Judiciary

Judicial Review is adopted from which nation?

Judicial Review is adopted from the United States of America.
What a short note on the functions of the high court.
The functions of High Court are as follows:
 It hears appeal from lower court.
 It can issue writs for restoration of Fundamental Rights.
 It can deal with cases within the jurisdiction of the state.
 It exercises superintendence and control over courts below it.

How the judges can be removed?

Once appointed the judges can hold office until they complete 65 years. They cannot
be removed during their tenure except on proved misbehaviour or incapacity. The
judges can only be removed through impeachment. The procedure for their removal is
very difficult. The motion has to be passed by a majority of the total members of both
houses of the Parliament.

Who appoints the judges of the Supreme Court?

The judges of the Supreme Court are appointed by the President and their
qualifications are prescribed in the Constitution.

What action is taken by the court against a person who has unlawfully occupied
a post for which he is not eligible?
The Writ of Quo Warranto is issued by the Supreme Court or the High Court against a
person who has unlawfully occupied a public post for which he is not eligible. If the
Court decides that the concerned person is not eligible to occupy a post for which he
is not entitled then the Court may issue an order to vacate the post.

Write a short note on the importance of Judiciary.

The principle of Separation of Powers ensures independence of judiciary, which plays
an important role in the governance.
 Judiciary interprets the constitution and the laws passed by the legislature.
 It safeguards the freedom of the citizens by protecting their Fundamental Rights
against the undue interference by the legislature and executive.
 It plays an important role in keeping the union and state governments within their
respective jurisdictional spheres.

Mention Dicey's view on the Rule of Law.

The concept of Rule of Law was given by the British political thinker A.V. Dicey.
Rule of Law implies that all individuals- rich or poor, men or women, are subject to
the same law and no one is above law.

Mention the role of judiciary in a democracy.

The role of 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.

What is the purpose of Judicial Review?

The purpose of Judicial Review is to act as a constitutionally mandated check on the
legislative and executive powers whenever they out-reach the constitutional
limitations.
What a short note on the jurisdictions of the District Courts.
The District Courts
 Deals with the cases that originate in the districts.
 Considers appeals on decisions given by lower courts.
 Decides cases involving serious criminal offences.

Write short note on the Writ Jurisdiction.

Any individual whose Fundamental Right has been violated can directly move to the
court for remedy. The Supreme Court can give special orders in the form of writs. The
High Court can also issue writs. The citizens whose rights are violated have the
choice of either approaching the high court or the Supreme Court directly. Through
such writs, the court can give orders to the executive to act or not to act in a particular
way.

Are the decisions made by the Supreme Court binding on all the courts including
the Supreme Court?
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 country. The
Supreme Court itself is not bound by its decision and can review it.

“The doctrine of judicial review is a contribution of the American constitutional

system”. Comment
The doctrine of judicial review is a contribution of the American constitutional
system. This was acquired by the American constitutional system. This was acquired
by the Supreme Court of the USA in Marbury Vs Madison case of 1803 when Chief
Justice Marshall announcing the verdict remarked that any law violating the
Constitutional provisions is null and void. Since then this was increasingly being used
by the US Supreme Court and the concept of judicial supremacy was established.

What does the term '' Judicial Review '' imply?

The power exerted by the Courts to examine the actions of the legislative, executive
and administrative institutions of the government and to ensure that such actions are
in conformity with written provisions of the national constitution is termed as the
power of judicial review.

Under which article of the Indian Constitution the Supreme Court has been
power to review its own judgements?
The Supreme Court under Article 137 has been power to review its own judgements.

What does the term “Mandamus” imply?

Mandamus means “command”. It is a Latin word that refers to the order of Supreme
Court or High Court commanding a person or a body to do its duty. This writ is issued
not only against individual officials but also against government and subordinate
courts.

“The Supreme Court has an exclusive jurisdiction on cases that originate in the
Court”. Comment
Article 131 of the Indian Constitution explains the original jurisdiction of the
Supreme Court, i.e. cases that directly originate in the Court. The Supreme Court has
an exclusive jurisdiction on disputes between the
 Union of India and one or more states or
 Two or more states

However the cases related to the violation of Fundamental Rights also belong to
original jurisdiction as they may be initiated in Supreme Court itself. However the
original jurisdiction of Supreme Court does not extend to disputes it arises out of any
provision of a treaty, agreement, covenant etc. entered upon before 26th January 1950.

