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Judiciary

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Summary

Chapter Six: Judiciary

Introduction

  • Courts serve as arbitrators in disputes and perform political functions.
  • The judiciary is a crucial organ of government, with the Supreme Court of India being one of the most powerful courts globally.
  • Key roles include:
    • Protecting the Constitution.
    • Safeguarding fundamental rights.
    • Interpreting laws.
    • Relationship with Parliament.

Key Topics

  • Independence of Judiciary: Essential for justice without political pressure.
  • Judicial Activism: Involves the judiciary's proactive role in protecting rights, including through Public Interest Litigation (PIL).
  • Jurisdictions of the Supreme Court:
    • Original Jurisdiction: Directly settles disputes between Union and States.
    • Appellate Jurisdiction: Hears appeals from lower courts.
    • Advisory Jurisdiction: Advises the President on public matters.

Appointment of Judges

  • Political controversy surrounds the appointment of judges, influencing constitutional interpretation.
  • Seniority convention for Chief Justice appointments has been broken in the past.

Conflict Between Judiciary and Parliament

  • Issues include:
    • Appointment and salaries of judges.
    • Parliament's power to amend the Constitution.
    • Interference in judiciary functioning.

Judicial Review

  • The Supreme Court can declare laws unconstitutional if they violate the Constitution.
  • Review powers extend to laws passed by State legislatures.

Legal Services Authorities

  • Aim to provide free legal aid and promote legal awareness.
  • Eligibility includes women, children, SC/ST members, and low-income individuals.

Conclusion

  • The judiciary plays a vital role in upholding democracy and protecting individual rights.

Learning Objectives

Learning Objectives

  • Understand the meaning of independence of judiciary.
  • Explain the role of Indian Judiciary in protecting rights.
  • Describe the role of the Judiciary in interpreting the Constitution.
  • Analyze the relationship between the Judiciary and the Parliament of India.
  • Discuss how public interest litigation (PIL) can assist the poor.
  • Evaluate the impact of judicial activism on the political system.
  • Identify the different jurisdictions of the Supreme Court: Original, Appellate, and Advisory.
  • Assess the implications of judicial review and its significance in the Indian legal framework.

Detailed Notes

Chapter 6: Judiciary

Introduction

  • Courts are seen as arbitrators in disputes between individuals and also perform political functions.
  • The judiciary is crucial for interpreting and protecting the Constitution.

Independence of Judiciary

  • Definition: Judiciary must function without interference from the executive and legislature.
  • Importance: Protects rule of law and individual rights.
  • Key Points:
    • Judges must operate without fear or favor.
    • Independence does not mean arbitrariness.

Appointment of Judges

  • Political controversy surrounds the appointment of judges.
  • The Chief Justice of India is usually the senior-most judge, but this convention has been broken in the past.

Jurisdiction of Supreme Court

  • Types of Jurisdiction:
    • Original Jurisdiction: Settles disputes between Union and States.
    • Appellate Jurisdiction: Tries appeals from lower courts in civil, criminal, and constitutional cases.
    • Advisory Jurisdiction: Advises the President on matters of public importance.
  • Writ Powers: Can issue writs to protect fundamental rights.

Judicial Activism

  • Definition: The judiciary's proactive role in protecting rights through Public Interest Litigation (PIL).
  • Impact: Has democratized access to justice and forced executive accountability.
  • Challenges: Overburdening of courts and blurring lines between branches of government.

Conflict Between Judiciary and Parliament

  • Issues include:
    • Appointment and salaries of judges.
    • Scope of Parliament's power to amend the Constitution.
    • Interference by Parliament in judicial functioning.

Legal Services Authorities

  • Aim to provide free legal aid and advice, spread legal awareness, and promote dispute settlement.
  • Eligibility for Free Legal Services:
    • Women and children, SC/ST members, industrial workers, persons with disabilities, etc.

Conclusion

  • The judiciary plays a vital role in maintaining democracy and protecting citizens' rights.

