Class 10 Social Science - ICSE-HISTORY-CIVICS

Civics: The Judiciary

The chapter 'The Judiciary' in Class 10 ICSE Civics explores India's single, integrated judicial system. It details the hierarchy, composition, jurisdiction, and powers of the Supreme Court, High Courts, and Subordinate Courts. Students learn how the judiciary acts as the guardian of the Constitution, protector of fundamental rights, and the final interpreter of laws. Crucial topics include Original, Appellate, and Advisory jurisdictions, judicial review, and the crucial separation of powers that ensures judicial independence, making this a high-scoring and conceptually vital chapter for board examinations.

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Key Concepts

Single Integrated Judicial System

India has a unified judicial hierarchy with the Supreme Court at the apex, followed by High Courts at the state level and Subordinate Courts at the district level, ensuring uniform application of laws across the country.

Composition of the Supreme Court

It consists of the Chief Justice of India and a number of other judges appointed by the President. Judges hold office until the age of 65 years and can be removed only through impeachment.

Jurisdiction of the Supreme Court

The powers of the Supreme Court are divided into Original (cases brought directly), Appellate (appeals from lower courts), and Advisory (legal advice given to the President on matters of public importance).

Judicial Review

The power of the Supreme Court and High Courts to examine the constitutional validity of legislative enactments and executive orders, declaring them null and void if they violate the Constitution.

Independence of the Judiciary

Constitutional provisions such as security of tenure, fixed service conditions, and a ban on practice after retirement ensure that judges can make impartial decisions without political pressure.

Important Formulas

Supreme Court Judge Retirement Age: 65 years
High Court Judge Retirement Age: 62 years
Minimum Judges required for Constitutional Bench cases: 5
Qualifications: Must be a citizen of India, a distinguished jurist OR a High Court judge for 5 years OR an advocate for 10 years.

Board Exam Info

In the ICSE History & Civics Class 10 exam, the Civics section carries 40 marks in total. 'The Judiciary' is a high-yield chapter typically contributing 6 to 8 marks, featuring direct short-answer questions, structural questions on jurisdictions, and application-based questions on judicial review and independence of the judiciary.

Frequently Asked Questions

What is the difference between Original and Appellate jurisdiction?

Original jurisdiction refers to cases that can be heard directly by the Supreme Court for the first time (such as Centre-State disputes). Appellate jurisdiction refers to the power of the Supreme Court to hear appeals against judgments of lower courts or High Courts.

Can the Parliament remove a Supreme Court judge easily?

No, a Supreme Court judge can only be removed through a rigorous process of impeachment by an address of both Houses of Parliament supported by a special majority (two-thirds of members present and voting) on grounds of proved misbehavior or incapacity.

Why is the judiciary called the 'Guardian of the Constitution'?

The judiciary has the power of judicial review, allowing it to strike down any law or executive order passed by the government if it violates the fundamental provisions or basic structure of the Constitution.

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