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Kerala Plus one Political Science Chapter Wise Questions and Answers Chapter 6 Judiciary
Judiciary Questions and Answers
What is judiciary? Why do we need an independent judiciary?
The Judiciary in a nation makes sure that there is law and order in the nation and justice prevails there. Although it is considered the 3rd branch of the government, it has equal importance with the other two. The yardstick of a nation’s competence is its judiciary. The Constitution of India has made the Judiciary a free Institution. Judiciary protects the rights of the citizens and it is the guardian of the Constitution.
The laws enacted by the Legislatures are interpreted by the Judiciary. By interpreting the laws, the Judiciary brings in new laws. It is the Judiciary that decides if the laws are vague or anti-Constitutional. It is the duty of the Judiciary to ensure rule of law in the country.
What do you mean by the independence of judiciary?
By the independence of judiciary we mean the following:
a) The Executive and the Legislature should not interfere in the affairs of the judiciary. The judiciary is independent of the Executive and the Legislature.
b) The decisions of the Judiciary are not to be interfered with.
c) The Judiciary needs independence to pronounce judgments impartially, without fear or favor.
d) Judges should have an atmosphere in which they can deliver impartial judgments.
By independence of judiciary what is meant is not irresponsible or unilateral actions on the part of the Judiciary. Independent Judiciary is part of the democratic structure of the nation. Democratic values are to be protected. Therefore Judiciary should be loyal to the Constitution, to the democratic traditions and the people.
How can the independence of the Judiciary be ensured and maintained?
The independence of the Judiciary can be ensured and maintained by the following means:
- Mode of appointment
- Fixed period of tenure of office
- Financially independent
- Freedom from personal criticism
- Separation of the Executive and the Judiciary
- Handsome salary for the Judges
- Job Security
Who appoints the Supreme Court Judges?
It is the President that appoints the Supreme Court and High Court Judges. After consulting the Chief Justice, the President appoints the other judges of the Supreme Court.
Removal of the Supreme and High Court Judges is a very difficult task. Why?
The removal of the Supreme and High Court Judges is done through impeachment. Supreme Court Judges can continue in office until the age of 65. Any judge can resign by giving a letter to the President. The President has the authority to remove Judges on the basis of proven corruption of incompetence. But this can be done only if 2/3 majority of both the Houses with full membership passes a resolution to such an effect and requests the President for the removal of the Judge. Supreme Court Judges get allowances and free accommodation, apart from their salaries.
It is from the Consolidated Fund of India the Judges are given their salaries. The salary and other benefits of a Judge can’t be altered in a way that adversely affects him. The decisions and activities of the Judges done in their official capacity are not subject to any criticism. The Supreme Court has its own secretariat. It is the Chief Justice that appoints officials for the Secretariat. All this is done to keep the Judiciary as an independent and impartial organization.
Complete the following pyramid showing the structure of the Judiciary.
……….. have Writ jurisdiction.
The Supreme Court and High Courts that are Constitutional Courts.
Prepare a table showing the powers and duties of the Supreme Court, High Courts and District Courts.
|Supreme Court||High Courts||District Courts|
|The decisions of the Supreme Court are binding on all courts.||Can hear appeals from lower courts.||Handle all the cases that happen in the district.|
|Can transfer High Court Judges.||Can issue Writs to re-establish fundamental rights.||Can hear appeals from lower courts.|
|Can move a case from any court to the High Court.||Can handle any case within the jurisdiction of the State.||Can make judgments in serious criminal cases.|
|The case of one High Court can be moved to another High Court.||Can have control and supervision over the lower courts.||Lower Courts Handle civil and criminal cases.|
The Supreme Court is the highest Court in India. In that respect, evaluate the powers of the Supreme Court.
Original Jurisdiction: In the following cases the Supreme Court has original jurisdiction.
- Conflicts between the Centre and one or more States.
- In conflicts where the Centre and a State or States are on one side and a State or States on the opposite side.
- Conflicts between States.
- In issues connected with the election of the President and Vice President.
- To implement Fundamental Rights as per Article 32.
Appellate Jurisdiction: The Supreme Court is the highest Appellate Court in India. Its Appellate Jurisdiction can be divided into 3 – Constitutional, Civil and Criminal.
Constitutional Cases: If the High Court testifies that the problem has some serious element of interpreting the Constitution, appeal can be given to the Supreme Court. Even if the High Court refuses to certify such a thing, if the Supreme Court feels that the case has some serious element of interpreting the Constitution, the SC can issue Special Leave of Appeal.
The Supreme Court can, on its own initiative, or on the request of the Attorney General, can ask the High Courts to move matters of public interest to the SC.
Civil Cases: If the high Court that testifies to the effect that the matter needs the decision of the SC, the case can be transferred to the SC.
Criminal Cases: In the following circumstances appeals against High Court Judgements can be made in the SC:
If an accused is left unpunished, a person or organization can file an appeal if it is felt that leaving the accused unpunished will cause some difficulty to the public. Here the Court is approached for protecting public interest. Since the Court is approached for public interest, such cases are called ‘Public Interest litigation’. Such cases usually come up in situation where there is a lack of drinking water, problems of the poor, pollution, etc. Today this has become the most energetic weapon in the hands of the Judiciary.
Public Interest Litigation:
a) Anybody who is interested in public interest, to defend the rights of others; to solve public problems, can approach the Court.
b) Since litigation is very costly in India, for defending people’s rights, this helps. In the Constitution, is stated that only the persons whose fundamental rights are violated can approach the court. But this condition has been made loose by the Supreme Court by letting Public Interest Litigation. Through this anybody can approach the court to defend the fundamental rights of others.
