Get summaries, questions, answers, solutions, notes, extras, PDF and guide of Class 11 (first year) Political Science textbook, chapter 6 Judiciary, which is part of the syllabus of students studying under AHSEC/ASSEB (Assam Board). These solutions, however, should only be treated as references and can be modified/changed.
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Summary
The chapter discusses the structure, functions, and importance of the judiciary in a democratic system, particularly in a federal setup like India. The judiciary interprets laws, settles disputes, and ensures justice is delivered impartially. It acts as the guardian of the constitution, protecting it from violations by the legislative or executive branches. The organization of the judiciary varies across countries, with some having a centralized system while others are decentralized. In a federal country, decentralization of the judiciary is ideal to ensure it acts as a protector of people’s rights and administers justice effectively. Modern states emphasize open trials and transparent verdicts to maintain public trust.
The judiciary has several critical functions. It administers justice, protecting the rights of the aggrieved parties and settling disputes by hearing cases and delivering judgments. The judiciary also performs advisory functions, where the government may seek its opinion on legal matters, although such advice is not binding. Additionally, the judiciary fills gaps in the law by interpreting vague or absent laws in specific cases, creating judge-made law or case law. As the interpreter of laws and the constitution, the judiciary has the final say in a federation. Some countries’ judiciaries also have the power of judicial review, enabling them to judge the constitutionality of laws and government actions, thus acting as the guardian of the constitution. In democracies, the judiciary protects individual rights from legislative and executive encroachments and can issue writs to safeguard fundamental rights. It also conducts inquiries into serious incidents or scandals referred by the government and can appoint receivers in legal matters.
The independence of the judiciary is crucial for an effective and fair government. Judges must be appointed by the executive rather than elected to ensure impartiality. Judges should have security of tenure during good behavior, and their dismissal should not be easy. Attractive salaries and service conditions are necessary to attract qualified and eminent individuals to the judiciary. High qualifications and experience in law are essential for judges. The judiciary must be kept separate from the executive to avoid any undue influence. Provision for appeals from lower courts to higher courts is necessary for impartial justice. Judges’ social position should be recognized and safeguarded by the constitution, and they should avoid public contacts to maintain impartiality. Judges should be free from criticism to discharge their functions properly.
The rule of law, an important contribution of the British constitution, means that all persons are equal in the eyes of the law, and no one is above the law. This principle ensures that justice is administered impartially and that no privileged class exists. In India, the judiciary is unified and integrated, with the Supreme Court at the apex, followed by High Courts in each state. The Supreme Court, established in 1950, consists of a Chief Justice and other judges appointed by the President of India. It has original, appellate, and advisory jurisdiction and acts as the guardian of the constitution and fundamental rights. The High Courts, the highest courts in states, have similar functions and powers, including appellate jurisdiction in civil and criminal cases and the power to issue writs.
The chapter also highlights the importance of judicial activism, where courts take an active role in protecting public interest and human rights, and fast track courts, which provide speedy justice. The judiciary is entrusted with protecting individual rights and has the power to issue writs and declare laws unconstitutional if they violate fundamental rights. The relationship between the judiciary and parliament is based on a delicate balance of powers and checks and balances, with occasional conflicts arising over the interpretation and implementation of laws. The judiciary’s role is crucial in maintaining the rule of law and upholding justice in society.
Video tutorial
Essay Type Question
1. Discuss the role of the Supreme Court of India.
Answer: The Supreme Court stands at the apex of the Indian judiciary. It resolves differences between the Union and the States and ensures uniform interpretation of the Constitution. Constituted in 1950, the Supreme Court consists of a Chief Justice and other Judges, appointed by the President. It has original, appellate, and advisory jurisdictions, and acts as the guardian of the Constitution and fundamental rights.
The Supreme Court originally had one Chief Justice and seven judges. The number increased over time, and currently, it has one Chief Justice and 30 other judges. Judges are appointed by the President, consulting other judges as necessary, and can serve until the age of 65. They are oath-bound to defend the Constitution and act impartially.