Exam Tips & Common Mistakes

Common Mistakes and Exam Tips in Judiciary

Common Pitfalls

  • Misunderstanding Judicial Activism: Students often confuse judicial activism with judicial overreach. It's important to differentiate between the two concepts.
  • Ignoring the Role of the Constitution: Failing to recognize how the Constitution limits and defines the powers of the judiciary can lead to incorrect conclusions.
  • Overlooking the Importance of Independence: Not emphasizing the necessity of an independent judiciary in maintaining the rule of law can weaken arguments in essays.
  • Confusing Jurisdictions: Students may mix up original, appellate, and advisory jurisdictions of the Supreme Court. Clear definitions and examples are crucial.

Exam Tips

  • Understand Key Terms: Familiarize yourself with terms like 'judicial review', 'public interest litigation', and 'judicial activism'. Knowing their definitions and implications is essential.
  • Use Examples: When discussing concepts, use relevant examples from the text, such as the cases of Justice V. Ramaswami or the impact of PILs on public interest.
  • Focus on Relationships: Pay attention to the relationship between the judiciary, legislature, and executive. Understanding these dynamics can help in essay questions.
  • Practice Debates: Engage in debates on topics like the constraints on judges to solidify your understanding and prepare for potential exam questions.
  • Review Past Questions: Look at previous exam questions related to the judiciary to identify common themes and areas of focus.

Practice & Assessment

Multiple Choice Questions

A.

It allows judges to make laws

B.

It ensures judges are not influenced by other government branches

C.

It permits judges to participate in political activities

D.

It enables judges to control the executive branch
Correct Answer: B

Solution:

An independent judiciary ensures that judges can make decisions without influence from the executive or legislative branches, maintaining the rule of law.

A.

Appointment of judges

B.

Judiciary's power to amend the Constitution

C.

Judiciary's role in conducting elections

D.

Judiciary's power to legislate
Correct Answer: A

Solution:

The appointment of judges has been a contentious issue between the judiciary and the Parliament, as it involves political processes.

A.

Original Jurisdiction

B.

Appellate Jurisdiction

C.

Advisory Jurisdiction

D.

Legislative Jurisdiction
Correct Answer: D

Solution:

The Supreme Court of India does not have legislative jurisdiction; it cannot create laws.

A.

Judges can make laws

B.

Judiciary operates without political pressure

C.

Judges are elected by the public

D.

Judiciary can overrule the executive
Correct Answer: B

Solution:

Independence of the judiciary ensures it operates without political pressure, maintaining fairness.

A.

It allows individuals to bypass the court system

B.

It enables citizens to challenge laws directly in the legislature

C.

It allows the judiciary to address issues of public interest even if the aggrieved party is not directly involved

D.

It permits the executive to intervene in judicial matters
Correct Answer: C

Solution:

PIL allows the judiciary to address public interest issues, making it possible for the courts to consider cases even if the aggrieved party is not directly involved.

A.

Increase in legislative power

B.

Reduction in executive power

C.

Enhanced protection of fundamental rights

D.

Decrease in judicial power
Correct Answer: C

Solution:

Judicial activism has enhanced the protection of fundamental rights by allowing courts to take a more proactive role in addressing violations.

A.

The power of the judiciary to examine the constitutionality of laws

B.

The judiciary's ability to create new laws

C.

The judiciary's role in executing laws

D.

The judiciary's involvement in political campaigns
Correct Answer: A

Solution:

Judicial review is the power of the judiciary to examine the constitutionality of laws and declare them unconstitutional if they violate the Constitution.

A.

Advising the President on legal matters.

B.

Settling disputes between the Union and the States.

C.

Hearing appeals from lower courts.

D.

Reviewing its own previous judgments.
Correct Answer: B

Solution:

Original jurisdiction refers to the authority of the Supreme Court to hear cases that involve disputes between the Union and the States or among the States themselves.

A.

Judges can make laws

B.

Judges are not accountable to anyone

C.

Judiciary operates without interference from other government branches

D.

Judiciary can overrule the Constitution
Correct Answer: C

Solution:

Independence of judiciary means it operates without interference from the executive and legislature.

A.

It ensures that judges can make decisions without fear of retribution from the executive and legislature.

B.

It allows judges to make laws as they see fit.

C.

It gives the judiciary the power to appoint members of the executive.

D.

It allows the judiciary to function without any accountability.
Correct Answer: A

Solution:

The independence of the judiciary is crucial for ensuring that judges can make impartial decisions based on the law, free from external pressures from the executive and legislature.

A.

To legislate new laws.

