Const ch 6 JUDICIARY
Q1. Give a note on the importance of the Judiciary.
Ans: Judiciary is very important because:
1. It settles disputes between individuals and private parties.
2. it protects the rights of individuals.
3. It interprets the provisions of the constitution and protects the rights of citizens.
4. By synchronizing with principles of the constitution like liberty, justice, etc.
5. To understand it in an easy way law has different interpretations. For example, a dictator will.
try to mold law in his favor while a communist government might try to mold law in favor of a group.
6. Whereas in our democracy judiciary interpret the law in favor of principles like justice, secularism, and rights, etc.
7. In democracies, independent judiciary plays a vital role by non-interference of ruling representatives and
and government servants. Judiciary has to function well and has to carry out its functions effectively.
8. Thus constitution has made certain provisions for its smooth functioning independently by providing a hierarchical court system with
jurisdiction powers.
Q2. Why do we need independence from the judiciary?
Ans: Independence of judiciary is must because:
1. It settles disputes according to the Rule of law.
2. It protects the rule of law
3. It ensures the supremacy of law
4. It safeguards the rights of individuals
5. It ensures that democracy does not give way to individual or group dictatorship.
Q3. what is the meaning of "Rule of law"?
Ans: 1. It means that all individuals whether rich or poor, men or women, forward or backward castes,
they all are subjected to the same law.
2. The other main organs of government that are Executive and Legislature must not restrain the functioning of
judiciary otherwise Judiciary can not provide Justice.
3. Other organs should not interfere with the decisions of the judiciary.
4. The judge must be able to perform functions without any fear. But he should not take arbitrary decisions.
Q4. How Independence of Judiciary is provided and protected ?
Ans:
1.Legislature is not involved in the process of appointment of judges : so Political party will not be
able to appoint judges. They need to have experience of law.
2.Judges have a fixed tenure. They hold office till the age of retirement.
this security ensures that they are able to function without fear of losing their jobs.
3.Removal of judges is very difficult. Since their removal from jobs is difficult they have
a security of tenure and can thus function fearlessly.
4.Judiciary is not dependent on executive and legislature for their salaries. Legislature does
not discuss on the salaries of judges. They also can not discuss about conduct of judges in
Parliament, unless the judge is not being impeached. if the judge is discussed it can lead to
contempt of court and the MP can be penalised.
Q5. what do you mean by "Independence of Judiciary " ?
Ans: it is meant for
1.Free from interference of Other organs of government like executive and legislature .
2.Other organs should not interfere with decisions of judiciary.
3.judge must be able to perform functions without any fear or favour.
But it does not mean that judiciary takes arbitrary decisions. Judiciary
is a part of democratic political structure.
Q6. Why is the removal of judge difficult?
Ans: It is difficult because that there is a security of tenure. Therefore judges can work fearlessly.
Q7. Who is appointed as chief justice of india (CJI)?
Ans: Senior most judge of supreme court is appointed as chief justice of india.
Q8. Name two judges who supreseded the convention to become CJI ?
Ans: 1.Justice AN Ray and justice MH Beg.
Q9. Name the judge who superseded justice HR Khanna to become CJI?
Ans: Justice M H Beg
Q10. Why MH Beg and AN Ray were able to break the convention in 1970s to become CJI?
Ans4.Indira Gandhi wanted committed bureaucracy and committed judiciary to sustain her rule. Moreover in 1975 she imposed
emergency. So she needed committed system who will adhere to her demands.
Q11. How is a Judge appointed?
Ans: To appoint a judge, principle of collegiality is adopted. Names of judges are suggested by
CJI in consultation with four senior most judges. And the president appoints them .
Q12. On which justice was resolution Against his removal passed?
Ans: Justice V. ramaswamy
Q13. On what grounds judge of supreme court or high court can be removed?
Ans: Proven misbehaviour or incapacity.
Q14. How does advisory jurisdiction help?
Ans: Advisory jurisdiction helps in a way that :
it allows government to seek legal opinion on important matter so that later it does not lead to unnecessary legal hassles.
when the supreme court gives advice the government can make changes in its action or legislations.
