Class 11 Political Science (Indian Constitution At Work) Chapter 6 Judiciary

Key Concept: Judicial Activism Effects

c) It has blurred the lines between executive and judiciary.

[Solution Description] Judicial activism has sometimes blurred the lines between different branches of government, rather than strictly maintaining traditional boundaries. This blending can lead to a delicate balance where one branch may take on roles or responsibilities typically associated with another.

Key Concept: Role of Executive

b) Provides consultative feedback

[Solution Description] The executive plays an influential role in the process of judicial appointments, including that of the Chief Justice of India. While not the sole decision-maker, the executive’s recommendations and preferences can shape the outcomes due to its consultative power.

Key Concept: Independence Concept

c) Judges are free from political pressures

[Solution Description] The independence of the judiciary is ensured by keeping it free from political pressures and allowing judges to perform their duties without fear or favor, which maintains the integrity and impartiality of judicial decisions.

Key Concept: High Court Function

c) To issue writs for restoring Fundamental Rights

[Solution Description] The High Courts have the power to issue writs for restoring Fundamental Rights.

Key Concept: Basic Definition

d) Cases involving disputes between Union and States.

[Solution Description] Original jurisdiction refers to the authority of a court to hear a case at its inception without any prior lower court having handled it. In the context of the Supreme Court, it involves cases that directly concern federal relations, disputes between the Union and States, or among different States.

Key Concept: Binding Nature

d) Decisions made by the Supreme Court are binding on all other courts in India.

[Solution Description]

The Supreme Court’s decisions are binding on all other courts within India, ensuring uniformity and consistency in the law.

Key Concept: Role of PIL

c) Established the right to a speedy trial

[Solution Description] In the landmark case of Hussainara Khatoon vs. State of Bihar, the Supreme Court played a pivotal role in highlighting the plight of under-trial prisoners and emphasized the right to a speedy trial as part of the broader access to justice, which is an essential aspect of judicial activism.

Key Concept: Fundamental Rights

b) Article 226

[Solution Description] The High Courts in India have the power to issue writs under Article 226 for the enforcement of Fundamental Rights and for any other purpose, thereby playing a crucial role in protecting individual rights against unlawful actions.

Key Concept: Basic Concepts

c) To interpret and uphold laws

[Solution Description] The judiciary’s primary function in a democracy is to interpret and apply laws, ensuring justice is served according to the rule of law.

Key Concept: Basic Concepts

c) To interpret laws and ensure justice

[Solution Description] The main role of the judiciary in a democracy is to protect the rule of law and ensure that laws are applied fairly and consistently. This involves interpreting laws, resolving disputes, and checking the power of other branches of government to maintain a balance of power.

Key Concept: Judiciary Role

c) To interpret the Constitution and protect citizens’ rights

[Solution Description] The fundamental role of the judiciary in a democracy is to interpret the Constitution and ensure that laws are applied fairly, protecting citizens’ rights against misuse or misinterpretation by other branches of government.

Key Concept: Definition Recall

c) Cases that the Supreme Court considers directly, bypassing lower courts.

[Solution Description] Original jurisdiction refers to cases that can be directly considered by the Supreme Court without going to lower courts first.

Key Concept: Judicial Independence

c) Judiciary functions without favoritism to uphold laws impartially

[Solution Description] An independent judiciary ensures that judges can make decisions free from external pressures or influence, safeguarding fair trial rights and upholding rule of law.

Key Concept: Independence Features

c) Judges have a fixed tenure

[Solution Description] Financial independence ensures that judges are not influenced by external pressures related to their pay or resources necessary for their work.

Key Concept: Role of Judiciary

b) To protect the rule of law

[Solution Description] The primary role of the judiciary in maintaining democracy is to protect the rule of law, which ensures that all actions taken by the government are legal and constitutional.

Key Concept: Judicial Review

b) Declare laws unconstitutional

[Solution Description] Judicial review allows the Supreme Court to declare laws unconstitutional, ensuring that any law passed by the legislature adheres to the principles and provisions of the Constitution.