B.

To protect the rule of law and ensure the supremacy of law.

C.

To execute laws passed by the legislature.

D.

To amend the Constitution.
Correct Answer: B

Solution:

The judiciary's primary role is to protect the rule of law and ensure that all individuals are subject to the same law, maintaining the supremacy of law.

A.

The Supreme Court advises the President on a matter of public importance.

B.

The Supreme Court declares a law unconstitutional because it violates fundamental rights.

C.

The Supreme Court settles a dispute between two states.

D.

The Supreme Court hears an appeal from a lower court in a criminal case.
Correct Answer: B

Solution:

Judicial review is the power of the Supreme Court to examine the constitutionality of laws. Declaring a law unconstitutional because it violates fundamental rights is an exercise of this power.

A.

The Supreme Court advises the President on a matter of public importance.

B.

The Supreme Court reviews a law passed by the Parliament and declares it unconstitutional.

C.

The Supreme Court issues a writ of Habeas Corpus to release an unlawfully detained person.

D.

The Supreme Court settles a dispute between two states regarding water sharing.
Correct Answer: B

Solution:

Judicial review refers to the power of the Supreme Court to examine the constitutionality of laws passed by the legislature. If a law is found inconsistent with the Constitution, the Court can declare it unconstitutional.

A.

The judiciary's power to amend the Constitution

B.

The legislature's ability to regulate the conduct of judges

C.

The judiciary's intervention in legislative privileges

D.

The legislature's power to appoint judges
Correct Answer: C

Solution:

A potential conflict arises when the judiciary intervenes in matters related to legislative privileges, as the legislature has the power to govern itself and regulate its members.

A.

Constitutional provisions

B.

Public opinion

C.

Media pressure

D.

Personal bias
Correct Answer: D

Solution:

Judges are expected to be impartial and base their decisions on the law and facts of the case, free from personal bias. Constraints like constitutional provisions, public opinion, and media pressure can influence rulings but personal bias should not.

A.

Appellate Jurisdiction

B.

Original Jurisdiction

C.

Advisory Jurisdiction

D.

Special Powers
Correct Answer: B

Solution:

Original Jurisdiction allows the Supreme Court to settle disputes between states.

A.

To protect the rule of law and ensure supremacy of law

B.

To create new laws

C.

To implement laws

D.

To amend the Constitution
Correct Answer: A

Solution:

The judiciary's primary role is to protect the rule of law and ensure that all individuals are subject to the same laws, safeguarding individual rights and settling disputes.

A.

The judiciary's ability to create laws.

B.

The judiciary's proactive role in interpreting the Constitution and protecting citizens' rights.

C.

The judiciary's role in advising the President on legal matters.

D.

The judiciary's power to enforce laws.
Correct Answer: B

Solution:

Judicial activism refers to the judiciary's proactive role in interpreting the Constitution and protecting citizens' rights, often expanding the scope of fundamental rights.

A.

It allows the Supreme Court to amend the Constitution

B.

It allows the Supreme Court to examine the constitutionality of laws

C.

It allows the Supreme Court to create new laws

D.

It allows the Supreme Court to appoint judges
Correct Answer: B

Solution:

Judicial review allows the Supreme Court to examine the constitutionality of laws and declare them unconstitutional if they violate the Constitution.

A.

The Supreme Court enacting new laws

B.

The Supreme Court directing CBI to investigate corruption cases

C.

The Supreme Court appointing judges

D.

The Supreme Court conducting elections
Correct Answer: B

Solution:

Judicial activism involves the judiciary taking active roles, such as directing investigations in corruption cases.

A.

To create laws and policies for the government.

B.

To interpret laws and protect the Constitution.

C.

To enforce laws and ensure public order.

D.

To advise the executive on legal matters.
Correct Answer: B

Solution:

The primary role of the judiciary in a democratic society is to interpret laws, protect the Constitution, and ensure that the rule of law is maintained.

A.

A judge deciding a case based on the merits of the law, without influence from political parties.

B.

A judge consulting with a political leader before making a decision.

C.

A judge altering a decision due to public protest.

D.

A judge receiving directives from the executive branch on how to rule.
Correct Answer: A

Solution:

Independence of judiciary means judges must be able to perform their functions without fear or favour, and without interference from the other branches of government.

