11 NCERT CBSE Political Science
Chapter 6 JUDICIARY
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Theme Analysis
Main ThemeThe Indian Judiciary: Its Structure, Powers, and Independence
Subject CategoryIndian Polity
Key Concepts
Question FocusThe questions focus on conceptual understanding of the Indian judicial system, its mechanisms for ensuring independence, the specific jurisdictions of the Supreme Court, the evolution and impact of judicial activism, and the dynamic relationship between the judiciary and other government organs as described in the text. Questions cover various Bloom's Taxonomy levels and target high school students.
Which of the following is identified as the principal role of the judiciary in any society?
Hint: Think about the fundamental function of courts in upholding legal principles.
Answer
The principal role of the judiciary is to protect the rule of law and ensure the supremacy of law, safeguarding individual rights and settling disputes.
Explanation
The text states, '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.' Options A, C, and D describe functions typically associated with the executive, legislature, or diplomatic entities, not the primary role of the judiciary.
What does 'independence of judiciary' primarily mean according to the text?
Hint: Consider the relationship between the judiciary and the other two branches of government.
Answer
Independence of judiciary means that other government organs should not restrain judicial functioning or interfere with its decisions, allowing judges to perform without fear or favour.
Explanation
The text defines independence of judiciary as: '± 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. ± the other organs of the government should not interfere with the decision of the judiciary. ± judges must be able to perform their functions without fear or favour.' It also clarifies that independence does not imply arbitrariness or absence of accountability.
Which of the following measures is NOT used to ensure the independence of the judiciary in India, as per the text?
Hint: Think about how the financial aspect contributes to independence.
Answer
The Constitution provides that judges' salaries and allowances are NOT subject to legislative approval, ensuring financial independence.
Explanation
The text explicitly states: 'The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature.' This measure is designed to ensure financial independence. Options A, B, and D are all described as measures taken to ensure judicial independence.
A judge is found guilty of contempt of court. What power does the judiciary have to protect itself from unfair criticism in such a scenario, according to the text?
Hint: Recall the specific authority mentioned that guards judges from unwarranted attacks.
Answer
The judiciary has the authority to penalise those found guilty of contempt of court, which is an effective protection against unfair criticism.
Explanation
The text states: 'The judiciary has the power to penalise those who are found guilty of contempt of court. This authority of the court is seen as an effective protection to the judges from unfair criticism.' This directly addresses the scenario.
While independent, to whom is the Indian judiciary accountable, as per the democratic political structure described?
Hint: Consider the foundational principles of a democratic system and the supreme legal document.
Answer
The judiciary is accountable to the Constitution, democratic traditions, and the people of the country.
Explanation
The text clarifies that 'Independence of the judiciary does not imply arbitrariness or absence of accountability. Judiciary is a part of the democratic political structure of the country. It is therefore accountable to the Constitution, to the democratic traditions and to the people of the country.'
Historically, what convention developed regarding the appointment of the Chief Justice of India (CJI)?
Hint: Recall the traditional practice mentioned for the top judicial position.
Answer
A convention developed where the senior-most judge of the Supreme Court was appointed as the Chief Justice of India.
Explanation
The text 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.' It then notes this convention was broken twice.
How did the Supreme Court establish the principle of collegiality in making recommendations for judicial appointments?
Hint: Look for the modern procedure involving a group of judges.
Answer
The Supreme Court suggested that the Chief Justice should recommend names in consultation with four senior-most judges of the Court, establishing collegiality.
Explanation
The text explains: '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. Thus, the Supreme Court has established the principle of collegiality in making recommendations for appointments.'
The procedure for removing a Supreme Court or High Court judge is described as 'very difficult'. What is a key reason for this difficulty, as implied by the text?
Hint: Consider the parliamentary requirement for such a motion.
Answer
The difficult procedure for removal involves a motion approved by a special majority in both Houses of Parliament, ensuring security of office and preventing easy removal.
Explanation
The text states: 'The Constitution prescribes a very difficult procedure for removal of judges. The Constitution makers believed that a difficult procedure of removal would provide security of office to the members of judiciary.' It further elaborates: 'A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament... unless there is a general consensus among Members of the Parliament, a judge cannot be removed.'
What type of judicial system does the Constitution of India provide for?
Hint: Think about how courts across India are connected.
Answer
The Constitution of India provides for a single integrated judicial system.
Explanation
The text clearly states: 'The Constitution of India provides for a single integrated judicial system. This means that unlike some other federal countries of the world, India does not have separate State courts.'