Key Concept: Historical Context

b) Senior-most Judge Convention

[Solution Description] In 1973, the convention of appointing the senior-most judge as the Chief Justice of India was broken, marking a historical deviation from practice.

Key Concept: Jurisdiction Type

c) Both Civil and Criminal Cases

[Solution Description] Subordinate courts deal with both civil and criminal cases within their jurisdiction as per Indian judicial system guidelines.

Key Concept: Key Terms

d) Collegium

[Solution Description]

The group of senior judges that plays a crucial role in judicial appointments is known as the “Collegium.” It includes the Chief Justice of India and four senior-most judges of the Supreme Court.

Key Concept: Basic Definition

b) Independence from the influence of other branches

[Solution Description] Judicial independence means that the judiciary operates independently from the executive and legislature. This ensures that judges can make decisions without influence or pressure from other branches of government.

Key Concept: Certification Requirement

a) To ensure it involves a substantial question of law

[Solution Description] The certification by the High Court ensures that only cases involving substantial questions of law or significant legal interpretations are escalated to the Supreme Court. This reduces unnecessary caseload in the Supreme Court, keeping it focused on matters of greater public importance.

Key Concept: Jurisdiction Basics

c) Original Jurisdiction

[Solution Description] The power of the Supreme Court to settle disputes between states falls under its Original Jurisdiction.

Key Concept: Landmark Cases

d) Kesavananda Bharati case

[Solution Description] The Kesavananda Bharati case is a landmark decision by the Supreme Court of India that outlined the basic structure doctrine, which asserts that certain fundamental features of the Constitution cannot be altered by amendments.

Key Concept: Judicial Review

b) Examine the constitutionality of laws

[Solution Description] Judicial review allows the Supreme Court to examine laws and determine their constitutionality. This process involves reviewing whether a law is consistent with the provisions of the Constitution. If a law is found unconstitutional, it can be declared invalid by the court.

Key Concept: Basic Concepts

b) Public Interest Litigation

[Solution Description] Public Interest Litigation (PIL) serves as an important tool for judicial activism in India as it allows courts to address issues affecting public interest.

Key Concept: Conceptual Understanding

a) To protect judges from political influence

[Solution Description] The procedure for removing judges is intentionally made difficult to protect judges from political influence. This ensures judicial independence by preventing arbitrary or politically motivated removals, which maintains the integrity and fairness of the judiciary.

Key Concept: Writ Powers

c) Article 226

[Solution Description] Article 226 of the Indian Constitution empowers the High Courts to issue writs for the enforcement of Fundamental Rights. This provides a mechanism for the protection of these rights at the state level, similar to Article 32 which applies to the Supreme Court.

Key Concept: Role of Judiciary

c) To protect the rule of law and ensure its supremacy

[Solution Description] The judiciary’s significant role involves protecting the rule of law and ensuring that laws are applied uniformly and fairly without any bias or external influence. This includes interpreting laws, resolving disputes, and maintaining the balance between various branches of government.

Key Concept: Constitutional Basis

b) Part III – Fundamental Rights

[Solution Description] Although not explicitly mentioned, the power of judicial review is derived from various constitutional provisions that deal with fundamental rights and the separation of powers between different branches of government.

Key Concept: PIL and Democratic Principles, Judicial Activism vs. Judicial Restraint

c) By increasing judicial oversight on executive functions

[Solution Description] Judicial activism through PIL has often led to courts taking proactive roles in governance, sometimes interpreting laws beyond their literal meaning or creating new legal principles. This can lead to increased checks on executive and legislative actions, potentially blurring the separation of powers by expanding judicial influence over areas traditionally managed by other branches. The critiques suggest that it could strain the intended balance by shifting more authority towards the judiciary rather than maintaining equilibrium among all branches.

Key Concept: Right to Property

b) No, it is not considered part of the basic structure.

[Solution Description] The Kesavananda Bharati case determined that the right to property is not part of the basic structure and therefore can be abridged or altered through constitutional amendments.

Key Concept: Outcome of Motion

c) He survived the motion

[Solution Description] The motion achieved a two-thirds majority among present and voting members but failed due to Congress party’s abstention, lacking one-half of the total strength of the House.