What is the co-relation between the Public Interest Litigation and Judicial
Activism?
Public Interest Litigation (PIL) refers to the power of judicial activism which has seen
the emergence of judicial initiatives in new fields traditionally marked out as
legislative and executive territory. The entry of the Court into the development areas
has changed the dynamics of governance. The methodology adopted by the Supreme
Court for PIL evolved from the unusual nature of the cases brought before the Court
since the eighties. The traditional rule of '' locus standi '' was based on the fact that
judicial remedy can be sought only by those who have suffered an injury due to
violation of a legal right by some public authority. The PIL chose, to liberalize this
rule by holding that for any person to espouse a public cause, individual need not be
directly affected. Class and public actions thus became free from the restrictive rules
of locus standi which still stifle public law in many jurisdictions.

“Powers are divided among the different organs of the government”. Comment
with special reference to the independence of judiciary.
The principle of '' Separation of Powers '' was adopted by the framers of the Indian
Constitution, through which power was divided among the three organs of the
government, i.e. executive, legislature and judiciary. Subsequently all the three organs
were made independent of each other. Independence of Judiciary means:
 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 government should not interfere with the decision of the
judiciary.
 Judges must be able to perform their functions without fear or favour.

“Indian constitution has ensured the independence of judiciary”. Comment

Indian constitution has ensured the independence of judiciary through a number of
ways:
 The legislature is not involved in the process of appointment of judges. Thus,
party politics would not play a role in the process of appointments.
 Judges have a fixed tenure but they can be removed through impeachment.
 Judiciary is not financially dependent on either the executive or legislature. The
salaries and allowance of judges are not subjected to the approval of legislature.

“The Supreme Court under Article 137 has been given the special powers”.
Comment
The Supreme Court under Article 137 has been given the special powers to review its
own judgements. The normal principle is that judgements pronounced are binding
unless substantial and compelling reasons make it necessary to review and revise its
decisions. The court can also override its decisions for compelling reasons due to
errors of omission or commission or as a result of the changing perception of society
on particular issues with changes in time and circumstances.
“The Supreme Court is vested with the power of reviewing and revising the
orders of lower courts”. Comment
'The power of reviewing and revising the orders of lower courts and tribunals by the
Supreme Court is called its appellate jurisdiction. The appellate jurisdiction of the
Supreme Court may be divided under three heads:
 Cases involving interpretation of the constitution civil, criminal or otherwise.
 Civil cases, irrespective of any Constitutional question and
 Criminal cases irrespective of any constitutional question.
Article 132 provides that all appeals from High Court will lie with the Supreme Court
if it involves a substantial question of law as to the interpretation of the constitution
and also if the Court certifies that substantial question of law is involved.

Mention how Judicial Activism has influenced Indian political system.

Judicial Activism has influenced our political system in many ways. It has
democratised the judicial system by ensuring that courts are accessible not only to
individuals but to the groups as well. Secondly, it has forced executive accountability.
Thirdly, it has also made an attempt to make the electoral system much more free and
fair. The contesting candidates are asked to file affidavits by indicating their assets
and income along with educational qualifications, so that the accurate information is
provided to the people.

“The framers of the Indian Constitution provided for an independent and strong
judiciary”. Comment
In the Constituent Assembly, the framing of draft provisions establishing the Supreme
Court was done by the committee of five members: B.N. Rau, K.M. Munshi, M.L.
Mitter, Varada Charian and Alladi Krishnaswamy Ayyar. The framers of the Indian
Constitution provided for an independent and strong judiciary, which would work
within the framework of the Supremacy of the Constitution and a parliamentary form
of democracy in India. However, unlike other federal states, India has a single judicial
system. It is in the shape of a pyramid and the Supreme Court of India stands at the
apex of this single integrated judicial system.

“Supreme Court acts as a guardian of the Fundamental Rights”. Comment

The essence of democracy is found in the part III of the Indian Constitution, which
lays down the Fundamental Rights. These rights are justiciable in the courts of law.
Supreme Court acts as guardian of the Fundamental Rights. A citizen can move to
Supreme Court directly by presenting a petition to it. In order to safeguard the rights
of the citizens the Supreme Court can issue orders, directions and writs like Habeas
Corpus, Mandamus. Article 13(2) of Indian Constitution prohibits the state from
making any laws which takes away or abridges the rights granted to the citizens by
Part III of the Indian constitution. Any law which curtails the Fundamental Rights of
the citizens can be declared null and void by the Supreme Court. The right to
constitutional remedies authorises the citizens to move to the Supreme Court for the
enforcement of Fundamental Rights. In order to protect the Fundamental Rights of
citizens Supreme Court has given some judgements. Constitution has given
Parliament the right to impose restriction on the rights of people but it is up to
Supreme Court to see whether these restrictions are reasonable or not. The
introduction of PIL has safeguarded the rights and interests of the poor and needy. So
along with safeguarding the rights of the citizens, Supreme Court also interprets the
Constitution. Therefore, it is often said that “the Constitution is not what is found in
the books but it is how the judges interprets it”.