Q15. What are the Original jurisdiction powers of supreme court?
Ans: Original jurisdiction: it means cases that can be directly considered by supreme court without going to lower courts
before that. And those are federal cases. Disputes arising between union and states, and amongst states themselves directly
go to supreme court.
The supreme court has the sole power to resolve such cases. Neither high court nor lower court can deal with such cases.
It also interprets the powers of union and state government as laid down in constitution.
Q16. What are the Writ jurisdiction powers of supreme court ?
Writ jurisdiction: any individual whose fundamental rights has been violated he/she can directly approach supreme court.
The supreme court and high courts can order Writs. It is on the individual, whether he wants to approach high court or supreme court.
Through such writs, court can order executive whether to act or not to act.
Q17. What are the Appellate jurisdiction powers of supreme court ?
Appellate jurisdiction powers : It means that the supreme court will reconsider the case and legal issues involved in it. The supreme court
is the highest court of appeal. A person can appeal to supreme court against the decisions of the High Court. But high court has to
certify that the case is fit for appeal. And in criminal case, if death has been given by lower court, guilty can appeal to supreme court.
Supreme Court has the right to decide whether to admit appeal even when it is not granted by high court.
Q18.What are the Advisory jurisdiction powers of supreme court ?
Advisory jurisdiction:
supreme court possesses advisory functions. The president can ask the supreme court for advice on any matter that
is of public importance or that which involves interpretation of the constitution. But the supreme court is not bound to give advice and
the president is not bound to accept such advice.
The advantage of advisory function is that 1) it allows the government to seek legal opinion
on the important matter so that later it does not lead to unnecessary legal hassles. 2) when the supreme court gives advice to the government
can make changes in its actions or legislations.
Q19. What are the Advisory jurisdiction powers of the supreme court?
Arms: Special powers: supreme court can grant special leave to an appeal from any judgment or matter passed by any court in the territory of India.
Besides this, decisions made by the supreme court are binding on all other courts within the territory of India. It is enforceable across the country.
And the supreme court can review its own decisions at any time.
Q20. What is the original jurisdiction of the supreme court?
Ans: Original jurisdiction: it means cases that can be directly considered by the supreme court without going to lower courts before that.
And those are federal cases. Disputes arising between union and states, and amongst states themselves directly go to the supreme court.
The supreme court has the sole power to resolve such cases. Neither the high court nor the lower court can deal with such cases. The supreme court not
just settles the issue but also interprets the powers of union and state government as laid down in the constitution.
Q20: What is "Writ Jurisdiction"?
Ans: It means that any individual whose fundamental rights are violated/she can directly approach the supreme court.
Through such writs, the court can order an executive whether to act or not to act. This is called writ jurisdiction.
Q21. What is Appellate jurisdiction?
Ans: It means that the supreme court will reconsider the case and legal issues involved in it. A person can appeal to the supreme court against the
decisions of the High Court. But the high court has to certify that the case is fit for appeal. And in a criminal case, if death has been given by
lower court, guilty can appeal to the supreme court. Supreme Court has the right to decide whether to admit appeal even when it is not granted by the high court.
Q22. What is Advisory jurisdiction?
Ans: Advisory jurisdiction means that the president can ask the supreme court for advice on any matter that is of public importance or that which
involves the interpretation of the constitution. But the supreme court is not bound to give advice and the president is not bound to accept such advice.
Q23. What is PIL?
Ans: PIL is an instrument by which groups, organizations or individuals can file a case in court on behalf of the aggrieved person.
Q24: Why was PIL introduced?
As: PIL was introduced for bringing justice to poor and needy. Initially, the poor could not approach the court because of less
legal knowledge and less financial resources. But, after the 1980s, the supreme court came out with Public interest litigation in
which the public-spirited individual or voluntary organization can file a case on behalf of aggrieved.
For example: in 1979, an advocate filed a petition after reading about Bihar inmates spending long years in jail than their
punishment would have required. Supreme court took up the matter and it became famous as one of the early PILs.
