Class 11 Political Science: Judiciary — Chapter Question Set

a) Indian Constitution — The textbook states: 124 Indian Constitution at Work Chapter Six JUDICIARY INTRODUCTION Many times, courts are seen only as arbitrators in disputes between individuals or private parties.

d) India — The textbook states: The Supreme Court of India is in fact, one of the very powerful courts in the world.

c) 1950 — The textbook states: Right from 1950 the judiciary has played an important role in interpreting and in protecting the Constitution.

b) importance of the judiciary — The textbook states: In this chapter you will study the role and importance of the judiciary.

a) very important for protecting our rights — The textbook states: In the chapter on fundamental rights you have already read that the judiciary is very important for protecting our rights.

d) Indian Judiciary — The textbook states: After studying this chapter, you would be able to understand /rhombbutton2the meaning of independence of judiciary; /rhombbutton2the role of Indian Judiciary in protecting our rights; /rhombbutton2the role of the Judiciary in interpreting the Constitution; and /rhombbutton2the relationship between the Judiciary and the Parliament of India.

c) Chapter — The textbook states: 125 Chapter 6: Judiciary WHY DO WE NEED AN INDEPENDENT JUDICIARY?

b) bound to arise between individuals — The textbook states: In any society, disputes are bound to arise between individuals, between groups and between individuals or groups and government.

a) of rule of law — The textbook states: All such disputes must be settled by an independent body in accordance with the principle of rule of law.

d) subjected to the same law — The textbook states: This idea of rule of law implies that all individuals — rich and poor, men or women, forward or backward castes — are subjected to the same law.

c) to protect rule of law and ensure supremacy o — The textbook states: The principal role of the judiciary is to protect rule of law and ensure supremacy of law.

b) individual or group dictatorship — The textbook states: It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship.

a) necessary that the judiciary is independent o — The textbook states: In order to be able to do all this, it is necessary that the judiciary is independent of any political pressures.

d) Judiciary Simply — The textbook states: Independence of Judiciary Simply stated independence of judiciary means that ± the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.

c) decision of the judiciary — The textbook states: ± the other organs of the government should not interfere with the decision of the judiciary.

b) without fear or favour — The textbook states: ± judges must be able to perform their functions without fear or favour.

a) or absence of accountability — The textbook states: Independence of the judiciary does not imply arbitrariness or absence of accountability.

d) a part of the democratic political structure — The textbook states: Judiciary is a part of the democratic political structure of the No fisticuffs please, this is rule of law!

c) CARTOON — The textbook states: READ A CARTOON R K Laxman in The Times of India.

b) be provided and protected? — The textbook states: How can the independence of judiciary be provided and protected?

a) a number of measures — The textbook states: The Indian Constitution has ensured the independence of the judiciary through a number of measures.

d) not involved in the process of appointment of — The textbook states: The legislature is not involved in the process of appointment of judges.

c) believed that party politics would not play a — The textbook states: Thus, it was believed that party politics would not play a role in the process of appointments.

b) well versed in law — The textbook states: In order to be appointed as a judge, a person must have experience as a lawyer and/or must be well versed in law.

a) for appointments to judiciary — The textbook states: Political opinions of the person or his/ her political loyalty should not be the criteria for appointments to judiciary.

d) the age of retirement — The textbook states: They hold office till reaching the age of retirement.

c) judges may be removed — The textbook states: Only in exceptional cases, judges may be removed.

b) fear or favour — The textbook states: Security of tenure ensures that judges could function without fear or favour .

a) for removal of judges — The textbook states: The Constitution prescribes a very difficult procedure for removal of judges.

d) the members of judiciary — The textbook states: The Constitution makers believed that a difficult procedure of removal would provide security of office to the members of judiciary.

c) not financially dependent on either the execu — The textbook states: The judiciary is not financially dependent on either the executive or legislature.

b) not subjected to the approval of the legislat — The textbook states: The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature.

a) immune from personal criticisms — The textbook states: The actions and decisions of the judges are immune from personal criticisms.

d) found guilty of contempt of court — The textbook states: The judiciary has the power to penalise those who are found guilty of contempt of court.

c) seen as an effective protection to the judges — The textbook states: This authority of the court is seen as an effective protection to the judges from unfair criticism.

b) being carried out — The textbook states: Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge is being carried out.

a) fear of being criticised — The textbook states: This gives the judiciary independence to adjudicate without fear of being criticised.

d) Machal — The textbook states: I remember the case of Machal mentioned in chapter two.

c) justice denied’? — The textbook states: Don’t they say, ‘justice delayed is justice denied’?

b) Chapter — The textbook states: 127 Chapter 6: Judiciary Activity Hold a debate in class on the following topic.

a) in giving their rulings? — The textbook states: Which of the following factors do you think, work as constraints over the judges in giving their rulings?

d) Constitution — The textbook states: ± Constitution ± Precedents ± Opinion of other courts ± Public opinion ± Media ± Traditions of law ± Laws ± Time and staff constraints ± Fear of public criticism ± Fear of action by executive Appointment of Judges The appointment of judges has never been free from political controversy.