In the pyramidal structure of the Indian judiciary, which courts function under the direct superintendence of the higher courts?
Hint: Consider the hierarchy described for the judicial system.
Answer
The lower courts, including District and Subordinate courts, function under the direct superintendence of the higher courts.
Explanation
The text describes the structure as 'pyramidal with the Supreme Court at the top, High Courts below them and district and subordinate courts at the lowest level.' It then adds, 'The lower courts function under the direct superintendence of the higher courts.'
Which jurisdiction allows the Supreme Court to settle disputes between the Union and States, and amongst States?
Hint: This jurisdiction deals with cases that come directly to the Supreme Court without prior hearing in lower courts.
Answer
The Original Jurisdiction of the Supreme Court allows it to settle disputes between the Union and States and amongst States.
Explanation
The text defines Original Jurisdiction as 'cases that can be directly considered by the Supreme Court without going to the lower courts before that.' It specifically states that 'cases involving federal relations go directly to the Supreme Court' and that it 'settles disputes between Union and States and amongst States.'
If an individual's fundamental right has been violated, which jurisdiction allows them to directly move the Supreme Court for a remedy?
Hint: Think about the specific legal instruments the Supreme Court can issue to protect fundamental rights.
Answer
Writ Jurisdiction allows an individual to directly move the Supreme Court for a remedy when their fundamental right has been violated, as the Supreme Court can issue special orders (writs).
Explanation
The text states: 'As you have already studied in the chapter on fundamental rights, any individual, whose fundamental right has been violated, can directly move the Supreme Court for remedy. The Supreme Court can give special orders in the form of writs.'
What is the primary function of the Supreme Court under its Appellate Jurisdiction?
Hint: Recall the meaning of 'appellate' in a legal context.
Answer
Under its Appellate Jurisdiction, the Supreme Court is the highest court of appeal, hearing appeals from lower courts in various types of cases.
Explanation
The text describes Appellate Jurisdiction as: 'The Supreme Court is the highest court of appeal. A person can appeal to the Supreme Court against the decisions of the High Court.' The table also lists it as 'Tries appeals from lower courts in Civil, Criminal and Constitutional cases'.
What is the two-fold utility of the Supreme Court's Advisory Jurisdiction, even though its advice is not binding on the President?
Hint: Consider why a government might still ask for advice even if it's not strictly enforceable.
Answer
The utility is two-fold: it allows the government to seek legal opinion to prevent unnecessary litigations and to make suitable changes in actions or legislations based on the advice.
Explanation
The text explains the utility of advisory powers: 'In the first place, it allows the government to seek legal opinion on a matter of importance before taking action on it. This may prevent unnecessary litigations later. Secondly, in the light of the advice of the Supreme Court, the government can make suitable changes in its action or legislations.'
According to Article 137, what power does the Supreme Court possess regarding its own judgments?
Hint: Refer to the specific article quoted in the text about the Supreme Court's own decisions.
Answer
Article 137 grants the Supreme Court the power to review any judgment pronounced or order made by it.
Explanation
The text explicitly quotes Article 137: '...the Supreme Court shall have power to review any judgment pronounced or order made by it.' This means the Supreme Court is not bound by its own decisions and can review them.
What is the key difference between a normal course of law and Public Interest Litigation (PIL) regarding who can approach the courts?
Hint: Consider who has 'locus standi' (the right to bring an action) in each type of litigation.
Answer
In normal law, an individual can approach courts only if personally aggrieved; in PIL, cases can be filed by others on behalf of aggrieved persons or for public interest.
Explanation
The text explains: 'In normal course of law, an individual can approach the courts only if he/she has been personally aggrieved... This concept underwent a change around 1979... where the case was filed not by the aggrieved persons but by others on their behalf.' This is the essence of PIL.
Which of the following became the most important vehicle of judicial activism in India?
Hint: Recall the specific legal mechanism that revolutionized the judiciary's role.
Answer
Public Interest Litigation (PIL) or Social Action Litigation (SAL) became the most important vehicle of judicial activism.
Explanation
The text clearly states: 'The chief instrument through which judicial activism has flourished in India is Public Interest Litigation (PIL) or Social Action Litigation (SAL).'
How did judicial activism, particularly through PIL, democratize the judicial system?
Hint: Consider the expansion of access to justice that PILs brought.
Answer
Judicial activism democratized the system by giving not just individuals but also groups access to the courts, even if they were not directly aggrieved, through PILs.