Judges receive a salary, pension, and official residences, and cannot be criticised. After retirement, they cannot practice in any court or hold any office of profit under the Union or State Governments. The Chief Justice, with the President’s consent, can request a retired judge to act as a Supreme Court judge.
2. Discuss the role of the Supreme Court as the guardian of the Constitution and the custodian of Fundamental Rights.
Answer: The Supreme Court must act as the guardian of the Constitution. A Constitution becomes meaningless if there is no paramount authority to enforce it. The Supreme Court of India does the duty of checking both the citizens and the Government from abusing the Constitution.
The citizens of India have fundamental rights. The Supreme Court is in a position to protect and enforce the rights of the people authoritatively. It has the powers to safeguard the liberty of the people.
The report on the working of the Supreme Court is very encouraging. It has been acting with dignity and impartiality. The judges have inspired trust and faith in the ideals of justice. The Supreme Court has not failed to uphold justice, whenever called upon to do so. The Supreme Court may be regarded as the repository of justice and human rights. It is an ever vigilant guardian of the Constitution and conscience-keeper of the Government.
The Supreme Court of India is also very powerful. Shri Alladi Krishnaswami Aiyar observes: “The Supreme Court of India has more powers than any other Supreme Court in any part of the World.” About the future role of the Supreme Court, Aiyar said: “The future evolution of the Indian Constitution will thus depend, to a large extent, upon the work of the Supreme Court and the direction given to it by that Court. While its function may be one of interpreting the Constitution, it cannot in discharging its duties afford to ignore the social, economical and political tendencies of the times which furnish the necessary background.”
3. Describe the powers and functions of the Supreme Court of India.
Answer: The Supreme Court of India has enormous powers and functions, including original, appellate, and advisory jurisdictions. It acts as the guardian of the Constitution and the Fundamental Rights of the citizens.
- Original Jurisdiction: Settles disputes between the Centre and States, between the Centre and States on one side and other States on the other, and between States. Decides Presidential and Vice-Presidential election disputes.
- Appellate Jurisdiction: (i) Constitutional Cases: Appeals against High Court judgements involving substantial points of law regarding the Constitution. (ii) Civil Cases: Appeals against High Court decisions involving substantial questions of law. (iii) Criminal Cases: Appeals from High Court judgements, especially in death sentence cases.
- Advisory Jurisdiction: The President can seek the advisory opinion of the Supreme Court on significant public matters. The opinion is not binding but holds persuasive value.
Other Powers:
- Court of Record: Its decisions are recorded for perpetual memory and have great evidentiary value.
- Directions, Orders, or Writs: Can issue writs to protect fundamental rights and review laws passed by Parliament and State Legislatures.
- Contempt of Court: Can punish for contempt of itself.
- Review of Judgement and Order: Can review its own decisions if new facts emerge, faults are found, or sufficient reasons exist.
- Interpreter of the Constitution: Final authority on the interpretation of the Constitution.
- Judicial Review: Can review and declare laws void if they contravene the Constitution.
- Special Leave to Appeal: Can grant special leave to appeal against any judgement in India, excluding those related to Armed forces.
The Supreme Court can also regulate its practice and procedure, ensure attendance, and secure documents or evidence. The administrative expenses are charged upon the Consolidated Fund of India.
4. Write a note on the independence of the Indian Judiciary.
Answer: The independence of the judiciary is crucial for its effective functioning. The following factors are favourable to the independence and efficiency of the judiciary:
- Appointment of Judges: Judges should be appointed by the executive, not elected.
- Security of Tenure: Judges should have secure tenure during good behaviour and adequate pension benefits after retirement.
- Attractive Salary and Service Conditions: Judges should receive handsome salaries and good service conditions to attract qualified individuals.
- High Qualification: Judges should be highly qualified and experienced in law.
- Separation from Executive: The judiciary must be separate from the executive and not under its control.
- Provision for Appeal: There should be provisions for appealing from Lower Courts to Higher Courts.
- Social Position: Judges’ positions should be constitutionally recognised and safeguarded.
- Freedom from Criticism: Judges should be above criticism to function properly.
These factors ensure judges can administer justice impartially and efficiently.
