UNIT – I

CHAPTER – 3
DEVELOPMENT OF INDIAN ADMINISTRATION DURING THE BRITISH RULE
(Judiciary and Administrative Tribunal)

Short Answer

1. What is Judiciary? Or Define the term Judiciary.

Ans: The word ‘Judiciary’ is derived from the Latin word ‘Judiciarius’, which means ‘of the
Courts’. The judiciary is the administration of court for the ensurance of judicious and
impartial dispensation of justice. In a democracy like India, it is defined as “A branch of
government administration, while the others are Executive and Legislative”.

2. Define Judiciary. Discuss the importance/role of Judiciary in India.

Ans: The word Judiciary is borrowed from the Latin word ‘Judiciarius’ which means ‘of the
Courts’. The judiciary is the administration of court for the ensurance of judicious and
impartial dispensation of justice. In a democracy like India, it is defined as “A branch of
government administration, while the others are Executive and Legislative”.

The following points highlight the importance of Judiciary:-

1) Judiciary is the custodian of the Constitution: The constitution provides

administrative legacy to the legislature at the public at large. However, the protection
of the sovereignty, unity and integrity of the nations depends on Judiciary. Any
infringement on the principles of secular, socialism and democratic republic shall
not be excused by judiciary.

2) Source of Law: The foundation source of Law in India is the Constitution, and
Statutes are enacted by the Legislature under it. But, as authorized by law, any
decisions or judgements of Judiciary shall be binding to all courts and public
authorities as equivalent to statutes and Acts of the legislature.

3) Judiciary is the Guardian of rights: The Fundamental Rights enshrined in

Part III of the Constitution cannot be completed without the protection of Judiciary.
People could avail liberty and justice under the unified roof of judicature. Courts can
issue orders or Writs of Habeas Corpus, Mandamus, Quo Warranto, Certiorari etc.,
for the protection of rights.

4) Advisory and Judicial Review: The Judiciary shall tender advice to the public
authorities in matters relating to the principles of the Constitution etc. Every Acts,
Laws and Rules made by the Legislature and public authorities shall qualify review
of judicial branches. Otherwise, Judiciary shall declare null of void for further action.

3. What is Public Interest Litigation (PIL)?

Ans: Public Interest Litigation means a litigation filed in a court of law for the protection of
public interest by concerning pollution, terrorism, road safety etc. PIL can be filed both
at the Supreme Court and each of the State High Courts. It has been interpreted by
judges to consider the intent of Public at large.
4. Mention the required qualifications to become Judges of the State High Courts.

Ans: A person to be appointed as a judge of a High Court should be a citizen of India. Further,

1) He should have held a judicial office in the territory of India for ten years or should
have been an advocate of High Court(s) for ten years.
2) There is no minimum age fixed for High Court judges, and unlike in Supreme Court,
there is no provision for appointment of a distinguished jurist as a judge of a high
court.

5. Discuss the appellate jurisdiction of the State High Courts.

Ans: Appeal in civil and criminal case can be made before the High Court against decision of
the Subordinate Court. In civil cases, an appeal can be made to the High Court against
the decision of the District Court. In criminal case an appeal is made to the High Court
against judgement of the Session Court.

But on the whole, an appeal can be made to the High Court on any matters
against the judgement of the lower Courts. Appeal against its decision lie with the
Supreme Court alone., the High Court can also give fresh verdict in civil and criminal
case against the decision of the Subordinate Courts.

A state legislature has power to make laws touching the jurisdictions and powers
of all courts within the state with respect to all subject enumerated in the State List and
the Concurrent List. But in regards the subjects in the concurrent List, the Union law
prevail in case of conflict.

6. Discuss the original jurisdiction of the State High Court.

Ans: The constitution of India does not give a detail description of the original jurisdiction of
the High Courts. It is accepted that the original jurisdiction of a High Court is exercised
by issues of Writs to any person or authority including Government.

Article 226 of the Constitution vests in the High Court the power to issue Writs
for the restoration of fundamental rights. It reads, “Notwithstanding anything in Article
32, every High Court shall have power; throughout the territories in relation to which it
exercises jurisdiction, to issue to any person or authority, including in appropriate cases
any Government, within those territories directions, orders or writs including writs in the
nature of Habeas Corpus, Mandamus, Quo-Warranto and Certiorari, or any of them for
the enforcement of any of the rights conferred by Part III and for any other purpose.”

The High Courts have also full power to make rules to regulate their business in
relation to the administration of justice. It can punish for its own contempt.

7. Explain briefly the various methods of legal remedies. OR What are the different Writs
according to the Indian Constitution?