Explanation
The text states: 'Judicial activism has had manifold impact on the political system. It has democratised the judicial system by giving not just to individuals but also groups access to the courts.' This refers to the ability to file PILs on behalf of others or for public interest.
Which of the following is identified as a negative consequence of a large number of PILs and a proactive judiciary?
Hint: Think about the practical challenges and constitutional implications of an overly active judiciary.
Answer
Negative consequences include overburdening the courts and blurring the line of distinction between the executive/legislature and the judiciary.
Explanation
The text mentions: 'There is however a negative side to the large number of PILs and the idea of a proactive judiciary. In the first place it has overburdened the courts. Secondly, judicial activism has blurred the line of distinction between the executive and legislature on the one hand and the judiciary on the other.'
What are the two main ways the Supreme Court can remedy the violation of rights, as stated in the text?
Hint: Recall the specific powers of the Supreme Court related to fundamental rights.
Answer
The Supreme Court can remedy rights violations by issuing writs (like Habeas Corpus) and by declaring concerned laws unconstitutional.
Explanation
The text outlines two ways: '± First it can restore fundamental rights by issuing writs of Habeas Corpus; mandamus etc. (article 32)... ± Secondly, the Supreme Court can declare the concerned law as unconstitutional and therefore non-operational (article 13).'
What does 'Judicial Review' mean in the context of the Supreme Court's powers?
Hint: Think about the judiciary's role in upholding the Constitution against legislative acts.
Answer
Judicial Review is the power of the Supreme Court (or High Courts) to examine the constitutionality of any law and declare it unconstitutional if it is inconsistent with the provisions of the Constitution.
Explanation
The text defines Judicial Review as '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 as unconstitutional and inapplicable.'
A central government law is challenged by several states, arguing it concerns a subject from the State list. How might the Supreme Court use its review powers in this situation?
Hint: Consider the scope of judicial review beyond fundamental rights, especially in federal matters.
Answer
The Supreme Court would use its review powers to declare the law unconstitutional if it finds that the law violates the federal distribution of powers as laid down by the Constitution.
Explanation
The text states: 'in the case of federal relations too, the Supreme Court can use the review powers if a law is inconsistent with the distribution of powers laid down by the Constitution. Suppose, the central government makes a law, which according to some States, concerns a subject from the State list. Then the States can go to the Supreme Court and if the court agrees with them, it would declare that the law is unconstitutional.'
Which landmark case established the 'basic structure doctrine' of the Constitution?
Hint: Recall the specific case mentioned as very important in regulating relations between Parliament and Judiciary.
Answer
The Kesavananda Bharati case, decided in 1973, established the basic structure doctrine of the Constitution.
Explanation
The text states: 'In 1973, the Supreme Court gave a decision that has become very important in regulating the relations between the Parliament and the Judiciary since then. This case is famous as the Kesavananda Bharati case. In this case, the Court ruled that there is a basic structure of the Constitution and nobody—not even the Parliament (through amendment)—can violate the basic structure.'
What was the significance of the Supreme Court reserving to itself the right to decide whether various matters are part of the basic structure of the Constitution in the Kesavananda Bharati case?
Hint: Consider the implications of the judiciary being the final arbiter on what constitutes the 'basic structure'.
Answer
By reserving this right, the judiciary gained the ultimate power to interpret the Constitution and act as a guardian of its basic features, thereby limiting Parliament's power to amend the Constitution.
Explanation
The text notes: 'Secondly, the Court reserved to itself the right to decide whether various matters are part of the basic structure of the Constitution. This case is perhaps the best example of how judiciary uses its power to interpret the Constitution.' This power effectively gives the judiciary a check on Parliament's amending powers.
The conflict between Parliament and the judiciary in India has been a recurrent theme. Which of the following issues was at the center of this controversy, as highlighted in the text?
Hint: Focus on the areas where the legislative and judicial branches clashed over their respective authorities.
Answer
Key issues in the conflict included the scope of Parliament's power to curtail fundamental rights and its power to amend the Constitution, particularly regarding the right to property.
Explanation
The text states: 'The following issues were at the centre of the controversy between the Parliament and the judiciary. ± What is the scope of right to private property? ± What is the scope of the Parliament’s power to curtail, abridge or abrogate fundamental rights? ± What is the scope of the Parliament’s power to amend the constitution? ± Can the Parliament make laws that abridge fundamental rights while enforcing directive principles?' These all relate to the Parliament's power over fundamental rights and constitutional amendments.