A.

The power to appoint judges

B.

The power to examine the constitutionality of laws

C.

The power to amend the Constitution

D.

The power to enforce laws
Correct Answer: B

Solution:

Judicial review is the power of the Supreme Court to examine the constitutionality of laws.

A.

Judges can make arbitrary decisions without accountability.

B.

The judiciary operates without interference from the executive and legislature.

C.

Judges are appointed by the President without any consultation.

D.

The judiciary can amend the Constitution as needed.
Correct Answer: B

Solution:

Independence of the judiciary means it operates without interference from the other branches of government, ensuring fair and impartial justice.

A.

A case involving the interpretation of the Constitution.

B.

A dispute between two or more states.

C.

An appeal from a High Court decision.

D.

A request for advisory opinion from the President.
Correct Answer: B

Solution:

The Supreme Court's original jurisdiction involves cases that directly come to it without being heard by lower courts, such as disputes between states or between the center and states.

A.

The judiciary creating new laws

B.

The judiciary advising the President on legal matters

C.

The judiciary issuing directions to executive agencies

D.

The judiciary implementing government policies
Correct Answer: C

Solution:

Judicial activism involves the judiciary taking an active role in ensuring justice by issuing directions to executive agencies, as seen in cases like the hawala case.

A.

The Supreme Court examines a law passed by Parliament to determine if it violates the Constitution.

B.

The Supreme Court advises the President on a matter of public importance.

C.

The Supreme Court settles a dispute between two states.

D.

The Supreme Court hears an appeal from a lower court.
Correct Answer: A

Solution:

Judicial review refers to the power of the Supreme Court to examine the constitutionality of legislative acts and to invalidate laws that are found to be unconstitutional.

A.

It resolves disputes between the Union and the States.

B.

It advises the President on state matters.

C.

It enacts laws to define state boundaries.

D.

It appoints Governors for the states.
Correct Answer: A

Solution:

The Supreme Court plays a crucial role in maintaining the federal structure by resolving disputes between the Union and the States, ensuring that the distribution of powers as laid down by the Constitution is respected.

A.

Constitution

B.

Public opinion

C.

Media

D.

Financial incentives
Correct Answer: D

Solution:

The text mentions factors like the Constitution, public opinion, and media as constraints over judges, but financial incentives are not listed as a constraint.

A.

Judges are appointed by the executive without any consultation.

B.

Judiciary functions without interference from the executive and legislature.

C.

Judges can be removed by the executive at any time.

D.

Judges are elected by the public to ensure accountability.
Correct Answer: B

Solution:

Independence of the judiciary means that the judiciary should be free from any interference by the executive or legislature, and judges should be able to make decisions without fear or favor.

A.

Judiciary's power to amend the Constitution

B.

Legislature's power to appoint judges

C.

Judiciary's intervention in legislative privileges

D.

Legislature's role in conducting elections
Correct Answer: C

Solution:

There is ongoing debate about whether the judiciary can intervene in legislative privileges.

A.

Original Jurisdiction

B.

Appellate Jurisdiction

C.

Advisory Jurisdiction

D.

Judicial Review
Correct Answer: D

Solution:

Judicial Review is the power of the Supreme Court to examine the constitutionality of any law and declare it unconstitutional if it violates the provisions of the Constitution.

A.

By allowing judges to make laws directly.

B.

By enabling courts to hear cases on behalf of those who cannot approach the court themselves.

C.

By giving the judiciary the power to appoint judges.

D.

By allowing the judiciary to control the executive's actions.
Correct Answer: B

Solution:

PIL allows public-spirited individuals or organizations to file cases on behalf of those whose rights are violated but cannot approach the court themselves, thus expanding the judiciary's role in protecting rights.

A.

PIL allows only government officials to file cases in the interest of the public.

B.

PIL enables individuals to file lawsuits for personal grievances.

C.

PIL allows citizens to approach the court for the protection of public interest even if they are not directly affected.

D.

PIL restricts the judiciary from hearing cases related to social issues.
Correct Answer: C

Solution:

Public Interest Litigation allows citizens to approach the judiciary for the protection of public interest, even if they are not directly affected by the issue.

A.

Settling disputes between states and the Union

B.

Advising the President on matters of public importance

C.

Enacting new laws for the country

D.

