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NCERT Class 11 Political Science Chapter 6 Judiciary
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Judiciary
Chapter: 6
| (PART-A) INDIAN CONSTITUTION AT WORK |
| TEXT BOOK QUESTIONS ANSWER |
1. What are the different ways in which the independence of the judiciary is ensured? Choose the odd ones out.
(i) Chief Justice of the Supreme Court is consulted in the appointment of other judges of the Supreme Court.
(ii) Judges are generally not removed before the age of retirement.
(iii) Judge of a High Court cannot be transferred to another High Court.
(iv) Parliament has no say in the appointment of judges.
Ans: The ways in which the independence of the judiciary is ensured are-
(ii) The judges have a fixed tenure. They cannot not be removed before the age of retirement.
(iii) No party politics would play a role in the process of appointing judges. Parliament has no say in the appointment of judges.
The odd ones out are (i) and (iii).
2. Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.
Ans: The legislature and the executive must not obstruct the ways of the judiciary in a manner that is unable to take a just decision. The other organs of the government must not interfere with the decision of the judiciary. The judges must not be able to perform their duties freely and fairly. This ensures impartiality and fairness in adjudicating disputes and upholding the rule of law. Accountability in this context often refers to judicial decisions being subject to scrutiny for adherence to legal standards and constitutional principles, rather than political or personal interests. Therefore, while judges must be independent in their decision-making, they are still accountable to the law, legal principles, and the public trust in their impartiality. The judges have to give a written explanation on the grounds of their decision made in the court. They cannot rule one way today and the opposite tomorrow in the same case. The judiciary cannot interfere in the sphere of legislature and executive. The system has to function independently while having accountability to the Constitution.
3. What are the different provisions in the Constitution in order to maintain the independence of the judiciary?
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What are the provisions in the Indian Constitution that ensure the Independence of Judiciary in India?
Ans: Meaning of Independence of Judiciary: In other words, an independent judiciary is a political principle that states that the judiciary should interpret the law and the Constitution of the respective country while being completely free from the influence of other branches of government, political parties or public opinion or any partisan interests.
Provisions: A constitutional provision refers to a specific rule or clause included in the United States Constitution that outlines the powers, rights, and responsibilities of the government.
(i) Appointment of Judges: The commission nominates three men for each judicial vacancy. The governor must appoint one of the three. At the first election after the new judge has served for twelve months, his name is put on the ballot with the question whether he should be retained in oflice.
(ii) Fixed Tenure: The prime minister serves at ‘the pleasure of the president’, hence, a prime minister may remain in office indefinitely, so long as the president has confidence in him/her. However, a prime minister must have the confidence of Lok Sabha, the lower house of the Parliament of India.
(iii) Financial Independence: Achieving financial independence gives freedom to make the best use of time to pursue life’s goals and dreams, or help the citizens of the community to lead a life with purpose.
(iv) Immunity from Criticism: At the international level, immunity is a tool that protects the sovereignty and independence of States by preventing them or their agents from being prosecuted before foreign courts.
(v) Contempt of Court: Contempt of court is a legal violation committed by an individual who disobeys a judge or otherwise disrupts the legal process in the courtroom. Contempt of court is broadly classified into two categories: criminal vs. civil and direct vs. indirect.
(vi) No Discussion on the conduct of Judges in Parliament: In parliamentary systems like India, the Executive and Legislature are interdependent. The Judiciary acts as a vital check, upholding the Rule of Law and protecting against power abuses, ensuring a balanced democratic system.
4. Read the news report below and identify the following aspects-
(i) What is the case about?
(ii) Who has been the beneficiary in the case?
(iii) Who is the petitioner in the case?
(iv) Visualise what would have been the different arguments put forward by the company?
(v) What arguments would the farmers have put forward?
The Supreme Court orders REL to pay Rs. 300 crore to Dahanu farmers- Our Corporate Bureau 24 March, 2005.
Mumbai- The Supreme Court has ordered Reliance Energy to pay Rs. 300 crores to farmers who grow the chikoo fruit in the Dahanu area outside Mumbai. The order comes after the chikoo growers petitioned the court against the pollution caused by Reliance’s thermal power plant.
Dahanu which is 150 km from Mumbai, was a self-sustaining agricultural and horticultural economy known for its fisheries and forests just over a decade ago, but was devastated in 1989 when a thermal power plant came into operation in the region. The next year, this fertile belt saw its first crop failure. Now 70 per cent of the crop of what was once the fruit bowl of Maharashtra is gone. The fisheries have shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered ground water and polluted the entire ecosystem. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, and in spite of a Supreme Court order backing the order the pollution control plant was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for installation process in 2004. As the pollution control plant is still not set up, the Dahanu Taluka Environmental Protection Authority asked Reliance for a bank guarantee of Rs. 300 crores.