Which of the following powers is specifically attributed to High Courts in the structure of the judiciary?
Hint: Recall the powers of High Courts in relation to individual rights.
Answer
High Courts can issue writs for restoring Fundamental Rights, similar to the Supreme Court.
Explanation
Under the 'High Court' section, the text lists: '± Can issue writs for restoring Fundamental Rights.' Options A, B, and D are powers of the Supreme Court.
How did the Supreme Court expand the idea of rights through Public Interest Litigation (PIL)?
Hint: Consider what new categories of 'rights' became enforceable through PILs.
Answer
Through PIL, the court expanded the idea of rights by including aspects like clean air, unpolluted water, and decent living as rights for the entire society.
Explanation
The text states: 'Through the PIL, the court has expanded the idea of rights. Clean air, unpolluted water, decent living, etc., are rights for the entire society. Therefore, it was felt by the courts that individuals as parts of the society must have the right to seek justice wherever such rights were violated.'
A group of citizens files a PIL regarding alleged corruption in a government department. What impact might judicial activism have on the executive in this scenario?
Hint: Think about how PILs can influence the actions of the administrative branch.
Answer
Judicial activism has forced executive accountability, meaning the judiciary can compel the executive to investigate or act on issues like corruption.
Explanation
The text lists impacts of judicial activism: 'It has forced executive accountability.' The example given later about CBI investigations against politicians and bureaucrats in corruption cases further illustrates this.
What type of cases do District Courts primarily deal with, according to the provided information?
Hint: Recall the specific roles assigned to the District Courts in the judicial hierarchy.
Answer
District Courts deal with cases arising in the District and decide cases involving serious criminal offenses.
Explanation
Under the 'District Court' section, the text states: '± Deals with cases arising in the District. ± Decides cases involving serious criminal offences.'
Why is the power to penalise those guilty of contempt of court considered an effective protection for judges?
Hint: Consider how this power safeguards the dignity and authority of the court.
Answer
The power to penalise for contempt of court protects judges from unfair criticism, allowing them to adjudicate independently and without fear.
Explanation
The text states: 'The judiciary has the power to penalise those who are found guilty of contempt of court. This authority of the court is seen as an effective protection to the judges from unfair criticism.' It further adds that Parliament cannot discuss judge's conduct 'This gives the judiciary independence to adjudicate without fear of being criticised.'
The text mentions that while the executive plays a crucial role in making appointments, the legislature has powers of removal. What is the intended outcome of this arrangement?
Hint: Think about the principles of checks and balances in a democratic system.
Answer
This arrangement ensures both a balance of power among government organs and the independence of the judiciary.
Explanation
The text explicitly states: 'It should also be noted that while in making appointments, the executive plays a crucial role; the legislature has the powers of removal. This has ensured both balance of power and independence of the judiciary.'
The Hussainara Khatoon vs. Bihar case (1979) became famous as one of the early Public Interest Litigations. What was this case primarily about?
Hint: Recall the details of the first specific PIL example mentioned.
Answer
The Hussainara Khatoon vs. Bihar case (1979) concerned prisoners in Bihar who had spent long years in jail as 'under trials', longer than their potential sentence.
Explanation
The text mentions: 'In 1979, newspapers published reports about ‘under trials’. There were many prisoners in Bihar who had spent long years in jail, longer than what they would have spent if they had been punished for the offences for which they were arrested. This report prompted an advocate to file a petition. The Supreme Court heard this case. It became famous as one of the early Public Interest Litigations (PILs). This was the Hussainara Khatoon vs. Bihar case.'
Some people feel that judicial activism has made the balance among the three organs of government very delicate. What is the core democratic principle that this feeling suggests might be strained?
Hint: Consider the idea of limited separation of powers and checks and balances.
Answer
The core democratic principle potentially strained by judicial activism is that each organ of government should respect the powers and jurisdiction of the others.
Explanation
The text states: 'Democratic government is based on each organ of government respecting the powers and jurisdiction of the others. Judicial activism may be creating strains on this democratic principle.' This refers to the blurring of lines when the court gets involved in matters traditionally belonging to the executive or legislature.
A case decided by the Supreme Court of India concerns an interpretation of a constitutional provision. What is the implication of this decision for all other courts in India?
Hint: Recall how the integrated judicial system ensures consistency across courts.
Answer
Decisions made by the Supreme Court are binding on all other courts within the territory of India, reflecting the unified nature of the judiciary.