Name the Chief justice of India.
Justice T.S. Thakur.
Binu: Judicial activism has highly influenced our political system.
Meena: But it has led to conflict between the Executive and the Judiciary.
On the basis of this conversation, explain the merits and demerits of judicial activism.
Judicial activism has caused some bitter feuds and confrontations among the Executive, Legislature and Judiciary in India. When the Executive and legislature become weak, the Judiciary openly intervenes for the protection of the rights of the people. It is good for democracy but it has its weaknesses. Here are the merits and demerits of judicial activism.
- Through public interest litigation, the powers of the Courts increased and the people’s faith in them also increased.
- Judicial activism helped to reduce expenses for litigation.
- Judicial activism forced the Executive to carry out its responsibilities.
- Increased workload for the Courts.
- It caused open clash between the Executive and Judiciary.
Prepare a note on Judiciary and rights.
Judiciary and rights: In jurisprudence, rights and their remedies go hand in hand.
- Right without remedy is useless.
- The Constitution has given the rights and the remedies for their violation.
- Articles 32 and 226 of the Indian Constitution authorizes the Supreme Court and the High Courts to issue orders for the implementation of the rights.
- The fundament rights given in the 3rd part of the Constitution are to be implemented and the remedies for violation are given in Article 32.
- Article 32 empowers the citizens to approach the Court to get their fundamental rights implemented.
- Article 226 empowers the High Courts in the States to issue orders for the implementation of citizens’ rights.
Public interest litigation enables the courts to interfere in social issues. Comment.
Article 226 talks about Public interest litigation. This is to ensure the citizens that they get their rights. In Kerala, there was a strike by government doctors. The Court then asked the government to solve the problem through negotiations. This court interference in the issue was because of Public interest litigation.
Identify examples where the Court/Judiciary acts as custodian of public interests.
- Banning meetings in public places.
- Banning the use of loudspeakers on streets.
These are examples where Judiciary has acted as custodian of public interests.
Find the odd one out:
a) When other Judges are appointed to the Supreme Court, the Chief Justice is consulted.
b) Judges are not usually removed before their retirement.
c) A High Court Judge can’t be transferred to another High Court. .
d) The Parliament has no role in the appointment of Judges.
A High Court Judge can’t be transferred to another High Court.
Prepare a note on Judiciary and Parliament.
According to the principle of decentralization of powers, each component of the government has to carry out separate functions. Judiciary has the responsibility of looking at the laws passed by the Parliament and see if they are in keeping with the Constitutional principles. In the modern times, through judicial activism, Judiciary is interfering with the Legislature. But the Parliament has the power to impeach the Judges if they found incompetent or corrupt. In fact, for the Constitution to function smoothly, cooperation between these two organs is essential.
What is the importance of judicial review?
lf the laws passed by the Legislature and implemented by the Executive are found to be contrary to the Constitution, the Judiciary has the right to declare such laws null and void. Using this right the Judiciary protects the rights of the citizens and thus it does a praiseworthy job.
Match the following:
|a) Supreme Court||T.S. Thakur|
|b) Writ authority||Original jurisdiction|
|c) Chief Justice of the SC||1979|
|d) Fundamental Rights||Constitutional Court|
|e) Judicial Activism||32nd section (Article 32)|
|a) Supreme Court||Original jurisdiction|
|b) Writ authority||32nd section (Article 32)|
|c) Chief Justice of the SC||T.S. Thakur|
|d) Fundamental Rights||Constitutional Court|
|e) Judicial Activism||1979|
How can the independence of the Judiciary be protected?
The Constitution has made provisions for keeping the Judiciary independent and impartial. They are as follows:
a) Mode of Appointment of Judges: The Constitution has made provisions to make the appointment of Judges above politics. The Legislature does not have much role in the appointment of Judges. For a person to be appointed as a Judge he should have experience as an advocate. He should be well-versed in law. A person’s politics does not have any role in his appointment as a Judge.
b) Fixed Tenure: The fixed tenure ensures that the Judges can work independently as they can’t be easily removed from their posts. Only in very rare circumstances can a judge be removed. This stability in the job makes them fearless and act judiciously without fear or favor.
c) Financial independence: The Judiciary does not have to depend on the Executive or the Legislature for their financial needs. The Constitution has made the salaries and allowances of the Judges beyond the jurisdiction of the Legislature. It makes the Judiciary independent. Handsome salaries and allowances will help the Judges to be independent and they will be free from the temptation of accepting bribes or such financial benefits.
d) Freedom from personal criticism: The decisions and activities of the Judge should be from criticism. Judiciary has the power to punish people for contempt of court. It is believed that this provision will protect Judges from unjust criticism. Even the Parliament can’t discuss the behavior of a Judge except as part of his impeachment process. The Judiciary can thus take impartial decisions without being afraid of criticism.
e) Separating the Executive from the Judiciary: This is another way of protecting the freedom of the Judiciary. If his fundamental rights are violated, any person can approach the SC for redress. In the form of Writ, the SC can issue special orders. For defending Fundamental Rights, the SC can issue Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. Through these Writs, the Judiciary can give orders to the Executive to take action.
What do you mean by writ Jurisdiction?
Who appoints the Judges to the Supreme Court and High Courts?
Which of the following are the jurisdictions of the Supreme Court?
a) Original jurisdiction
b) Appellate jurisdiction
c) Advisory jurisdiction
d) All of these
All of these
By issuing …….. the Supreme Court can reestablish Fundamental Rights.
The first Woman Judge of the Supreme Court was………
Justice Fatima Biwi