Issuing writs to protect fundamental rights
Correct Answer: C

Solution:

The Supreme Court of India does not have the power to enact laws; this is the function of the legislature. The Court's functions include settling disputes, advising the President, and issuing writs.

A.

Issuing writs to protect fundamental rights

B.

Conducting elections

C.

Formulating economic policies

D.

Managing public health
Correct Answer: A

Solution:

The Supreme Court can issue writs like Habeas Corpus to protect fundamental rights.

A.

It allows the judiciary to make laws

B.

It enables the judiciary to examine the constitutionality of laws

C.

It permits the judiciary to enforce laws

D.

It allows the judiciary to conduct elections
Correct Answer: B

Solution:

Judicial review allows the judiciary to examine and ensure laws are consistent with the Constitution.

A.

To create laws

B.

To implement laws

C.

To interpret and protect the Constitution

D.

To manage public funds
Correct Answer: C

Solution:

The judiciary's primary role is to interpret and protect the Constitution, ensuring that laws are applied fairly and consistently.

A.

Strengthening the separation of powers by limiting the judiciary's role.

B.

Increasing the judiciary's role in policy-making and governance.

C.

Reducing the influence of public opinion on judicial decisions.

D.

Limiting the judiciary's ability to interpret the Constitution.
Correct Answer: B

Solution:

Judicial activism often involves the judiciary taking a more active role in policy-making and governance, sometimes leading to conflicts with other branches of government.

A.

When held guilty for breach of parliamentary privileges.

B.

When facing disciplinary action by the legislature.

C.

When accused of contempt of court.

D.

When involved in a criminal case unrelated to legislative duties.
Correct Answer: C

Solution:

A member of the legislature can seek protection from the courts in cases of contempt of court, as this falls under the judiciary's jurisdiction.

A.

The judiciary's power to amend the Constitution.

B.

The Parliament's power to appoint judges.

C.

The judiciary's power to interpret the Constitution and invalidate unconstitutional laws.

D.

The Parliament's power to conduct judicial reviews.
Correct Answer: C

Solution:

The judiciary's power to interpret the Constitution and invalidate laws that are deemed unconstitutional can lead to conflicts with the Parliament, which may see this as an encroachment on its legislative powers.

A.

The judiciary's power to interpret laws.

B.

The legislature's power to amend the Constitution.

C.

The judiciary's power to strike down unconstitutional laws.

D.

The legislature's power to appoint judges.
Correct Answer: C

Solution:

A potential source of conflict is the judiciary's power to strike down laws that it deems unconstitutional, which can be seen as infringing on the legislature's power to make laws.

A.

Judges are appointed by the legislature to ensure accountability.

B.

Judges can make decisions without interference from the executive or legislature.

C.

The judiciary can amend the Constitution independently.

D.

Judges are elected by the public to maintain democratic principles.
Correct Answer: B

Solution:

Independence of the judiciary means that judges can make decisions without interference from the other branches of government, ensuring fair and unbiased justice.

A.

Create new laws

B.

Examine the constitutionality of laws

C.

Enforce laws

D.

Appoint judges
Correct Answer: B

Solution:

Judicial review allows the Supreme Court to examine the constitutionality of laws and declare them unconstitutional if they violate the Constitution.

A.

Public opinion

B.

Judges' personal beliefs

C.

Media influence

D.

Political party policies
Correct Answer: A

Solution:

Public opinion is one of the factors that can act as a constraint on judges when giving rulings, as it can influence the perception and acceptance of judicial decisions.

A.

The Parliament has the power to interpret the Constitution.

B.

The executive can amend the Constitution without judicial review.

C.

The judiciary can declare laws unconstitutional if they violate the Constitution.

D.

The judiciary can make laws for the states.
Correct Answer: C

Solution:

The judiciary has the power of judicial review, allowing it to declare laws unconstitutional if they violate the Constitution, thus maintaining the separation of powers.

A.

The active role of the judiciary in interpreting laws and protecting rights

B.

The judiciary's involvement in legislative processes

C.

The judiciary's role in executing laws

D.

The judiciary's function in conducting elections
Correct Answer: A

Solution:

Judicial activism refers to the active role of the judiciary in interpreting laws and protecting the rights of citizens, often through Public Interest Litigations.