Q25. How has PIL impacted the democratic system?
Ans: PIL has made our political system much more democratic. Now even poor and needy can get justice. It has made our
executive system more accountable. It has also made attempts to make elections much more free and fair. The court has
asked candidates contesting elections to file affidavits indicating their assets and income along with educational qualifications
so that people could elect their representatives based on accurate knowledge. Also, it has expanded the concept of rights by
including clean air, unpolluted water, and decent living as rights of the entire society.
Q26. What are the disadvantages of PIL?
Ans: PIL has overburdened courts. It has also blurred the distinction between executive and legislature on one hand and judiciary on the other.
Q27: Give two examples of PIL?
Ans: 1. In 1979, a newspaper published a report on Bihar prisoners about under trials. They reported that they have been
spending more years in jail as a punishment than it would have required. An advocate filed a petition and supreme court
took up the case. This was one of the earliest PILs. This is known as the Hussain area khatoon v/s Bihar case.
2. In 1980, a prison inmate of tihar jail managed to send a scribbled piece of paper to justice Krishna Iyer narrating
physical torture of prisoners. The judge got it converted into a petition. It came to be known as Sunil Batra v/s Delhi Administration.
Q28. In which year PIL was introduced?
Ans: 1979.
Q29. How does SC protect the rights of the individual?
Ans: The SC protects the rights of the individual by:
It can restore fundamental rights by issuing writs (article32). High courts can also issue writs(Article 226).
Supreme Court can declare the law as unconstitutional and nonoperational (Article13). This power can also be termed as judicial review.
Where SC can declare a law unconstitutional if it goes against the basic principles of the constitution.
Judicial activism has also expanded the scope of rights. PIL is an instrument through which judicial activism is brought into effect.
Q30. What is a judicial review?
Ans: It means the power of the supreme court (or high courts) to examine the constitutionality of any law if the court arrives
at the conclusion that the law is inconsistent with the provisions of the constitution, such a law is declared unconstitutional and invalid.
Q31. Where can be "Judicial Review" applied?
Ans: Judicial review can be applied to Fundamental rights
Federal relations: the Supreme Court can use judicial review powers if it sees that the distribution of powers is inconsistent with the constitution.
Q32. What is Judicial activism?
Ans: Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law.
It is sometimes used as an antonym of judicial restraint.
Q33. What is keshavananda bharati case?
Ans: It was a controversy arose over parliament's power to limit or restrict the right to property.
But court intervened and said that this is unconstitutional and the government cannot restrict right over the property.
Parliament then tried amending the fundamental rights in the constitution but the court said that parliament cannot amend fundamental rights.
During 1967 and 1973, this fight between the executive and judiciary became very popular. in 1973, the court gave
a decision that became very famous as keshavananda Bharati case. The court said that there is a basic structure of constitution which
cannot be amended or violated by the executive. And it also said that right to property is not the basic structure of constitution and
therefore, the right to property can be amended to bring public welfare. Nad secondly it also said that it is the ONLY court that will decide what
is the basic structure of the constitution.
Q34. What are the problems currently faced by our judiciary?
Ans: The problems currently faced by our judiciary are:
1.Corruption
2.Delay in giving judgments
3. Witnesses turning hostile: that means witnesses not giving true account of circumstances
4.Lack of staff
5.Overburdening of cases
6.No transparency among judges
7. Only wealthy and influential can approach courts
Q35. How has our constitution maintained the division of powers?
Ans: Our constitution has provided a system of balance of power. no organ of government can claim supremacy.
Each organ has clear functioning. Parliament is supreme in law-making
and amending the constitution. And executive is supreme in implementing them. while the judiciary is supreme
in settling disputes and deciding whether laws have been made by the principles of the constitution.
Q36. Give a few examples where the judiciary has become active in political cases?
Ans: Judiciary has given directions to CBI to initiate investigations against politicians and bureaucrats in the hawala case, Narasimha Rao case, Chidambaram case and Illegal allotment of petrol pumps case
Q1. Give a note on the importance of the Judiciary.
