Justice of India, the Governor of the State and the Chief Justice
of the High Court in the matter of appointment of a Judge to the High Court.
(b) According to the Constitution, a person shall be qualified for appointment as a Judge of a High Court
under the following conditions:
1. He should be a citizen of India.
2. He should not be over 62 years.
3. He has held a judicial office in the territory of India for at least ten years or he has been an advocate of
a High Court for at least ten years.
(c) The independence of High Courts is ensured by undertaking the following measures:
1. Full control over its procedure of work and establishment.
2. The High Court can punish a person for contempt of court if its authority is lowered.
Question 2
With reference to the powers of the High Court, briefly describe the following:
(a) What is meant by the Original Jurisdiction of the High Court? Mention two types of cases in which the High
Court exercises Original Jurisdiction.
(b) Mention two types of cases in which the High Court exercises Appellate Jurisdiction.
(c) How does the High Court control the power of the Legislature and the Executive?
Answer
(a) High Courts have original jurisdiction, that is, the power to hear and decide cases at the first instance. It
has original jurisdiction in the following cases:
1. Matters relating to State revenue and its collection.
2. Cases regarding wills, divorce, marriage, company law and contempt of court may be referred or
brought before the High Court directly.
(b) Two types of cases in which the High Court exercises Appellate Jurisdiction are-
1. Civil cases — Appeals can be brought to the High Court:
i. in matters concerning land revenue, and
ii. in cases where a blatant injustice has been committed by any Tribunal. In such cases, the High
Court may quash the order of the Tribunals.
2. Criminal cases — In criminal cases appellate jurisdiction consists of appeals:
i. Against the judgement of a Sessions Judge or an Additional Sessions Judge, where the
sentence of imprisonment exceeds seven years.
ii. Against the judgements of an Assistant Sessions Judge, the Chief Metropolitan Magistrate or
other Judicial Magistrates, where the sentence of imprisonment exceeds four years.
(c) The High Courts control the power of the Legislature and the Executive by the power of Judicial Review.
1. If any law, executive order or any ordinance passed by the State Legislature or any other authority
infringes the Fundamental Rights or contravenes any provision of the Constitution, the High Court can
declare it 'null and void'.
2. The High Court has the power of considering the Constitutional validity of any State law or executive
order or ordinance.
Question 3
With reference to the powers of the High Court, answer the following questions:
(a) How does the High Court act as a custodian of the Constitution?
(b) How does the High Court act as a protector of Fundamental Rights?
(c) What do we mean when we say that the High Court is a 'Court of Record'?
Answer
(a) Every High Court has the power to interpret the Constitution. This power is known as the power of Judicial
Review.
1. If any law, executive order or any ordinance passed by the State Legislature or any other authority
infringes the Fundamental Rights or contravenes any provision of the Constitution, the High Court can
declare it 'null and void'.
2. The High Court has the power of considering the Constitutional validity of any State law or executive
order or ordinance.
(b) All the High Courts enjoy original jurisdiction for the enforcement of Fundamental Rights guaranteed by the
Constitution.
1. The High Courts can also issue writs for the enforcement of Fundamental Rights.
2. The writs that are issued are Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.
3. These writs are greatly instrumental in the protection of Fundamental Rights of the citizens.
(c) The High Court is a 'Court of Record' like the Supreme Court. It means:
1. All the judgements and orders are preserved as a record to be referred to by its courts in future cases.
They can be produced as precedents.
2. The law laid down by the High Court is binding on all subordinate courts in the State concerned. But it
does not bind the other High Courts, although it is of great significance and can be produced in
support of an argument.
3. The High Court can punish anyone who commits a contempt of its orders.
Question 4
With reference to the jurisdiction of High Courts, write short notes on:
(a) Revisory Jurisdiction of High Courts.
(b) Its power to issue Writs.
(c) Its power of Judicial Review.
Answer
(a) Revisory Jurisdiction means that the High Court can call for the record of a case which has been decided
by a subordinate court.
