Class 10 Social Unit 5 Lesson 3 Judiciary

 

Class 10 Social Unit 5 Lesson 3 Judiciary

Lesson-3

Unit 5 civic awareness 

Judiciary 

A. Short answers questions.

1. What is judiciary? Why it is called a judicial organ of the state?

Ans:- The highest power of the government concerned with providing justice to the innocent and punishment to the criminals.

Judiciary is called judicial body because of following mentioned reasons:

i. It provides equal justice to the citizens using prevailing rules and laws.

ii. It saves the innocent and punishes the offender.

iii. It settles both civil and criminal cases.

iv. It protects the fundamental rights of people.

Hence judiciary is called a judicial organ and we all should follow the decisions given by judiciary.

2. Mention the functions of Supreme Court.

Ans:- The supreme court is the highest court in the judicial system of Nepal. It is also called the court of record because the decisions given by this court are recorded for long time.

The functions of Supreme Court are listed below:

i. To declare that law to be void if it appears to be inconsistent with the constitution.

ii. To issue necessary and appropriate orders and provide appropriate remedies for the enforcement of fundamental rights.

iii. To issue appropriate orders and writs including the writs of habeas Corpus, Mandamus, certiorari, prohibition.

iv. To hear original cases, to hear appeals, to examine decisions referred for confirmation review cases or review its judgment.

In this way Supreme Court plays a very important role to protect the rights of people.

3. How can the judiciary be kept independent and impartial? present any four suggestions.

Ans:- Judiciary is law protection of the government. It protects the people fundamental rights also saves the innocent and punishes the offender. We should make the judiciary in order to hear right decision from judiciary.

The judiciary can be kept independent and impartial by following ways:

i. The political parties should not interfere the works and decision of judiciary.

ii. Executive and legislature should not interpret and interfere the works of judiciary.

iii. By keeping the balance between the three organs of the government.

iv. By increasing the tenure of judges and by making rule according to the law.

v. Separation of judiciary from executive and legislature.

In this way we can make the balance between organs of government and can make judiciary independent.

4. What are the qualification required for chief judge and judges of high court?

Ans:- The qualifications are required for chief judge and judge of high court listed below:

i. Must be a Nepali citizen.

ii. He/she must pass a bachelor in law.

iii. Mast worked as a judge of district court for at least 5 years.

iv. Or, he was practiced as law graduate, senior advocate or advocate for 10 years.

v. Or, has conduct research or taught there on at least for 10 years.

If anyone possess all above mentioned qualification then he or she can become a chief judge or other judges of high court.

B. Long answer questions:-

1. Explain the functions of judiciary.

Ans:- The functions of judiciary are explained below:

i. Judicial function:- The main function of the judiciary is to provide equal justice to the citizens using the prevailing laws of the country. it saves the innocent and punished the it gives verdict on both civil and criminal case.

ii. Interpretation of law:- judiciary impress the law practiced in the country. When the court gives decision on any case, it explains the meaning of spirit of law. Such explanation can be used as the precedent if a similar type of cases filled in the court.

iii. Protection of people's rights and freedom:- The constitution provides various rights to the citizens. If the rights of people are violated then the court restores their rights. Judiciary is the only organ to protect people's fundamental right.

iv. Advisory function:- It provides suggestions and advices in critical legal matters. Generally head of the state and head of the government takes advice from judiciary.