Ans: The Constitutional remedies are available in regards to infringements of Fundamental

rights in India. Under Article 32 and Article 226 of the Indian Constitution, an aggrieved
person or any interest person can approach the Supreme Court and the State High
Court respectively with the under-mention Writs:-

i) Habeas Corpus: It is a Latin term which literally means ‘to have the body’.
This order is issued by the Court to produce a person who is detained unlawfully
so that the court may examine the facts of detention. In case the Court finds that
 the person is detained unlawfully, the person is set free. This writ is issue to
protect personal liberty.

ii) Mandamus: It literally means ‘command’ issued by the Court to commanding a

person or a public authority to do or for bear to do something in the nature of
public duty. Mandamus cannot be granted against the President of India and the
Governor.

iii) Prohibition: This is issued primarily to prevent an inferior court or tribunal from
exceeding its jurisdiction in cases pending before it or acting contrary to the rules
of natural justice. By a higher court to stop proceedings in a lower court on the
ground of over-stepping of jurisdiction.

iv) Certiorari: This writ is meant for rare use, by which an appellate court decides
to review a case at its discretion. A writ of certiorari orders a lower court to deliver
its record in a case so that the higher court may review it (for speedy justice).

v) Quo-Warranto: It is sort of an injunction. An order issued by the Court to

prevent a person from holding office to which he is not entitled and to oust him
from the office. Therefore, the Supreme Court and High Court can issue writs to
remove such person.

8. Mention the required qualifications to become Judges of the Supreme Court of India.

Ans: Article 124 (3) of the constitution prescribes that for appointment as a judge of the
Supreme Court a person must be

1) A citizen of India
2) Has been a judge of any High Court for at least 5 years, or
3) Has been an advocate in a High Court for 10 years or is in the opinion of the
President, a distinguished jurist.

9. Describe the powers and jurisdiction of the Supreme Court of India.

Ans: Supreme Court of India is the highest court established by Part V, Chapter IV of the
Indian Constitution. Supreme Court Judges are appointed by the President of India and
they hold office until they attain the age of 65 years. The law declared by Supreme Court
is binding on all courts within the territory of India – Article 141, All authorities, civil
and Judicial, in the territory of India, are required to act in aid of the Supreme Court –
Article 114. Exclusive power of Chief Justice of India in the matter of appointment of
officers and servants of the Court – Article 124(A).

The Supreme Court has original, appellate and advisory jurisdiction. Article 32,
(131-144) provides:-

1) Original Jurisdiction: The Court has original jurisdiction over:

a) Disputes between the Government of India and one or more States.
b) Dispute between the Indian Government and one or more States on one side and
one or more States on the other side.
c) Any dispute between two or more States.
d) The Supreme Court is empowered to issue directions, orders or writs, including
writs in the order of Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and
Certiorari to enforce them.
 ii) Appellate Jurisdiction: The power of a superior court to hear and decide
appeals against the judgement of a lower court is called appellate jurisdiction. The
Supreme Court has vast appellate jurisdiction. It hears appeals against the
judgement of the High Courts. Thus it is the highest and final court of appeal.

iii) Advisory Jurisdiction: Article 143 provides advisory jurisdiction and says
that besides the above jurisdiction of the Supreme Court, it shall have an advisory
jurisdiction, to give its opinion on any question of law or fact of public importance
and may be referred to its consideration by the President.

iv) Review Jurisdiction: This is covered under Article 137 and it gives the Supreme
Court the authority to review its judgements.

a) If there has been an apparent error on the face of record leading to perversity
of judgement, or
b) If a new evidence has been uncovered which was not available earlier despite
the best attempt by the party or out of no fault of the party.

10. What is the meaning of Administrative Tribunal?

Ans: The Administrative Tribunal is a measure for adjudication of disputes with respect to
recruitment and conditions of service of persons appointed to public services, either
under the Union Government or the State Government. Tribunal can be constituted
separately by the Union and State Government and two or more states can also
constitute a Joint Administrative Tribunal.

11. Discuss the appointment/required qualification of the Chairman and members of the
Administrative Tribunal.

Ans: For the appointment of Chairman and members of Administrative Tribunal, a person
shall be:-

i) A working Judge or has been a judge (as for the Chairman).

ii) Holding the post of the Secretary for at least Two years, not lower than Additional
Secretary to the Government of India or State (as for administrative member).
iii) He must be qualified for the judicial member of the High Court.
iv) He shall be appointed after consultation with the Chief Justice of India by the
President.

12. Discuss the composition of members of Administrative Tribunal.

Ans: The Constitution of India is silent on the composition of either the Central or State
Administrative Tribunal. Section 5 of the Tribunal Act, 1985 stated that ‘Each tribunal
consists of a Chairman and such members of Judicial and Administrative members’. All
the members of the Central Administrative Tribunal are appointed by the President of
India.
13. Mention the roles played by Administrative Tribunal.

Ans: The Administrative Tribunal exercise the following roles:-

1) The roles of Tribunal are Quasi Judicial. Of course, it has all such powers and
authority exercisable by courts, except the Supreme Court. On the other hand, the
State tribunals have such roles and jurisdiction as authorized by the legislature of
the concern state.

2) It can admit disputes relating to recruitments under the All India Service, Civil
Service of the Union or post connected with the defense in civil capacity.

3) Its role is extendable to local authority, corporation, society or other body controlled
and owned by the Government.
4) The tribunal shall decide every application made to it as expeditiously as possible.
And ordinarily on a perusal of documents and written representation.

5) It can admit disputes relating to conditions of service of civil servant.