5. Write a note on judicial activism in India.
Answer: Under public interest litigation system, the courts of law in India can initiate and enforce action for securing any significant public or general interest which is being adversely affected or likely to be so by the action of any agency, public or private. Under it any citizen or a group or voluntary organisation, or even a court can bring to notice any case demanding action in the interest of the public. It provides for an easy, simple, speedier, and less expensive system of providing relief to the aggrieved public or any section of the public.
Judicial Activism in India: Indian Judicial system nowadays has become more and more active. The Supreme Court has been coming out with judicial decisions and directives aimed at the protection of public interest and human rights by giving directions to the bureaucracy and police. The Public Interest Litigation System has been picking up pace in recent times. System of Lok Adalats is also taking a proper shape. The Courts have been trying to check malpractices on the part of public officials.
6. What are the powers and functions of the Supreme Court?
Answer: The Supreme Court of India has enormous powers and functions, including original, appellate, and advisory jurisdictions. It acts as the guardian of the Constitution and the Fundamental Rights of the citizens.
- Original Jurisdiction: Settles disputes between the Centre and States, between the Centre and States on one side and other States on the other, and between States. Decides Presidential and Vice-Presidential election disputes.
- Appellate Jurisdiction: (i) Constitutional Cases: Appeals against High Court judgements involving substantial points of law regarding the Constitution. (ii) Civil Cases: Appeals against High Court decisions involving substantial questions of law. (iii) Criminal Cases: Appeals from High Court judgements, especially in death sentence cases.
- Advisory Jurisdiction: The President can seek the advisory opinion of the Supreme Court on significant public matters. The opinion is not binding but holds persuasive value.
Other Powers:
- Court of Record: Its decisions are recorded for perpetual memory and have great evidentiary value.
- Directions, Orders, or Writs: Can issue writs to protect fundamental rights and review laws passed by Parliament and State Legislatures.
- Contempt of Court: Can punish for contempt of itself.
- Review of Judgement and Order: Can review its own decisions if new facts emerge, faults are found, or sufficient reasons exist.
- Interpreter of the Constitution: Final authority on the interpretation of the Constitution.
- Judicial Review: Can review and declare laws void if they contravene the Constitution.
- Special Leave to Appeal: Can grant special leave to appeal against any judgement in India, excluding those related to Armed forces.
The Supreme Court can also regulate its practice and procedure, ensure attendance, and secure documents or evidence. The administrative expenses are charged upon the Consolidated Fund of India.
7. Write a note on judicial review.
Answer: The Supreme Court has been empowered to review the laws passed by the Parliament and State Legislatures and may declare an impugned law void to the extent it contravenes any of the provisions of the Constitution. This power of the Supreme Court is known as the power of judicial review.
8. Discuss the powers, functions and composition of the High Courts.
A High Court consists of a Chief Justice and other judges appointed by the President, who consults the Chief Justice of India and the Governor of the concerned State. The President may appoint additional and acting judges as needed. To be a judge of a High Court, one must be a citizen of India and have held a judicial office in India for at least 10 years or been an advocate of a High Court or two or more such courts in succession for at least 10 years. Judges retire at 62 but can resign earlier or be removed for ‘proved misconduct’ or ‘incapacity’. Retired judges may be requested to act temporarily.
Judges receive a salary of ₹2,50,000 for the Chief Justice and ₹2,25,000 for other judges, plus allowances, pension, and rent-free accommodation. The President may transfer judges between High Courts after consulting the Chief Justice of India.
Article 225 states that the powers exercised by High Courts before the Constitution’s commencement will continue. High Courts have original jurisdiction in civil cases, admiralty, will, divorce, marriage, company laws, and contempt of court. They have appellate jurisdiction in civil and criminal cases and must confirm all death sentences. High Courts can issue writs such as habeas corpus, mandamus, prohibition, quo-warranto, and certiorari and decide election disputes.
High Courts supervise and control Lower Courts, issue rules and forms, prescribe accounts, and settle fees. They appoint their own staff, whose service conditions are approved by the Governor or President. High Courts can decide constitutional questions in cases from subordinate courts and consult on the appointment, promotion, and transfer of subordinate court judges.
