CLASS: XI
SECTION: AE
SUBJECT: POLITICAL SCIENCE
SESSION: 2024-25
CHAPTER 6: JUDICIARY
NOTES
Questions and Answers:
Q1. Why do we need an independent Judiciary?
Ans 1: Independence of the judiciary means a fair and neutral judicial system of a country, which can take its decision
without any interference of the executive or legislative branch of government. An independent judiciary is required for
the following reasons:
To protect rule To settle
of law and ensure disputes in
supremacy of accordance with
law. the law.
To ensure that
democracy does
To safeguard not give way to
the rights of the
individual or
individual.
group
dictatorship.
Q2. Does independence of judiciary mean that the judiciary is not accountable to anyone?
Ans 2: The independence of judiciary does not mean that judiciary is not accountable to anyone. But it means that-
Independence of Judiciary
1.No other organ of the
government (executive and 1.The judges can perform their
legislature) would restrain and functions without any fear or
interfere in the functioning and favouritism.
decision making of judiciary.
Judiciary is a part of the democratic political structure of the country. Therefore, it is accountable to the Constitution,
to the democratic traditions and to the people of the country.
Q3. What are the different provisions in the Constitution in order to maintain the independence of judiciary?
Ans 3: The different provisions in the constitution in order to maintain the independence of judiciary are:
Appointment of judges: The legislature is not involved in the process of appointment of judges and thereby it
ensures party politics would not play a role in the process of appointments.
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Security of tenure: The judges have a fixed tenure and they hold office till reaching the age of retirement. (Only
in exceptional cases, judges may be removed.) This provision ensures that judges could function without fear or
favour.
Financial dependence: 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.
Power to Punish the Contempt: The actions and decisions of the judges are immune from personal criticisms.
The judiciary has the power to penalise those who are found guilty of contempt of court.
Q4. How is a Judge appointed?
Ans 4: Whenever a vacancy is expected to arise in the office of a Judge of the Supreme Court, the Chief Justice of
India will initiate proposal and forward his recommendation to the Union Minister of Law, Justice and Company
Affairs to fill up the vacancy
The Chief Justice of India and Appointment to the office of Whenever there is any doubt
the Judges of the Supreme Court the Chief Justice of India should about the fitness of the senior-
are appointed by the President be of the senior-most Judge of most Judge to hold the office of
under clause (2) of Article 124 of the Supreme Court considered fit the Chief Justice of India,
the Constitution. to hold the office. The Union consultation with other Judges as
Minister of Law, Justice and envisaged in Article 124 (2) of the
Company Affairs would, at the Constitution would be made for
appropriate time, seek the appointment of the next Chief
recommendation of the outgoing Justice of India.
Chief Justice of India for the
appointment of the next Chief
Justice of India.
Q5. What are the powers of supreme court?
Ans 5: The functions and responsibilities of the Supreme Court are defined by the Constitution. The Supreme Court
has specific jurisdiction or scope of powers which can broadly be categorised into 4 parts:
Original jurisdiction
1. Original jurisdiction means cases that can be directly considered by the Supreme
Court without going to the lower courts before that.
2. In any federal country, legal disputes are bound to arise between the Union and the
States; and among the States themselves. In such situations, the power to resolve
such cases/ is entrusted to the Supreme Court of India.
Writ Jurisdiction
1. Any individual whose fundamental rights has been violated can directly
approach Supreme court. In such situation, both the Supreme court and high
courts can order Writs and it is on the individual, whether they want to
approach high court or supreme court.
2. Through such writs, court can order executive whether to act or not to act.
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Advisory Jurisdiction
Advisory jurisdiction means that the President of India can refer any matter that is of
public importance or that which involves interpretation of Constitution to Supreme Court
for advice.
However, the Supreme Court is not bound to give advice on such matters and the
President is not bound to accept such an advice.
Appellate Jurisdiction
1. Appellate jurisdiction means that the power of a superior or higher court to hear and
decide appeals against the judgment of the lower court is called appellate jurisdiction. If
the Court thinks that the law or the Constitution has a different meaning from what the
lower courts understood, then the Supreme Court will change the ruling and along with
that also give new interpretation of the provision involved.
2. The Supreme Court is the highest court of appeal. A person can appeal to the Supreme
Court against the decisions of the High Court. (However, High Court must certify that the
case is fit for appeal)
(The High Courts also have the power of appellate jurisdiction over the decisions given by
courts below them)
Q6. What is a PIL and why was it introduced? (OR In what way can public interest litigation help the poor?)
Ans 6:
The term "Public Interest" means the larger interests of the public, general welfare and interest of the masses
and the word “Litigation” means "a legal action including all proceedings therein, initiated in a court of law
with the purpose of enforcing a right or seeking a remedy.
Thus, the expression, “Public Interest Litigation” refers to legal practices undertaken to help economically
weak or marginalized people, or to effect change in social policies in the public interest, on ‘not for profit’
terms. PIL is an instrument by which groups, organisations or individuals can file a case in court on behalf of
the aggrieved person.
PIL was introduced for bringing justice to poor and needy. Initially, poor could not approach the court because
of less legal knowledge and less financial resources. But, after 1980s, supreme court came out with Public
interest litigation in which the public spirited individual or voluntary organisation can file a case on behalf of
aggrieved.
For example: In 1979, an advocate filed a petition after reading about Bihar inmates spending long years in
jail than their punishment would have required. Supreme court took up the matter and it became famous as
one of the early PILs.
Q7. What are the disadvantages of Public Interest Litigation and Judicial Activism?
Ans 7: It has overburdened the courts and has blurred the line of distinction between the executive and legislature on
the one hand and the judiciary on the other.
Q8. How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the
scope of fundamental rights?
Ans 8: Judicial activism is related to the protection of fundamental rights as it has made the judiciary more
approachable by the common people seeking justice.
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The Supreme Court has the power to remedy the violation of fundamental rights by issuing writs of
Habeas Corpus and Mandamus (Article 32 for Supreme Court and 226 for High Court).
The Supreme Court can declare the concerned law as unconstitutional and therefore non-operational (article13)
The Public Interest Litigation helps the poor to fight against discrimination.
Inhuman working conditions, sexual exploitation of the children, blinding of the jail inmates by the police
are some of the cases that have been considered by the courts, which has made rights meaningful and
useful for the poor and disadvantaged people.
Issues related to better living conditions, like clean air and water and pollution free environment, have
also helped in the expansion of the scope of fundamental rights.
Q9. Write a short note on Judicial Review.
Ans 9:
1. Judicial review is the power of the courts to consider the constitutionality of acts of organs of Government and
declare it unconstitutional if it violates or is inconsistent with the basic principles of the Constitution. In other
word, it is a doctrine under which executive and legislative actions are reviewed by the judiciary.
2. This means that the power of the legislature to make laws is not absolute and that the validity and
constitutionality of such laws are subject to review by the courts.
Q10. Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?
Ans 10: Judicial activism can lead to a conflict between the judiciary and the executive because of the
interference of the judiciary in the domain of the executive as it violates the democratic principle of respecting the
powers and jurisdiction of each organ of government. When judiciary assumes the roles and functions of the
legislature and executive, thus diluting the concept of separation of powers, it becomes judicial overreach.
Unrestrained activism on the part ofjudiciary often leads to its overreach.
(Article 142 and judicial review have been put to many constructive uses but some actions like declaring the NJAC
(National Judicial Appointment Commission) unconstitutional as it tried to apply checks on judicial power highlight
the need for judicial restraints in the exercise of judicial review.)
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