c) Supreme Court — The textbook states: It makes a difference who serves in the Supreme Court and High Court— a difference in how the Constitution is interpreted.

b) of the legislations enacted — The textbook states: The political philosophy of the judges, their views about active and assertive judiciary or controlled and committed judiciary have an impact on the fate of the legislations enacted.

a) Ministers — The textbook states: Council of Ministers, Governors and Chief Ministers and Chief Justice of India — all influence the process of judicial appointment.

d) Chief Justice — The textbook states: As far as the appointment of the Chief Justice of India (CJI) is concerned, over the years, a convention had developed whereby the senior-most judge of the Supreme Court was appointed as the Chief Justice of India.

c) CJI — The textbook states: Ray was appointed as CJI superseding three senior Judges.

b) Prime Minister — The textbook states: In a democracy, you can criticise the Prime Minister or even the President, but not the judges!

a) asked about these matters? — The textbook states: But am I being guilty of contempt if I asked about these matters?

d) Indian Constitution — The textbook states: 128 Indian Constitution at Work The other Judges of the Supreme Court and the High Court are appointed by the President after ‘consulting’ the CJI.

As far as the appointment of the Chief Justice of India (CJI) is concerned, over the years, a convention had developed whereby the senior-most judge of the Supreme Court was appointed as the Chief Justice of India. Finally, the Supreme Court has come up with a novel procedure: it has suggested that the Chief Justice should recommend names of persons to be appointed in consultation with four senior-most judges of the Court. In 1992, a year after Parliament had started the removal proceedings, a high-profile inquiry commission consisting of Judges of the Supreme Court found Justice V .

Independence of Judiciary Simply stated independence of judiciary means that ± the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice. Independence of the judiciary does not imply arbitrariness or absence of accountability. Check your progress /rhombbutton2Why is independence of the judiciary important?

After studying this chapter, you would be able to understand /rhombbutton2the meaning of independence of judiciary; /rhombbutton2the role of Indian Judiciary in protecting our rights; /rhombbutton2the role of the Judiciary in interpreting the Constitution; and /rhombbutton2the relationship between the Judiciary and the Parliament of India. The Indian Constitution has ensured the independence of the judiciary through a number of measures. 139 Chapter 6: Judiciary Together these two provisions of the Constitution establish the Supreme Court as the protector of fundamental rights of the citizen on the one hand and interpreter of Constitution on the other.

So far , only one case of removal of a judge of the Supreme Court came up for consideration before Parliament. the Supreme Court shall have power to review any judgment pronounced or order made by it. However, the fact that India has a written constitution and the Supreme Court can strike down a law that goes against fundamental rights, implicitly gives the Supreme Court the power of judicial review.

Thus, in matters of appointment to the judiciary, the Supreme Court and the Council of Ministers play an important role. Appellate jurisdiction means that the Supreme Court will reconsider the case and the legal issues involved 133 Chapter 6: Judiciary in it. If the Court thinks that the law or the Constitution has a different meaning from what the lower courts understood, then the Supreme Court will change the ruling and along with that also give new interpretation of the provision involved.

This matter came up before the Supreme Court again and again between 1982 and 1998. So far , only one case of removal of a judge of the Supreme Court came up for consideration before Parliament. In this capacity, the Supreme Court not just settles disputes but also interprets the powers of Union and State government as laid down in the Constitution.

Which of the following factors do you think, work as constraints over the judges in giving their rulings? Appellate Tries appeals from lower courts in Civil, Criminal and Constitutional cases Advisory Advises the President on matters of public importance and law Writ: Can issue writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto to protect the Fundamental Rights of the individual. Check your progress Match the following Dispute between State of Bihar and Union of India will be heard by Appeal from District court of Haryana will go to Single Integrated Judiciary Declaring a law unconstitutional JUDICIAL ACTIVISM Have you heard of the term judicial activism?

Appellate Jurisdiction The Supreme Court is the highest court of appeal. Advisory Jurisdiction In addition to original and appellate jurisdiction, the Supreme Court of India possesses advisory jurisdiction also. Check your progress Match the following Dispute between State of Bihar and Union of India will be heard by Appeal from District court of Haryana will go to Single Integrated Judiciary Declaring a law unconstitutional JUDICIAL ACTIVISM Have you heard of the term judicial activism?

High Court Advisory Jurisdiction Judicial review Original Jurisdiction Supreme Court Single Constitution 135 Chapter 6: Judiciary The chief instrument through which judicial activism has flourished in India is Public Interest Litigation (PIL) or Social Action Litigation (SAL). Delhi Administration (1980) also became one of the pioneers of public interest litigation. Activity Find out the details about at least one case involving a PIL and study the way in which that case helped in serving public interest.