Key Concept: Judiciary Functions

c) Amending the Constitution

[Solution Description]

The judiciary’s functions include interpreting the Constitution, resolving disputes, and sometimes playing political roles through judicial review. However, amending the Constitution is not a function of the judiciary; this is done by the legislature.

Key Concept: Special Majority Calculation

c) 200 votes

[Solution Description] To find the two-thirds majority, we calculate: $\frac{2}{3} \times 300 = 200$. So, 200 votes are required.

Key Concept: Basic Definition

c) To hear appeals from High Courts

[Solution Description] The role of the Supreme Court is to act as the highest court of appeal, hearing appeals from lower courts including High Courts in civil, criminal, and constitutional cases.

Key Concept: Case Analysis

c) Environmental activists file a PIL compelling the government to act on pollution control.

[Solution Description] Judicial activism through PIL allows citizens to address issues concerning public welfare. Consider a scenario where the judiciary intervenes to enforce the right to clean air in a highly polluted city following a PIL filed by environmental activists. This demonstrates judicial activism as it compels governmental accountability for ensuring societal rights.

Key Concept: Functions

c) To make laws

[Solution Description] The primary function of the legislature is to make laws. Legislatures are responsible for debating, drafting, and enacting legislation that governs a country or state.

Key Concept: Utility of Advisory Jurisdiction

b) It provides a preliminary ruling to avoid future disputes

[Solution Description] The advisory jurisdiction allows the government to seek advice from the Supreme Court on matters that may otherwise lead to disputes or legal challenges if not clarified beforehand. This capability helps prevent cases from going to court unnecessarily by resolving potential issues through the Court’s advisement, thereby saving resources and time.

Key Concept: Fundamental Rights

c) Chapter on Fundamental Rights

[Solution Description] The judiciary plays a key role in safeguarding fundamental rights, which is discussed under the chapter on Fundamental Rights as part of the Constitution.

Key Concept: Security of Tenure

a) Security of tenure

[Solution Description] The independence of the judiciary is protected through security of tenure, which allows judges to perform their duties without fear or favor, providing them stability and protection from arbitrary dismissal.

Key Concept: Special Majority

b) Special majority

[Solution Description] The removal of a judge requires a special majority in both houses of Parliament. A special majority means more than a simple majority; it typically involves two-thirds of the members present and voting.

Key Concept: Definition Check

c) Judges can make decisions without fear or favor

[Solution Description] Independence of the judiciary means that judges are able to make decisions without fear or favor, and other government organs must not interfere in their functioning.

Key Concept: Implication Analysis

a) It reduces the likelihood of achieving the required majority

[Solution Description] Abstention by a major political party can reduce the number of votes required to achieve a special majority since it lowers the denominator of ‘members present and voting,’ thus potentially leading to failure of reaching the necessary count.

Key Concept: Judicial System Structure

c) Single integrated system with tiers: Supreme Court, High Courts, District Courts, Subordinate Courts.

[Solution Description] The judicial system in India is structured hierarchically with the Supreme Court at the top, followed by High Courts, District Courts, and Subordinate Courts. This order ensures a single integrated system without separate state courts as seen in some other countries like the USA.

Key Concept: Comparative Analysis, Critical Evaluation

b) Advisory jurisdiction addresses future concerns, whereas Article 137 focuses on past decisions.

[Solution Description] The Supreme Court’s advisory jurisdiction is distinct from its power under Article 137, which allows it to review its own judgments. While Article 137 deals with reassessing previous rulings to correct potential errors, the advisory jurisdiction provides prospective legal advice on matters referred by the President. This prospective nature of advisory jurisdiction, aiming to clarify doubts before actual legal disputes arise, sets it apart as it often prevents litigation rather than resolving it post factum.

Key Concept: Writ Jurisdiction

b) To direct a government official to perform their duties

[Solution Description] A writ of Mandamus is issued by the court to compel a public official or body to perform a duty they are legally obligated to complete. It cannot be issued against private individuals or bodies.