A.

The judiciary issuing directions to executive agencies in matters of administration.

B.

The executive appointing judges based on seniority.

C.

The judiciary interpreting laws passed by the legislature.

D.

The executive implementing laws passed by the legislature.
Correct Answer: A

Solution:

Judicial directions to executive agencies can be seen as overreach, leading to potential conflicts between the judiciary and the executive.

A.

To create new fundamental rights

B.

To protect and enforce fundamental rights

C.

To amend fundamental rights

D.

To ignore fundamental rights
Correct Answer: B

Solution:

The judiciary protects and enforces fundamental rights, ensuring they are upheld according to the Constitution.

A.

The power to review laws passed by the Parliament

B.

The authority to issue directives to lower courts

C.

The ability to issue orders to protect fundamental rights

D.

The capacity to amend the Constitution
Correct Answer: C

Solution:

The writ jurisdiction allows the Supreme Court to issue orders such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to protect the fundamental rights of individuals.

A.

Yes, the judiciary can intervene in all legislative matters.

B.

No, the judiciary cannot intervene in matters of legislative privilege.

C.

Yes, but only if the breach involves a fundamental right.

D.

No, unless the executive branch requests judicial intervention.
Correct Answer: B

Solution:

The judiciary generally cannot intervene in matters of legislative privilege, as the legislature has the power to govern itself and regulate the behavior of its members.

A.

The Supreme Court issues a directive to the Central Bureau of Investigation (CBI) to investigate a high-profile corruption case.

B.

The Parliament amends the Constitution to include a new fundamental right.

C.

The President of India seeks advice from the Supreme Court on a matter of public importance.

D.

A High Court hears an appeal from a lower court regarding a civil dispute.
Correct Answer: A

Solution:

Judicial activism refers to the proactive role of the judiciary in enforcing rights and ensuring justice, often by directing executive actions. In this case, the Supreme Court directing the CBI to investigate a corruption case is an example of judicial activism.

True or False

Correct Answer: True

Solution:

The Supreme Court of India can review its own decisions, acknowledging the possibility of errors and ensuring justice is served.

Correct Answer: True

Solution:

The Supreme Court has the power of judicial review, which allows it to examine the constitutionality of any law and declare it unconstitutional if it violates fundamental rights.

Correct Answer: True

Solution:

The Supreme Court can review laws if they are inconsistent with the distribution of powers laid down by the Constitution, thus protecting the federal structure.

Correct Answer: True

Solution:

The Supreme Court has advisory jurisdiction, which allows it to advise the President on matters of public importance and law.

Correct Answer: False

Solution:

The judiciary and legislature have distinct roles, and the judiciary does not have the authority to intervene in the functioning of the legislature.

Correct Answer: False

Solution:

Public interest litigation allows individuals or organizations to approach the courts on behalf of others, even if they are not personally aggrieved, thus broadening access to justice.

Correct Answer: False

Solution:

The judiciary and the Parliament have distinct roles, and while the judiciary can review laws for constitutionality, it does not interfere with the legislative process.

Correct Answer: True

Solution:

The Supreme Court has the power of judicial review, which allows it to examine the constitutionality of laws and declare them unconstitutional if they violate the Constitution.

Correct Answer: True

Solution:

The Supreme Court has the power to issue writs like Habeas Corpus and Mandamus to protect the fundamental rights of individuals.

Correct Answer: True

Solution:

PIL enables individuals or organizations to file cases on behalf of those whose rights have been violated, even if they are not directly affected.

Correct Answer: True

Solution:

The Supreme Court has the power to issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to protect fundamental rights.

Correct Answer: True

Solution:

Judicial activism, particularly through Public Interest Litigation (PIL), has expanded the powers of the judiciary in India, allowing it to address issues affecting the rights of citizens.

Correct Answer: False

Solution:

The appointment of judges in India is not free from political influence. It involves various political figures and has been a subject of political controversy.

Correct Answer: False

Solution:

The Constitution provides that the conduct of judges cannot be discussed in the Parliament.

Correct Answer: False

Solution:

The term 'judicial review' is not mentioned in the Constitution, but the Supreme Court has the implicit power to review laws for constitutionality.

Correct Answer: False

Solution:

The legislature has the power to govern itself and regulate the behavior of its members, and the judiciary generally does not intervene in these internal procedures.