Ans: Judiciary is very important because:
1. It settles disputes between individuals and private parties.
2. it protects the rights of individuals.
3. It interprets the provisions of the constitution and protects the rights of citizens.
4. By synchronizing with principles of the constitution like liberty, justice, etc.
5. To understand it in an easy way law has different interpretations. For example, a dictator will.
try to mold law in his favor while a communist government might try to mold law in favor of a group.
6. Whereas in our democracy judiciary interpret the law in favor of principles like justice, secularism, and rights, etc.
7. In democracies, independent judiciary plays a vital role by non-interference of ruling representatives and
and government servants. Judiciary has to function well and has to carry out its functions effectively.
8. Thus constitution has made certain provisions for its smooth functioning independently by providing a hierarchical court system with
jurisdiction powers.
Q2. Why do we need independence from the judiciary?
Ans: Independence of judiciary is must because:
1. It settles disputes according to the Rule of law.
2. It protects the rule of law
3. It ensures the supremacy of law
4. It safeguards the rights of individuals
5. It ensures that democracy does not give way to individual or group dictatorship.
Q3. what is the meaning of "Rule of law"?
Ans: 1. It means that all individuals whether rich or poor, men or women, forward or backward castes,
they all are subjected to the same law.
2. The other main organs of government that are Executive and Legislature must not restrain the functioning of
judiciary otherwise Judiciary can not provide Justice.
3. Other organs should not interfere with the decisions of the judiciary.
4. The judge must be able to perform functions without any fear. But he should not take arbitrary decisions.
Q4. How Independence of Judiciary is provided and protected ?
Ans:
1.Legislature is not involved in the process of appointment of judges : so Political party will not be
able to appoint judges. They need to have experience of law.
2.Judges have a fixed tenure. They hold office till the age of retirement.
this security ensures that they are able to function without fear of losing their jobs.
3.Removal of judges is very difficult. Since their removal from jobs is difficult they have
a security of tenure and can thus function fearlessly.
4.Judiciary is not dependent on executive and legislature for their salaries. Legislature does
not discuss on the salaries of judges. They also can not discuss about conduct of judges in
Parliament, unless the judge is not being impeached. if the judge is discussed it can lead to
contempt of court and the MP can be penalised.
Q5. what do you mean by "Independence of Judiciary " ?
Ans: it is meant for
1.Free from interference of Other organs of government like executive and legislature .
2.Other organs should not interfere with decisions of judiciary.
3.judge must be able to perform functions without any fear or favour.
But it does not mean that judiciary takes arbitrary decisions. Judiciary
is a part of democratic political structure.
Q6. Why is the removal of judge difficult?
Ans: It is difficult because that there is a security of tenure. Therefore judges can work fearlessly.
Q7. Who is appointed as chief justice of india (CJI)?
Ans: Senior most judge of supreme court is appointed as chief justice of india.
Q8. Name two judges who supreseded the convention to become CJI ?
Ans: 1.Justice AN Ray and justice MH Beg.
Q9. Name the judge who superseded justice HR Khanna to become CJI?
Ans: Justice M H Beg
Q10. Why MH Beg and AN Ray were able to break the convention in 1970s to become CJI?
Ans4.Indira Gandhi wanted committed bureaucracy and committed judiciary to sustain her rule. Moreover in 1975 she imposed
emergency. So she needed committed system who will adhere to her demands.
Q11. How is a Judge appointed?
Ans: To appoint a judge, principle of collegiality is adopted. Names of judges are suggested by
CJI in consultation with four senior most judges. And the president appoints them .
Q12. On which justice was resolution Against his removal passed?
Ans: Justice V. ramaswamy
Q13. On what grounds judge of supreme court or high court can be removed?
Ans: Proven misbehaviour or incapacity.
Q14. How does advisory jurisdiction help?
Ans: Advisory jurisdiction helps in a way that :
it allows government to seek legal opinion on important matter so that later it does not lead to unnecessary legal hassles.
when the supreme court gives advice the government can make changes in its action or legislations.