Explanation
The text states: 'Decisions made by the Supreme Court are binding on all other courts within the territory of India. Orders passed by it are enforceable throughout the length and breadth of the country.' This is a key feature of India's single integrated judicial system.
The term 'judicial review' is not explicitly mentioned in the Constitution. What implicitly gives the Supreme Court this power?
Hint: Think about the foundational documents and the judiciary's role as their guardian.
Answer
The power of judicial review is implicitly derived from India having a written constitution and the Supreme Court's power to strike down laws that violate fundamental rights.
Explanation
The text explains: 'The term judicial review is nowhere mentioned in the Constitution. 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.'
The introduction states that the judiciary has played an important role in interpreting and protecting the Constitution since 1950. What does this suggest about the judiciary's role in a democracy?
Hint: Consider the broader implications of 'interpreting and protecting the Constitution' beyond simple dispute resolution.
Answer
This suggests the judiciary acts as a crucial guardian of the Constitution and individual rights, ensuring their integrity and applicability.
Explanation
The introduction states: 'Right from 1950 the judiciary has played an important role in interpreting and in protecting the Constitution. In the chapter on fundamental rights you have already read that the judiciary is very important for protecting our rights.' This highlights its fundamental role as a guardian of the Constitution and rights.
Why did the Constitution makers believe that a difficult procedure of removal for judges would provide security of office?
Hint: Think about how job security impacts a judge's ability to make impartial decisions.
Answer
The difficult removal procedure provides security of tenure, allowing judges to function without fear or favour and resist political pressures.
Explanation
The text states: 'The Constitution makers believed that a difficult procedure of removal would provide security of office to the members of judiciary.' And earlier: 'Security of tenure ensures that judges could function without fear or favour.' This directly links difficult removal to judicial independence and freedom from political pressure.
What are the primary criteria for a person to be appointed as a judge, according to the text, excluding political opinions?
Hint: Recall the professional requirements for judicial appointments.
Answer
To be appointed as a judge, a person must have experience as a lawyer and/or be well versed in law, with political opinions not being a criterion.
Explanation
The text mentions: 'In order to be appointed as a judge, a person must have experience as a lawyer and/or must be well versed in law. Political opinions of the person or his/her political loyalty should not be the criteria for appointments to judiciary.'
The right against exploitation prohibits forced labour and child employment in hazardous jobs. How did PIL and judicial activism make it possible for courts to consider violations of this right for the disadvantaged?
Hint: Think about how PIL changed the 'locus standi' requirement for those who cannot easily approach courts.
Answer
PIL and judicial activism allowed public-spirited citizens, social organizations, and lawyers to file petitions on behalf of the needy and deprived, making it possible for courts to address these violations.
Explanation
The text states: 'But the question is: how could those, whose rights were violated, approach the court? PIL and judicial activism made it possible for courts to consider these violations... For this purpose, the judiciary allowed public spirited citizens, social organisations and lawyers to file petitions on behalf of the needy and the deprived.'
What is the principle of 'limited separation of powers and checks and balances' in the Indian Constitution, as described in the text?
Hint: Consider the distinct roles and interdependencies of the legislative, executive, and judicial branches.
Answer
It means each organ of the government has a clear area of functioning, with the Parliament making laws, the executive implementing them, and the judiciary settling disputes and deciding law constitutionality, while also checking each other.
Explanation
The text states: 'The Indian Constitution is based on a delicate principle of limited separation of powers and checks and balances. This means that each organ of the government has a clear area of functioning. Thus, the Parliament is supreme in making laws and amending the Constitution, the executive is supreme in implementing them while the judiciary is supreme in settling disputes and deciding whether the laws that have been made are in accordance with the provisions of the Constitution.'
On what specific grounds can a judge of the Supreme Court or High Court be removed?
Hint: Recall the very limited and specific reasons for judicial removal.
Answer
A judge can be removed only on the ground of proven misbehaviour or incapacity.
Explanation
The text states: 'A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehaviour or incapacity.'
In the unsuccessful attempt to remove Justice V. Ramaswami, despite the inquiry commission finding him guilty, why was the motion for removal not passed by Parliament?
Hint: Consider the specific parliamentary voting requirement for judge removal and how it was not met in this case.
Answer
The motion for removal failed because the Congress party abstained from voting, preventing it from securing the support of one-half of the total strength of the House, even though it had a two-thirds majority of those present and voting.