9. Explain the advisory jurisdiction of the Supreme Court of India.
Answer: The advisory jurisdiction of the Supreme Court of India is empowered by Article 143 of the Constitution. This article allows the President to seek the advisory opinion of the Supreme Court on any question of law or fact of considerable public importance. The opinion given by the Supreme Court is not a judicial pronouncement and is not binding on any party, though it has great persuasive value. Despite this provision, the Supreme Court is not obligated to express its opinion if the question is purely political. Chief Justice Chandrachud observed: “It was not binding on the Supreme Court to give its opinion if we came to the conclusion that we cannot answer.” Unlike the Supreme Courts in the U.S.A. and Canada, which have refused to give advisory opinions, the Supreme Court of India has not refused to give an advisory opinion so far.
10. Explain the power of Judicial Review of the Supreme Court of India.
Answer: The Supreme Court has been empowered to review the laws passed by the Parliament and State Legislatures and may declare an impugned law void to the extent it contravenes any of the provisions of the Constitution. This power of the Supreme Court is known as the power of judicial review.
Short Answer Type
1. Discuss the composition of the High Court.
Answer: A High Court consists of a Chief Justice and other judges as deemed necessary by the President. The Constitution does not specify the number of judges for High Courts, giving the President the power to increase their number. Article 217 states that the President appoints the Chief Justice and other judges of a High Court.
2. Write a note on High Court as a Court of Record.
Answer: The High Court, similar to the Supreme Court, is a court of record. This means it has the authority to punish for contempt of itself.
3. What are the judicial powers of the President?
Answer: The President has the power to appoint judges to the Supreme Court and High Courts (Articles 124, 217). The President can consult with the Supreme Court on matters of public importance (Article 143). Additionally, the President holds the power to grant pardons, reprieves, respites, remissions, and commutations (Article 72).
4. Why do we need an independent judiciary?
Answer: A well-organized and independent judiciary is crucial for a government to be considered efficient and fair. It ensures that justice is delivered based on sound legal and constitutional principles, upholding the protection of law and equality for all.
5. What is meant by ‘Impartiality’ of Judiciary?
Answer: Impartiality of the judiciary means that justice is delivered based on sound legal and constitutional principles, recognizing the protection of law and ensuring equality before the law for all.
6. Write a note on contempt of the Court.
Answer: Contempt of court includes actions such as criticizing a court’s judgment or judges, making derogatory remarks against the court, and refusing to abide by its decisions.
7. Write a note on the original powers of the Supreme Court.
Answer: The Supreme Court’s original jurisdiction allows it to settle disputes between:
- The Centre and States
- The Centre and some States against other States
- Two or more States
These disputes must involve a question of law on which a legal right depends.
8. What are the original powers of the High Courts?
Answer: The original jurisdiction of High Courts is limited to civil cases and excludes criminal cases. While lower courts handle small revenue cases, High Courts try cases involving larger amounts. Their original jurisdiction also covers matters related to admiralty, will, divorce, marriage, company laws, and contempt of court.
9. Write a note on the advisory powers of the Supreme Court.
Answer: Article 143 empowers the President to seek the Supreme Court’s advisory opinion on questions of law or fact of significant public importance. While the Supreme Court’s opinion holds persuasive value, it is not a judicial pronouncement and therefore not binding.
10. Write a note on judicial review.
Answer: Judicial review is the power vested in the Supreme Court to review laws passed by Parliament and State Legislatures. If a law is found to contravene the Constitution, the Supreme Court can declare it void.
11. Write a short note on ‘Habeas Corpus.’
Answer: Habeas Corpus is a writ that can be issued by the Supreme Court (Article 32) and High Courts (Article 226) to restore fundamental rights.
12. What is meant by Writs?
Answer: Writs are legal instruments used by the Supreme Court and High Courts to protect fundamental rights. These include Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.
13. Explain the procedure for the removal of a judge of the Supreme Court.
Answer: A Supreme Court judge can be removed from office by the President on grounds of “proved misbehavior” or “incapacity.” This requires an address by Parliament to the President, passed by a majority of each House’s total membership and a two-thirds majority of members present and voting.