Q15. What are the Original jurisdiction powers of supreme court?
Ans: Original jurisdiction: it means cases that can be directly considered by supreme court without going to lower courts
before that. And those are federal cases. Disputes arising between union and states, and amongst states themselves directly
go to supreme court.
The supreme court has the sole power to resolve such cases. Neither high court nor lower court can deal with such cases.
It also interprets the powers of union and state government as laid down in constitution.
Q16. What are the Writ jurisdiction powers of supreme court ?
Writ jurisdiction: any individual whose fundamental rights has been violated he/she can directly approach supreme court.
The supreme court and high courts can order Writs. It is on the individual, whether he wants to approach high court or supreme court.
Through such writs, court can order executive whether to act or not to act.
Q17. What are the Appellate jurisdiction powers of supreme court ?
Appellate jurisdiction powers : It means that the supreme court will reconsider the case and legal issues involved in it. The supreme court
is the highest court of appeal. A person can appeal to supreme court against the decisions of the High Court. But high court has to
certify that the case is fit for appeal. And in criminal case, if death has been given by lower court, guilty can appeal to supreme court.
Supreme Court has the right to decide whether to admit appeal even when it is not granted by high court.
Q18.What are the Advisory jurisdiction powers of supreme court ?
Advisory jurisdiction:
supreme court possesses advisory functions. The president can ask the supreme court for advice on any matter that
is of public importance or that which involves interpretation of the constitution. But the supreme court is not bound to give advice and
the president is not bound to accept such advice.
The advantage of advisory function is that 1) it allows the government to seek legal opinion
on the important matter so that later it does not lead to unnecessary legal hassles. 2) when the supreme court gives advice to the government
can make changes in its actions or legislations.
Q19. What are the Advisory jurisdiction powers of the supreme court?
Arms: Special powers: supreme court can grant special leave to an appeal from any judgment or matter passed by any court in the territory of India.
Besides this, decisions made by the supreme court are binding on all other courts within the territory of India. It is enforceable across the country.
And the supreme court can review its own decisions at any time.
Q20. What is the original jurisdiction of the supreme court?
Ans: Original jurisdiction: it means cases that can be directly considered by the supreme court without going to lower courts before that.
And those are federal cases. Disputes arising between union and states, and amongst states themselves directly go to the supreme court.
The supreme court has the sole power to resolve such cases. Neither the high court nor the lower court can deal with such cases. The supreme court not
just settles the issue but also interprets the powers of union and state government as laid down in the constitution.
Q20: What is "Writ Jurisdiction"?
Ans: It means that any individual whose fundamental rights are violated/she can directly approach the supreme court.
Through such writs, the court can order an executive whether to act or not to act. This is called writ jurisdiction.
Q21. What is Appellate jurisdiction?
Ans: It means that the supreme court will reconsider the case and legal issues involved in it. A person can appeal to the supreme court against the
decisions of the High Court. But the high court has to certify that the case is fit for appeal. And in a criminal case, if death has been given by
lower court, guilty can appeal to the supreme court. Supreme Court has the right to decide whether to admit appeal even when it is not granted by the high court.
Q22. What is Advisory jurisdiction?
Ans: Advisory jurisdiction means that the president can ask the supreme court for advice on any matter that is of public importance or that which
involves the interpretation of the constitution. But the supreme court is not bound to give advice and the president is not bound to accept such advice.
Q23. What is PIL?
Ans: PIL is an instrument by which groups, organizations or individuals can file a case in court on behalf of the aggrieved person.
Q24: Why was PIL introduced?
As: PIL was introduced for bringing justice to poor and needy. Initially, the poor could not approach the court because of less
legal knowledge and less financial resources. But, after the 1980s, the supreme court came out with Public interest litigation in
which the public-spirited individual or voluntary organization can file a case on behalf of aggrieved.
For example: in 1979, an advocate filed a petition after reading about Bihar inmates spending long years in jail than their
punishment would have required. Supreme court took up the matter and it became famous as one of the early PILs.