Key Concept: Function Recognition

c) Article 32

[Solution Description] Article 32 of the Indian Constitution provides the Supreme Court with the power to issue writs to enforce fundamental rights.

Key Concept: Judicial Review Basics

b) The power to examine the constitutionality of laws

[Solution Description] Judicial review is the power of courts to examine the constitutionality of legislative acts and executive actions, ensuring they do not violate constitutional principles.

Key Concept: Basic Concepts

c) Traditions of law

[Solution Description] Judges face various constraints such as the Constitution, precedents, and media influence. However, traditions of law are part of legal guidelines rather than constraints.

Key Concept: Subordinate Courts

d) Civil and criminal

[Solution Description] Subordinate Courts are responsible for handling both civil and criminal cases at the local level.

Key Concept: Basic Concepts

c) To protect the rule of law and ensure supremacy of law

[Solution Description] The primary role of an independent judiciary in a democratic society is to protect the rule of law and ensure that laws are applied fairly, preventing any misuse or abuse of power. By doing so, it helps maintain justice and balance between different branches of government.

Key Concept: Judicial Independence

b) Judges have fixed tenure and terms of service

[Solution Description] Judicial independence is ensured by several factors, including security of tenure and non-alteration of terms of service, which means judges have fixed tenure not easily influenced by external entities.

Key Concept: Basic Role

b) To interpret and protect the Constitution

[Solution Description] The judiciary’s primary role is to interpret and protect the Constitution, ensuring laws are applied fairly and correctly.

Key Concept: Supreme Court Powers

c) The power to review its own judgments

[Solution Description] Article 137 of the Indian Constitution grants the Supreme Court the power to review its own judgments or orders. This means that the Supreme Court can reassess and change decisions it has previously made, if necessary.

Key Concept: District Court Role

b) Cases arising in the District

[Solution Description]

District Courts primarily handle cases arising within their district jurisdiction and also consider appeals from subordinate courts. They preside over civil and criminal matters that occur within the district.

Key Concept: Convention Break

c) Appointment of the senior-most judge

[Solution Description]

The convention of appointing the senior-most judge as the Chief Justice of India was broken with the appointment of Justice M.H. Beg.

Key Concept: Fundamental Rights Protection

c) Judiciary

[Solution Description] The judiciary, especially the Supreme Court and High Courts, play the most critical role in protecting the fundamental rights of citizens by interpreting legal provisions and striking down any laws that infringe upon these rights.

Key Concept: Basic Definition

d) Hearing appeals from decisions of lower courts

[Solution Description] The appellate jurisdiction of the Supreme Court involves hearing appeals against decisions made by lower courts, particularly the High Courts. It allows the Supreme Court to review and change outcomes of cases that have been decided at lower levels.

Key Concept: Controversial Appointments, Failed Removal Case

b) Misalignment among political parties leads to insufficient support for removal.

[Solution Description] For a judge to be removed, it requires a majority in both Houses of Parliament. If any intervening factors result in a lack of such a majority, even if an inquiry has established guilt, the judge could remain.

Key Concept: Basic Concepts

c) Full

[Solution Description] The legislature has full power to regulate the behavior of its members as part of its legislative privileges and duties, maintaining order and decorum during parliamentary proceedings.

Key Concept: Role of CJI

d) Chief Justice of India

[Solution Description] In the collegium system, the Chief Justice of India (CJI), along with four senior-most judges, plays a pivotal role in recommending judicial appointments.

Key Concept: Independence Concept

b) To allow judges to decide cases freely

[Solution Description] Independence of the judiciary is crucial as it ensures that judges can make decisions based on law without any influence or pressure from external sources, particularly political entities.

Key Concept: Basic Structure

c) Parliament can amend the Constitution but not its basic structure

[Solution Description] The Kesavananda Bharati case in 1973 led to a landmark judgment by the Supreme Court of India, which established the concept of the “basic structure” of the Constitution. According to this ruling, Parliament could amend the Constitution but not alter its basic structure or framework.

Key Concept: Role Identification

c) To protect the rule of law

[Solution Description] A principal role of an independent judiciary is to protect the rule of law by interpreting and applying it fairly, ensuring justice is served.