Correct Answer: False

Solution:

While the judiciary is independent, it operates within a democratic political structure and is influenced by factors such as public opinion and media.

Correct Answer: True

Solution:

Judicial activism, through practices like Public Interest Litigation, has helped in expanding the scope of fundamental rights by addressing issues like forced labor and inhuman working conditions.

Correct Answer: False

Solution:

Public Interest Litigation has significantly enhanced the protection of fundamental rights by allowing courts to address issues affecting the public interest, even when individuals are not directly affected.

Correct Answer: True

Solution:

Judicial review is the power of the Supreme Court to examine the constitutionality of laws and declare them unconstitutional if they violate the Constitution.

Correct Answer: False

Solution:

The judiciary in India performs both legal and political functions, including interpreting and protecting the Constitution.

Correct Answer: True

Solution:

The Supreme Court can use its review powers to declare a law unconstitutional if it violates the federal distribution of powers as laid down by the Constitution.

Correct Answer: True

Solution:

PIL allows individuals or groups to file cases on behalf of others whose rights have been violated, even if they are not directly affected.

Correct Answer: True

Solution:

PIL allows courts to consider cases filed not by the aggrieved persons but by others on their behalf, making it possible to address issues affecting the poor and disadvantaged.

Correct Answer: False

Solution:

Judicial activism, through mechanisms like Public Interest Litigation, has expanded the scope of fundamental rights and made them more meaningful for disadvantaged sections.

Correct Answer: False

Solution:

The judiciary can intervene in legislative matters, especially when there are constitutional violations or breaches of fundamental rights.

Correct Answer: True

Solution:

The judiciary is not only responsible for settling disputes but also plays a significant role in interpreting and protecting the Constitution, which involves political functions.

Correct Answer: True

Solution:

The judiciary is crucial in interpreting and protecting the Constitution, as highlighted in the provided excerpts.

Correct Answer: False

Solution:

The term 'judicial review' is not explicitly mentioned in the Indian Constitution, but the Supreme Court's power to review the constitutionality of laws is implied.

Correct Answer: False

Solution:

Judicial activism can lead to conflicts between the judiciary and other branches, as it involves the judiciary taking an active role in interpreting the Constitution and protecting rights, sometimes challenging legislative and executive actions.

Correct Answer: True

Solution:

The Supreme Court has advisory jurisdiction, which allows it to advise the President on matters of public importance and law.

Correct Answer: True

Solution:

The judiciary in India not only acts as an arbitrator in disputes but also performs political functions, playing a crucial role in interpreting and protecting the Constitution.

Correct Answer: True

Solution:

Independence of the judiciary means that the other organs of the government should not interfere with its decisions, allowing judges to perform their functions without fear or favor.

Correct Answer: True

Solution:

The judiciary is designed to be independent to protect the rule of law and ensure justice without political interference.

Correct Answer: True

Solution:

The judiciary is not only involved in resolving disputes but also plays a significant role in interpreting and protecting the Constitution.

Correct Answer: True

Solution:

Judicial activism, through public interest litigation and other means, has expanded the scope of fundamental rights by addressing violations and ensuring meaningful rights for disadvantaged sections.

Correct Answer: True

Solution:

PIL has enabled the courts to consider cases that involve public interest, even if the aggrieved persons do not file the case themselves.

Correct Answer: False

Solution:

While the judiciary is independent in its functioning, the appointment of judges is part of the political process and can be influenced by political considerations.

Correct Answer: False

Solution:

While the judiciary is independent, it interacts with the executive and legislature, often leading to conflicts, especially regarding the interpretation of the Constitution and fundamental rights.

Correct Answer: False

Solution:

The judiciary's interference in legislative business is seen as a violation of parliamentary sovereignty, indicating it should not interfere.

Correct Answer: True

Solution:

The independence of the judiciary in India is ensured by the separation of powers and the judiciary's ability to function without interference from the executive or legislature.

Correct Answer: False

Solution:

The appointment of judges has been a part of the political process and has never been free from political controversy.

Correct Answer: True

Solution:

Judicial activism and Public Interest Litigation (PIL) have revolutionized the functioning of the judiciary, making it more accessible and responsive to the needs of the public.