Loading PDF...
Chapter Analysis
Intermediate24 pages • EnglishQuick Summary
The chapter titled 'Judiciary' explores the significant role of the judiciary in the Indian democratic setup, emphasizing its independence, functions, and relationship with the other branches of government. It discusses the judiciary's freedom from political pressures, its role in protecting fundamental rights, and its power to review laws and acts from the executive and legislative branches. The chapter also addresses the concept of judicial activism and the balance of power between judicial and parliamentary authority.
Key Topics
- •Independence of Judiciary
- •Judicial Review
- •Judicial Activism
- •Public Interest Litigation (PIL)
- •Separation of Powers
- •Hierarchy of Courts
- •Appointments and Removal of Judges
Learning Objectives
- ✓Understand the importance of an independent judiciary
- ✓Explain how the judiciary protects fundamental rights
- ✓Learn about the powers and functioning of the Supreme Court
- ✓Comprehend the significance of judicial activism and PILs
- ✓Identify the balance of power between the judiciary and other branches
Questions in Chapter
What are the different ways in which the independence of the judiciary is ensured? Choose the odd ones out.
Page 146
Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.
Page 146
What are the different provisions in the constitution in order to maintain the independence of judiciary?
Page 146
Read the news report below and identify the following aspects: What is the case about? Who has been the beneficiary in the case? Who is the petitioner in the case? Visualise what would have been the different arguments put forward by the company. What arguments would the farmers have put forward?
Page 147
Additional Practice Questions
Explain the concept of judicial activism. How has it impacted the balance of power among the branches of government in India?
mediumAnswer: Judicial activism refers to the proactive role played by the judiciary in protecting the rights of individuals and filling the gaps where legislature and executive have not acted effectively. In India, it has expanded the scope of fundamental rights, enabled public interest litigation, and sometimes blurred the line between the judiciary and other branches, thereby impacting the balance of power.
How does the judiciary in India maintain its independence from the other branches of government?
mediumAnswer: The independence of the judiciary in India is maintained through several measures: the process of appointing judges is free from legislative or executive interference, judges have fixed tenure and are not easily removable, their salaries and allowances are not subjected to legislative approval, and their actions are protected from criticism by the contempt of court mechanisms.
Discuss the role of the Supreme Court in protecting fundamental rights in India.
easyAnswer: The Supreme Court acts as a guardian of fundamental rights by employing its powers to issue writs under Article 32 and reviewing laws that may infringe upon these rights. It utilizes judicial review, which allows it to declare laws unconstitutional if they contravene constitutional provisions.
How does the concept of separation of powers apply to the judiciary in India?
mediumAnswer: The separation of powers in India ensures that legislative, executive, and judicial functions remain distinct, with checks and balances. The judiciary interprets laws without interference from the other branches and has the authority to review their actions.
What issues can arise from the judiciary's authority to review constitutional amendments?
hardAnswer: The judiciary’s power to review constitutional amendments can lead to tensions between the parliament and judiciary, particularly when interpreting what constitutes the 'basic structure' of the Constitution, a doctrine that limits Parliament's power to amend fundamental principles.