14. Write a short note on ‘Certiorari’.
Answer: Certiorari is one of the five types of prerogative writs that High Courts can issue. These writs are used to protect fundamental rights and for other purposes as well.
15. Mention two steps taken by the Constitution for safeguarding the independence of the judiciary.
Answer:
- Security of Tenure: Judges have absolute security of tenure during good behavior, ensuring they can perform their duties without fear or favor.
- Attractive Salary and Service Conditions: Judges are provided handsome salaries and good service conditions to attract highly qualified and experienced individuals to judicial service.
16. Mention two qualifications of a judge of the Supreme Court of India.
Answer: To be appointed as a judge of the Supreme Court of India, a person must:
- Be a citizen of India.
- Have worked as a judge in any High Court for at least five years.
17. Mention two qualifications necessary to be appointed as the judge of the High Court.
Answer: To be appointed as a judge of the High Court, a person must:
- Be a citizen of India.
- Have held a judicial office in India for at least ten years.
18. When can the Supreme Court exercise advisory jurisdiction?
Answer: The Supreme Court can exercise its advisory jurisdiction when the President seeks its opinion on a question of law or fact of significant public importance, as per Article 143 of the Constitution.
19. How can judges of the Supreme Court of India be removed?
Answer: Judges of the Supreme Court of India can be removed by the President on grounds of “proved misbehavior” or “incapacity,” following an address by Parliament to the President.
20. Who can remove the judge of the Supreme Court of India and on what basis?
Answer: The President of India holds the power to remove a judge of the Supreme Court, but only on grounds of “proved misbehavior” or “incapacity” and after following the proper procedure involving an address by Parliament.
21. Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?
Answer: Yes, judicial activism has the potential to lead to conflicts between the judiciary and the executive. This is because the Indian Constitution is based on a delicate balance of power and checks and balances. When the judiciary actively intervenes in matters typically under the executive’s purview, it can be perceived as overstepping its boundaries.
22. Who appoints the Chief Justice of the Supreme Court? What is the term of office of the Chief Justice?
Answer: The President of India appoints the Chief Justice of the Supreme Court. The Constitution mandates that Supreme Court judges, including the Chief Justice, retire at the age of 65.
23. What is meant by the Original Jurisdiction of the Supreme Court of India?
Answer: The Original Jurisdiction of the Supreme Court of India refers to its authority to hear and decide certain types of cases directly, without them having been heard by a lower court first. This includes disputes between:
- The Centre and one or more States
- The Centre and any State or States on one side and one or more other States on the other
- Two or more States.
These disputes must involve a question of law that directly impacts a legal right.
Objective Type
1. The minimum age to be a judge of the Supreme Court is 25 years.
Answer: No
2. The Supreme Court has no original powers.
Answer: No
3. The judges are appointed on the basis of party affiliation.
Answer: No
4. Parliament has no say in the appointment of judges.
Answer: Yes
5. The judges have security of tenure.
Answer: Yes
6. A judge of the Supreme Court retires at the age of 70.
Answer: No
7. A judge of the High Court retires at the age of 65.
Answer: No
8. What is the full name of PIL?
Answer: Public Interest Litigation
9. What do you mean by Public Interest Litigation (PIL)?
Answer: Under public interest litigation system, the courts of law in India can initiate and enforce action for securing any significant public or general interest which is being adversely affected or likely to be so by the action of any agency, public or private. Under it any citizen or a group or voluntary organisation, or even a court can bring to notice any case demanding action in the interest of the public. It provides for an easy, simple, speedier and less expensive system of providing relief to the aggrieved public or any section of public.
10. Write ‘Yes’ or ‘No’. The advice of the Supreme court is binding on the President.
Answer: No
11. Which of the following statements is not correct?
(a) The judges are appointed on the basis of party affiliation.
(b) Parliament has no say in the appointment of judges.
(c) The judges have security of tenure.
(d) A very difficult procedure is needed for removal of judges.
Answer: (a) The judges are appointed on the basis of party affiliation.