Q25. How has PIL impacted the democratic system?
Ans: PIL has made our political system much more democratic. Now even poor and needy can get justice. It has made our
executive system more accountable. It has also made attempts to make elections much more free and fair. The court has
asked candidates contesting elections to file affidavits indicating their assets and income along with educational qualifications
so that people could elect their representatives based on accurate knowledge. Also, it has expanded the concept of rights by
including clean air, unpolluted water, and decent living as rights of the entire society.
Q26. What are the disadvantages of PIL?
Ans: PIL has overburdened courts. It has also blurred the distinction between executive and legislature on one hand and judiciary on the other.
Q27: Give two examples of PIL?
Ans: 1. In 1979, a newspaper published a report on Bihar prisoners about under trials. They reported that they have been
spending more years in jail as a punishment than it would have required. An advocate filed a petition and supreme court
took up the case. This was one of the earliest PILs. This is known as the Hussain area khatoon v/s Bihar case.
2. In 1980, a prison inmate of tihar jail managed to send a scribbled piece of paper to justice Krishna Iyer narrating
physical torture of prisoners. The judge got it converted into a petition. It came to be known as Sunil Batra v/s Delhi Administration.
Q28. In which year PIL was introduced?
Ans: 1979.
Q29. How does SC protect the rights of the individual?
Ans: The SC protects the rights of the individual by:
It can restore fundamental rights by issuing writs (article32). High courts can also issue writs(Article 226).
Supreme Court can declare the law as unconstitutional and nonoperational (Article13). This power can also be termed as judicial review.
Where SC can declare a law unconstitutional if it goes against the basic principles of the constitution.
Judicial activism has also expanded the scope of rights. PIL is an instrument through which judicial activism is brought into effect.
Q30. What is a judicial review?
Ans: It means the power of the supreme court (or high courts) to examine the constitutionality of any law if the court arrives
at the conclusion that the law is inconsistent with the provisions of the constitution, such a law is declared unconstitutional and invalid.
Q31. Where can be "Judicial Review" applied?
Ans: Judicial review can be applied to Fundamental rights
Federal relations: the Supreme Court can use judicial review powers if it sees that the distribution of powers is inconsistent with the constitution.
Q32. What is Judicial activism?
Ans: Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law.
It is sometimes used as an antonym of judicial restraint.
Q33. What is keshavananda bharati case?
Ans: It was a controversy arose over parliament's power to limit or restrict the right to property.
But court intervened and said that this is unconstitutional and the government cannot restrict right over the property.
Parliament then tried amending the fundamental rights in the constitution but the court said that parliament cannot amend fundamental rights.
During 1967 and 1973, this fight between the executive and judiciary became very popular. in 1973, the court gave
a decision that became very famous as keshavananda Bharati case. The court said that there is a basic structure of constitution which
cannot be amended or violated by the executive. And it also said that right to property is not the basic structure of constitution and
therefore, the right to property can be amended to bring public welfare. Nad secondly it also said that it is the ONLY court that will decide what
is the basic structure of the constitution.
Q34. What are the problems currently faced by our judiciary?
Ans: The problems currently faced by our judiciary are:
1.Corruption
2.Delay in giving judgments
3. Witnesses turning hostile: that means witnesses not giving true account of circumstances
4.Lack of staff
5.Overburdening of cases
6.No transparency among judges
7. Only wealthy and influential can approach courts
Q35. How has our constitution maintained the division of powers?
Ans: Our constitution has provided a system of balance of power. no organ of government can claim supremacy.
Each organ has clear functioning. Parliament is supreme in law-making
and amending the constitution. And executive is supreme in implementing them. while the judiciary is supreme
in settling disputes and deciding whether laws have been made by the principles of the constitution.
Q36. Give a few examples where the judiciary has become active in political cases?
Ans: Judiciary has given directions to CBI to initiate investigations against politicians and bureaucrats in the hawala case, Narasimha Rao case, Chidambaram case and Illegal allotment of petrol pumps case
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