Ans: (i) This is a case of pollution by the Reliance thermal power plant.
(ii) The farmers have been the beneficiary in this case.
(iii) The chikoo growers of Dahanu are the petitioners in this case.
(iv) The main contention of the Dahanu Taluka Environment Protection Authority and the Supreme Court was about the setting up of the pollution control unit. Reliance acquired the plant only in 2003, so it would have pleaded for the further extension of the time limit for the setting up of the pollution control unit. I would have also argued that the pollution was not wholly of its making as it had acquired the plant in 2003. Accordingly it would have argued for the reduction in the penalty.
(v) The farmers might have argued that since Reliance had failed in its commitment to install the pollution control unit in 2004, it did not have intentions to do it. So it must be penalised more.
5. Read the following news report and-
(i) Identify the governments at different levels.
(ii) Identify the role of the Supreme Court.
(iii) What elements of the working of judiciary and executive can you identify in it?
(iv) Identify the policy issues, matters related to legislation, implementation and interpretation of the law involved in this case.
Centre-Delhi joins hands on CNG issue- By our Staff Reporter, The Hindu 23 September, 2001
New Delhi Sept. 22. The Centre and the Delhi Government today agreed to jointly approach the Supreme Court this coming week…. for phasing out all non-CNG commercial vehicles in the Capital. They also decided to seek a dual fuel policy for the city instead of putting the entire transportation system on the single-fuel mode “which was full of dangers and would result in disaster”.
It was also decided to discourage the use of CNG by private vehicle owners in the Capital. Both governments would press for allowing the use of 0.05 per cent low sulphur diesel for running of buses in the Capital. In addition, it would be pleaded before the Court that all commerical vehicles, which fulfil the Euro-II standards, should be allowed to ply in the city. Though both the Centre and the State would file separate affidavits, these would contain common points. The Centre would also go out and support the Delhi Government’s stand on the issues concerning CNG.
These decisions were taken at a meeting between the Delhi Chief Minister, Ms. Sheila Dikshit and the Union Petroleum and Natural Gas Minister, Mr. Ram Naik.
Ms. Dikshit said the Central Government would request the Court that in view of the high powered committee appointed under, Dr. R. A. Mashelkar, to suggest an “Auto Fuel Policy” for the entire country, it would be appropriate to extend the deadline as it was not possible to convert the entire 10000 odd bus fleet into CNG during the prescribed time frame. The Mashelkar Committee is expected to submit its report within a period of six months.
The Chief Minister said time was required to implement the court directives. Referring to the coordinated approach on the issue, Ms. Dikshit said this would take into account the details about the number of vehicles to be run on CNG, eliminating long queues outside CNG filling stations, the CNG fuel requirements of Delhi and the ways and means to implement the directive of the court.
The Supreme Court had……refused to relax the only CNG norm for the city’s buses but said it had never insisted on CNG for taxis and auto rickshaws. Mr. Naik said the Centre would insist on allowing use of low sulphur diesel for buses in Delhi as putting the entire transportation system dependent on CNG could prove to be disastrous. The Capital relied on pipeline supply for CNG and any disruption would throw the public transport system out of gear.
Ans: (i) The Central Government and the Delhi Government.
(ii) The role of the Supreme Court is to see whether the government policies and actions at central as well as states are in tune with the parameters of the pollution control regimes or not. If not it has to see that the governments comply with these parameters. It is in these regards that the Supreme Court had asked for phasing out all non-CNG commercial vehicles on Sept. 22, 2001 within a week. Keeping in view the difficulties in implementing it, the Supreme Court later gave a breather to the government that it had never insisted on CNG for taxis and auto rickshaws but it refused to relax the only CNG norm for city’s buses.
(ii) This episode shows the judicial activism of the Courts. The Supreme Court was concerned about the environmental degradation in the city. To stop the decaying Court directed the Delhi Government to phase out all non-CNG Commercial vehicles in a week. It is the duty of the government to ensure a pollution free environment. Here check and balance was also operating between the executive and the judiciary. The judiciary has to see that the government does not bypass its commitments. The Contempt of Court may follow if the government is not able to comply with the direction of the Supreme Court.