12. What is the principal role of the Judiciary?
Answer: The principal role of the judiciary is the administration of justice. It protects the rights of the aggrieved party. It is also called the ‘defender of rights’. The judges hear cases and give judgements. Thus, settle disputes.
13. Throw light on two contributions of the Public Internet Litigations.
Answer: Public Interest Litigation (PIL) has made it possible for the courts to intervene actively in the protection of public interest. It provides an easy, simple, speedier and less expensive system of providing relief to the aggrieved public.
14. What are the salient features of Indian Judiciary?
Answer: (i) Single and Integrated Judicial System. (ii) Independence of Judiciary. (iii) Provisions for Joint High Courts. (iv) Judiciary as the Final Interpreter of the Constitution. (v) Supreme Court as the Arbiter between the Union and the States. (vi) Separation of Judiciary from the Executive. (vii) Guardian of Fundamental Rights. (viii) Seniority Principle in the appointment of Chief Justice of India. (ix) Open Trial. (x) Judicial Review. (xi) Judicial Activism. (xii) Special Courts. (xiii) Fast Track Courts.
15. Point out to some of the purpose served by the Judicial Activism.
Answer: Judicial activism is the use of judicial power to effect social change. It is based on the belief that the judiciary can and should play an active role in protecting the rights of citizens and promoting social justice.
16. What do you understand by Rule of Law?
Answer: The Rule of Law is an important contribution of the British Constitution. It means that in the eye of the law all persons, whether big or small, the highest government official or ordinary citizen, a big capitalist or a poor man, are equal. It also means that in the eye of law, there is no privileged class. Irrespective of his or her social status, everybody will be equally punished for the violation of law. Nobody is punished in England until his guilt is proved in a law court. There is only one type of law. Ordinary law for deciding disputes between the citizens and the government and only one type of court-ordinary court.
17. Who appoints the judges of the Supreme Court?
Answer: The judges of the Supreme Court including the Chief Justice are appointed by the President of India under his hand and seal.
18. Write two issues of debate between the Judiciary and the Parliament.
Answer: Two issues of debate between the Judiciary and the Parliament are:
- Judicial Review
- Appointment of Judges
19. Where the Supreme Court is situated?
Answer: Delhi
Multiple Choice
1. The age of retirement of a Supreme Court Judge is-
(a) 60 Years (b) 62 Years (c) 65 Years (d) 70 Years
Answer: c) 65 Years
2. The number of Judges of the Supreme Court can be increased by the-
(a) President (b) Law Minister (c) Parliament (d) Lok Sabha
Answer: c) Parliament
3. The number of Judges of a High Court can be increased by the-
(a) Governor (b) President (c) Law Minister (d) Prime Minister
Answer: b) President
4. The total number of Judges in the Supreme Court including the Chief Justice is-
(a) 18 (b) 20 (c) 25 (d) 26
Answer: d) 26
5. A Judge of High Court can be transferred by the-
(a) Chief Justice of India (b) Union Law Minister (c) President (d) Governor
Answer: c) President
6. Which Court can grant special leave to appeal?
(a) High Court (b) Special Tribunal (c) District Judge’s Court (d) Supreme Court
Answer: d) Supreme Court
Textual Questions
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 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.
Answer: iii. Judge of a High Court cannot be transferred to another High Court.
iv. Parliament has no say in the appointment of Judges.
2. Does independence of the judiciary mean that the judiciary is not accountable to anyone? Write your answer in not more than 100 words.
Answer: Independence of the judiciary does not mean that it is not accountable to anyone. The judiciary is accountable to the Constitution and the laws of the land. Judges are expected to uphold the rule of law and deliver justice impartially. Their decisions can be reviewed by higher courts, and in cases of misconduct or incapacity, judges can be removed through a constitutionally prescribed process.
3. What are the different provisions in the Constitution in order to maintain the independence of judiciary?
Answer:
- Appointment of Judges: The independence of judges depends on the way in which they are appointed. Appointment of the judges by the executive is regarded as the best method.
- Security of Tenure: There should be absolute security of tenure of judges during good behaviour. Judges should not have any suspicion about the security of tenure.