Explanation
The text explains: 'The motion recommending his removal got the required two-thirds majority among the members who were present and voting, but the Congress party abstained from voting in the House. Therefore, the motion could not get the support of one-half of the total strength of the House.' This highlights the difficult procedure for removal.
How did the judiciary, traditionally confined to responding to cases, become 'judicial activist' in the post-1980 period?
Hint: Think about the new sources of information and complaints the courts began to act upon.
Answer
The judiciary became activist by beginning to consider cases based on newspaper reports and postal complaints, moving beyond the traditional requirement of a personally aggrieved petitioner.
Explanation
The text states: 'Judiciary, which is an institution that traditionally confined to responding to cases brought before it, began considering many cases merely on the basis of newspaper reports and postal complaints received by the court. Therefore, the term judicial activism became the more popular description of the role of the judiciary.'
If a law passed by the Parliament is seen by some citizens as violating their fundamental rights, which of the following actions is the Supreme Court most likely to take, based on its established powers?
Hint: Consider the Supreme Court's power to protect fundamental rights against legislative acts.
Answer
The Supreme Court would examine the law's constitutionality through judicial review and, if it finds the law inconsistent with fundamental rights, declare it unconstitutional.
Explanation
The text mentions two ways the Supreme Court remedies rights violations, one of which is to 'declare the concerned law as unconstitutional and therefore non-operational (article 13).' This is a direct application of judicial review, which tests constitutionality, especially against fundamental rights.
What specific 'Special Power' does the Supreme Court have regarding appeals from any court in India?
Hint: Look for the unique power allowing the Supreme Court to override normal appeal routes.
Answer
The Supreme Court has the 'Special Power' to grant special leave to an appeal from any judgment or matter passed by any court in the territory of India.
Explanation
The 'Jurisdiction of Supreme Court of India' table lists 'Special Powers' as: 'Can grant special leave to an appeal from any judgement or matter passed by any court in the territory of India.'
The idea of 'rule of law' implies that all individuals are subjected to the same law. What key aspect of society does this principle cover?
Hint: Consider the universal application of law in a just society.
Answer
The 'rule of law' implies that all individuals—rich and poor, men or women, forward or backward castes—are subjected to the same law, ensuring equality before the law.
Explanation
The text 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.'
How has judicial activism attempted to make the electoral system more free and fair?
Hint: Recall the specific measure introduced by the court to inform the electorate about candidates.
Answer
The court, through judicial activism, asked candidates contesting elections to file affidavits indicating their assets, income, and educational qualifications to ensure transparency for voters.
Explanation
The text states: 'It has also made an attempt to make the electoral system much more free and fair. The court asked candidates contesting elections to file affidavits indicating their assets and income along with educational qualifications so that the people could elect their representatives based on accurate knowledge.'
The text raises unresolved issues regarding whether the judiciary can intervene in and regulate the functioning of legislatures, especially concerning parliamentary privileges. What democratic principle is challenged by such potential conflicts?
Hint: Consider the concept of legislative autonomy and the separation of powers.
Answer
Such conflicts challenge the legislature's inherent power to govern itself and regulate the behavior of its members, which is a key aspect of parliamentary sovereignty.
Explanation
The text mentions: 'Some issues still remain a bone of contention between the two — can the judiciary intervene in and regulate the functioning of the legislatures? In the parliamentary system, the legislature has the power to govern itself and regulate the behaviour of its members.' It also states that 'The legislatures see this as violating the principle of parliamentary sovereignty.'
The Constitution provides that the salaries and allowances of judges are not subjected to the approval of the legislature. What is the primary reason for this provision?
Hint: Think about how financial control can be used as leverage.
Answer
This provision ensures the financial independence of the judiciary, preventing the executive or legislature from exerting control or influence over judges through financial means.
Explanation
The text states: 'The judiciary is not financially dependent on either the executive or legislature. The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature.' This is a direct measure to ensure independence, preventing other organs from using financial power to influence judges.
Despite occasional tensions between the judiciary, executive, and legislature, what is the overall conclusion about the prestige and expectations from the Indian judiciary?
Hint: Refer to the concluding remarks about the judiciary's standing.
Answer
The overall conclusion is that the prestige of the judiciary has increased considerably, leading to many more expectations from it.
Explanation
The 'Conclusion' section states: 'In spite of the tensions that arose from time to time between the judiciary and the executive and the legislature, the prestige of the judiciary has increased considerably. At the same time, there are many more expectations from the judiciary.'
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