(iv) Due to this report it is necessary to remove pollution. All the commercial vehicles who fulfil Euro-2 are allowed to run in the city. Government wants to increase the time period to convert its fleet of 10,000 buses into CNG.
6. The following is a statement about Ecuador. What similarities or differences do you find between this example and the judicial system in India?
“It would be helpful if a body of common law or judicial precedent existed that could clarify a journalist’s rights. Unfortunately, Ecuador’s courts don’t work that way. Judges are not forced to respect the rulings of higher courts in previous cases. Unlike the US, an appellate judge in Ecuador (or elsewhere in South America, for that matter) need not provide a written decision explaining the legal basis of a ruling. A judge may rule one way today and the opposite way, in a similar case, tomorrow, without explaining why.”
Ans: Following are the similarities and differences between the judicial system of Ecuador and India:
(i) Unlike the judges in Ecuador, Indian judges have to follow the instructions and rulings of higher courts in previous cases.
(ii) Like Ecuador, in India also a judge may rule one way today and the opposite way in a similar case tomorrow, without explaining why.
(iii) An Indian judge may not rule one way today and the other way tomorrow in the same case and he has to give an explanation of the decision of every ruling in written form.
7. Read the following statements. Match them with the different jurisdictions the Supreme Court can exercise-Original, Appellate and Advisory.
(i) The government wanted to know if it can pass a law about the citizenship status of residents of Pakistan-occupied areas of Jammu and Kashmir.
(ii) In order to resolve the dispute about river Cauvery the government of Tamil Nadu wants to approach the court.
(iii) Court rejected the appeal by people against the eviction from the dam site.
Ans: Original Jurisdiction means cases that can be directly considered by the Supreme Court without going to the lower courts before that. Appellate Jurisdiction means that the Supreme Court is the highest court of appeal. A person can appeal to the Supreme Court against the decisions of the High Courts. However, the High Court must certify that the case is fit for appeal. The Advisory Jurisdiction means that the President can refer to any matter that is of public importance but the President is not bound to accept such advice. Now we match them with the different jurisdictions as given in the question.
(i) Advisory jurisdiction: The government wanted to know if it can pass a law about the citizenship status of residents of Pakistan-occupied areas of Jammu and Kashmir. The Supreme Court provides advice on legal issues to the government.
(ii) Original jurisdiction: In order to resolve the dispute about the Cauvery the government of Tamil Nadu wants to approach the court.The Supreme Court has the power to hear disputes between states or between a state and the Union government.
(iii) Appellate jurisdiction: Court rejected the appeal by people against the eviction from the dam site. The Supreme Court hears appeals against decisions of lower courts.
8. In what way can Public Interest Litigation help the poor?
Ans: Public Interest Litigation (PIL) means a case or petition filed before a court to protect, safeguard or enforce public interest. Public interest means the interest or right belonging to the society, a particular class of the community or a group of people. PILs are filed to resolve a problem affecting the legal rights of a community or the public at large. PILs are filed in the courts to safeguard group interests, not individual interests. It can be filed only in the Supreme Court of India or the State High Courts. PILs have become a powerful tool to enforce the legal obligation of the legislature and executive. The primary objective behind PILs is to provide justice to all and promote the welfare of the people.
9. Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?
Ans: Judicial Activism helps the judiciary to keep a check on the misuse of power by the state government when it interferes and harms the residents. In the issue of majority, it helps address problems hastily where the legislature gets stuck in taking decisions. Some of the disadvantages of judicial activism include the following: Judges may go beyond their role and make decisions based on personal opinions instead of the law itself. Judicial activism might interfere with the democratic process. It allows judges to make decisions instead of elected representatives. Through Judicial activism, Judiciary is interfering in those matters which belong to legislature and executive. It has affected the efficiency of the administration.
For efficient and good administration, it is essential that the three organs of government function within their own area and one should not interfere in the work of other organs.
10. How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?
Ans: Some rights like right to freedom of the press, right to information, & right to education are derived from the Fundamental Rights. Judicial activism is related to the defence of fundamental rights since it has allowed cases involving the rights violations of the underprivileged and common people to be heard in courts. This supports justice-seeking by common people.
(i) It can declare some laws unconstitutional and issue writs of habeas corpus, mandamus, etc. to restore fundamental rights.
(ii) The PIL aids the underprivileged in their struggle against prejudice. Yes, it has helped to broaden the definition of basic rights.
(iii) For instance, everyone in society has the right to clean air, unpolluted water, a good standard of living, etc. Social workers or any spirited citizen may file a PIL on behalf of the harmed whenever such rights are violated.