- Attractive Salary and Service Conditions: Judges should be paid handsomely. They should be kept above want and temptation.
- High Qualification: Judges should be highly qualified and experienced in the field of law.
- Separation from Executive: The judiciary must be kept separated from the executive.
- Provision for Appeal: Every state should make provision for appealing from the Lower Court to the Higher Court.
- Social Position: The position of the judges should be recognised by the Constitution.
- Freedom from Criticism: Judges should be above criticism so that they can discharge their judicial functions properly.
4. 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?
Answer: What is the case about?
The case is about the pollution caused by Reliance’s thermal power plant affecting the chikoo growers in the Dahanu area.
Who has been the beneficiary in the case?
The beneficiaries are the farmers who grow the chikoo fruit.
Who is the petitioner in the case?
The petitioners are the chikoo growers who have been affected by the pollution.
Visualise what would have been the different arguments put forward by the company.
The company might argue that they have followed all environmental regulations, that the pollution control plant was in process, and that they are taking steps to mitigate the pollution.
What arguments would the farmers have put forward?
The farmers would argue that the pollution from the power plant has severely affected their crops, leading to crop failures, and that the company has not taken adequate measures to control the pollution despite the Supreme Court order.
5. Read the following news report and,
Identify the governments at different levels
Identify the role of Supreme Court
What elements of the working of judiciary and executive can you identify in it?
Identify the policy issues, matters related to legislation, implementation and interpretation of the law involved in this case.
Answer: Identify the governments at different levels.
The Centre and the Delhi Government.
Identify the role of Supreme Court.
The Supreme Court has ordered the phasing out of all non-CNG commercial vehicles in the Capital and is involved in the implementation of CNG norms.
What elements of the working of judiciary and executive can you identify in it?
The judiciary (Supreme Court) is directing the implementation of environmental policies while the executive (Centre and Delhi Government) is responsible for the execution and compliance with these directives.
Identify the policy issues, matters related to legislation, implementation and interpretation of the law involved in this case.
Policy issues include the enforcement of CNG norms for vehicles, the use of low sulphur diesel, and the environmental impact of transportation. Legislative matters involve setting these environmental standards, while implementation relates to converting vehicles to CNG and setting up necessary infrastructure. Interpretation of the law involves understanding the court’s directives and compliance requirements.
6. The following is a statement about Ecuador. What similarities or differences do you find between this example and the judicial system in India?
Answer: In Ecuador, judges are not required to respect the rulings of higher courts in previous cases, and appellate judges do not need to provide written decisions explaining their rulings. In contrast, India’s judicial system is based on common law where precedents set by higher courts are binding on lower courts. Additionally, Indian judges are expected to provide detailed reasons for their rulings, ensuring transparency and consistency in judicial decisions.
7. Read the following statements: Match them with the different jurisdictions the Supreme Court can exercise Original, Appellate and Advisory.
Answer: 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. Advisory
In order to resolve the dispute about river Cauvery the government of Tamil Nadu wants to approach the court. Original
Court rejected the appeal by people against the eviction from the dam site. Appellate
8. In what way can public interest litigation help the poor?
Answer: Public interest litigation (PIL) allows any citizen or group to bring to the court’s notice any case demanding action in the interest of the public, especially for the rights and interests of the underprivileged sections of society. PIL provides an easy, simple, and less expensive system of providing justice, enabling the poor to seek legal redressal for issues affecting their rights without the barriers of traditional legal standing.
9. Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?
Answer: Yes, judicial activism can lead to a conflict between the judiciary and the executive because it involves the judiciary making decisions that can impact policy and administration, areas traditionally within the executive’s domain. When courts intervene in policy matters, it can be seen as overstepping their boundaries, leading to tensions between the two branches of government.
10. How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?
Answer: Judicial activism is related to the protection of fundamental rights as it involves the judiciary taking an active role in ensuring that the rights of citizens are upheld. Through judicial activism, courts have interpreted and expanded the scope of fundamental rights, addressing issues that may not have been explicitly covered in the Constitution but are essential for justice and equality. It has helped in recognizing new rights and providing remedies for violations, thereby broadening the ambit of fundamental rights.
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