1. This is done because the High Court feels that the Subordinate Court has exercised a jurisdiction not
vested in it or the latter has not followed proper procedure.
2. Therefore, the High Court can review the case and take appropriate action on it. This is known as the
Revisory Jurisdiction of the High Court.
3. A revisory jurisdiction is applicable in the following cases:
(a) injustice or an error of law apparent on the face of the record.
(b) violation of the principles of natural justice.
(c) arbitrary authority leading to wrong judgements.
(d) flagrant error in procedure.
(b) All the High Courts are empowered to issue 'writs'.
1. A writ is an order from a judicial authority asking a person to perform some act or refrain from
performing an act.
2. The writs that are issued are Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.
3. These writs are greatly instrumental in the protection of Fundamental Rights of the citizens.
(c) The High Court has the power of Judicial Review.
1. If any law, executive order or any ordinance passed by the State Legislature or any other authority
infringes the Fundamental Rights or contravenes any provision of the Constitution, the High Court can
declare it 'null and void'.
2. The High Court may withdraw a constitutional case from a Subordinate Court and deal with it or send
it back with its directions.
3. The 42nd Amendment Act, 1976, introduced provisions, where the power of the High Court to judge
the constitutionality of a State law was withdrawn during the Emergency.
4. But with the repeal of certain parts of the 42nd Amendment, the High Courts regained their powers of
considering the Constitutional validity of any State law or executive order or ordinance.
Picture Study
Question 1
Study the picture and answer the following questions:
(a) Identify the court whose logo is given in the picture on the right. How do these courts function?
(b) What are the advantages of resolution of disputes through such courts?
(c) What is the scope of a Lok Adalat in India?
Answer
(a) The given picture shows the logo of Lok Adalats.
1. Lok Adalat means 'People's Court'.
2. It is an alternative dispute redressal mechanism where disputes/cases pending in the court of law or
at pre-litigation stage are settled amicably.
3. There is no court fee payable when a matter is filed in a Lok Adalat.
4. The Legal Services Authorities Act, (1987) provides that State or district authorities shall organise Lok
Adalats from time to time.
5. All decisions of the Lok Adalats shall be deemed to be decrees of a Civil Court and shall be binding on
the parties to the dispute.
6. Main condition of the Lok Adalat is that both parties in a dispute should agree for a settlement.
7. Voluntary organisations organise such courts in places like factories, farms, commercial complexes
and neighbourhood of the litigants to settle disputes in a spirit of harmony and compromise.
8. Cases are settled informally and cordially with the involvement of conflicting parties.
9. Lok Adalats also resolve cases which have not yet gone to any court.
(b) The advantages of resolution of disputes through Lok Adalats are-
1. Lok Adalats play important role in the settlement of family feuds, disputes between the neighbours
and minor cases of assault and injury by settling the disputes through compromise. Since the Lok
Adalats work in the spirit of compromise and understanding, both the parties feel satisfied.
2. Lok Adalats deliver fast and inexpensive justice. Any person can move Lok Adalat by an application on
a plain paper or using the format available with Legal Service Authorities and expect speedy justice.
3. The Lok Adalats reduce the workload of other courts enabling them to deal with more serious matters.
This reduces delays in higher courts.
4. Lok Adalats promote social justice by providing legal aid to weaker sections of society.
(c) The system of Lok Adalats has now become so popular that various government departments like the
Telephone Department, Traffic and the Electricity Boards have begun to hold Lok Adalats solving hundreds of
cases in a single day.
1. It is the need of the hour that Lok Adalats are organised more frequently and their jurisdiction is
expanded.
2. There are lakhs of cases pending in different courts all over India.
3. These courts can play important role in the settlement of family feuds, disputes between the
neighbours and minor cases of assault and injury.
4. Weaker sections of society cannot afford the delay or the costs involved in court procedures.
5. The institution of Lok Adalat tends to promote social justice as in Delhi where permanent Lok Adalats
have already been set up for settlement of all pending disputes concerning Delhi Development
Authority, Mahanagar Telephone Nigam, Municipal Corporation and National Insurance Co. Ltd.