Check your progress Match the following Dispute between State of Bihar and Union of India will be heard by Appeal from District court of Haryana will go to Single Integrated Judiciary Declaring a law unconstitutional JUDICIAL ACTIVISM Have you heard of the term judicial activism? Secondly, judicial activism has blurred the line of distinction between the executive and legislature on the one hand and the judiciary on the other. Thus, for I think judicial activism is more about telling the legislature and the executive what they should do.

This opened the gates for large number of cases where public spirited citizens and voluntary organisations sought judicial intervention for protection of existing rights, betterment of life conditions of the poor, READ A CARTOON Do you know that in recent times the judiciary has ruled that bandhs and hartals are illegal? Secondly, through PIL and judicial activism of the post-1980 period, the judiciary has also shown readiness to take into consideration rights of those sections who I have heard someone say that PIL means ‘private interest litigation’. However, the fact that India has a written constitution and the Supreme Court can strike down a law that goes against fundamental rights, implicitly gives the Supreme Court the power of judicial review.

124 Indian Constitution at Work Chapter Six JUDICIARY INTRODUCTION Many times, courts are seen only as arbitrators in disputes between individuals or private parties.

But judiciary performs some political functions also.

Judiciary is an important organ of the government.

The Supreme Court of India is in fact, one of the very powerful courts in the world.

Right from 1950 the judiciary has played an important role in interpreting and in protecting the Constitution.

In this chapter you will study the role and importance of the judiciary.

In the chapter on fundamental rights you have already read that the judiciary is very important for protecting our rights.

After studying this chapter, you would be able to understand /rhombbutton2the meaning of independence of judiciary; /rhombbutton2the role of Indian Judiciary in protecting our rights; /rhombbutton2the role of the Judiciary in interpreting the Constitution; and /rhombbutton2the relationship between the Judiciary and the Parliament of India.

125 Chapter 6: Judiciary WHY DO WE NEED AN INDEPENDENT JUDICIARY?

In any society, disputes are bound to arise between individuals, between groups and between individuals or groups and government.

All such disputes must be settled by an independent body in accordance with the principle of rule of law.

This idea of rule of law implies that all individuals — rich and poor, men or women, forward or backward castes — are subjected to the same law.

The principal role of the judiciary is to protect rule of law and ensure supremacy of law.

It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship.

124 Indian Constitution at Work Chapter Six JUDICIARY INTRODUCTION Many times, courts are seen only as arbitrators in disputes between individuals or private parties. 124 Indian Constitution at Work Chapter Six JUDICIARY INTRODUCTION Many times, courts are seen only as arbitrators in disputes between individuals or private parties. But judiciary performs some political functions also. Judiciary is an important organ of the government.

But judiciary performs some political functions also. 124 Indian Constitution at Work Chapter Six JUDICIARY INTRODUCTION Many times, courts are seen only as arbitrators in disputes between individuals or private parties. But judiciary performs some political functions also. Judiciary is an important organ of the government. The Supreme Court of India is in fact, one of the very powerful courts in the world.

Judiciary is an important organ of the government. But judiciary performs some political functions also. Judiciary is an important organ of the government. The Supreme Court of India is in fact, one of the very powerful courts in the world. Right from 1950 the judiciary has played an important role in interpreting and in protecting the Constitution.

The Supreme Court of India is in fact, one of the very powerful courts in the world. Judiciary is an important organ of the government. The Supreme Court of India is in fact, one of the very powerful courts in the world. Right from 1950 the judiciary has played an important role in interpreting and in protecting the Constitution. In this chapter you will study the role and importance of the judiciary.

Right from 1950 the judiciary has played an important role in interpreting and in protecting the Constitution. The Supreme Court of India is in fact, one of the very powerful courts in the world. Right from 1950 the judiciary has played an important role in interpreting and in protecting the Constitution. In this chapter you will study the role and importance of the judiciary. In the chapter on fundamental rights you have already read that the judiciary is very important for protecting our rights.

In this chapter you will study the role and importance of the judiciary. Right from 1950 the judiciary has played an important role in interpreting and in protecting the Constitution. In this chapter you will study the role and importance of the judiciary. In the chapter on fundamental rights you have already read that the judiciary is very important for protecting our rights. After studying this chapter, you would be able to understand /rhombbutton2the meaning of independence of judiciary; /rhombbutton2the role of Indian Judiciary in protecting our rights; /rhombbutton2the role of the Judiciary in interpreting the Constitution; and /rhombbutton2the relationship between the Judiciary and the Parliament of India.

In the chapter on fundamental rights you have already read that the judiciary is very important for protecting our rights. In this chapter you will study the role and importance of the judiciary. In the chapter on fundamental rights you have already read that the judiciary is very important for protecting our rights. After studying this chapter, you would be able to understand /rhombbutton2the meaning of independence of judiciary; /rhombbutton2the role of Indian Judiciary in protecting our rights; /rhombbutton2the role of the Judiciary in interpreting the Constitution; and /rhombbutton2the relationship between the Judiciary and the Parliament of India. 125 Chapter 6: Judiciary WHY DO WE NEED AN INDEPENDENT JUDICIARY?