Judiciary - Class 11 Political Science - Chapter 6 - Notes, NCERT Solutions & Extra Questions
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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.
The independence of the judiciary is ensured through several mechanisms:
i. Consultation of the Chief Justice in the appointment of other Supreme Court judges helps maintain independence by preventing undue political influence.
ii. Security of tenure, where judges are not removed before the age of retirement, ensures that judges can make decisions without fear of losing their job.
iv. Exclusion of Parliament in the appointment of judges prevents political considerations from influencing judicial appointments.
The odd one out is:
iii. Judge of a High Court cannot be transferred to another High Court. This is incorrect as High Court judges can be transferred, which is sometimes seen as a way to maintain judicial impartiality.
Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.
No, independence of the judiciary does not mean it is unaccountable. Independence primarily ensures that the judiciary can operate without undue influence from the executive and legislative branches of government. However, the judiciary is still accountable to the Constitution, the law, and democratic principles. It is also accountable to the public through various mechanisms like judicial reviews, appeals in higher courts, and ethical standards set for judges. Thus, judicial independence coexists with accountability to uphold justice impartially and fairly.
What are the different provisions in the constitution in order to maintain the independence of judiciary?
The independence of the judiciary in India is safeguarded through several constitutional provisions. Firstly, appointment of judges is largely insulated from executive and legislative influence, involving the Chief Justice and a collegium of Supreme Court judges. Fixed tenure ensures judges serve until a mandated retirement age, barring exceptional circumstances. Additionally, the constitution secures financial independence as salaries and allowances of judges are not subject to parliamentary scrutiny. Judges also enjoy protection from personal criticism and their conduct cannot be discussed in Parliament, ensuring they can adjudicate without fear or favor.
Read the news report below and identify the following aspects:
$\sqrt{ }$ What is the case about?
$\sqrt{ }$ Who has been the beneficiary in the case?
$\sqrt{ }$ Who is the petitioner in the case?
$\sqrt{ }$ Visualise what would have been the different arguments put forward by the company.
$\sqrt{ }$ What arguments would the farmers have put forward?
## Supreme Court orders REL to pay Rs 300 crore to Dahanu farmers
Our Corporate Bureau 24 March 2005
Mumbai: The Supreme Court has ordered Reliance Energy to pay Rs. 300 crore to farmers who grow the chikoo fruit in the Dahanu area outside Mumbai. The order comes after the chikoo growers petitioned the court against the pollution caused by Reliance's thermal power plant.
Dahanu, which is $150 \mathrm{~km}$ from Mumbai, was a self-sustaining agricultural and horticultural economy known for its fisheries and forests just over a decade ago, but was devastated in 1989 when a thermal power plant came into operation in the region. The next year, this fertile belt saw its first crop failure. Now, 70
## Chapter 6: Judiciary
per cent of the crop of what was once the fruit bowl of Maharashtra is gone. The fisheries have shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered ground water and polluted the entire eco-system. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, and in spite of a Supreme Court order backing the order the pollution control plant was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for installation process in 2004. As the pollution control plant is still not set up, the Dahanu Taluka Environmental Protection Authority asked Reliance for a bank guarantee of Rs. 300 crores.
$\sqrt{}$ What is the case about?
The case is about environmental pollution caused by Reliance Energy's thermal power plant in Dahanu, which significantly impacted the local agriculture and ecosystem, particularly affecting chikoo fruit farmers.
$\sqrt{}$ Who has been the beneficiary in the case?
The beneficiary in the case are the chikoo fruit farmers in Dahanu, who were awarded Rs. 300 crore as a directive from the Supreme Court due to damages from pollution.
$\sqrt{}$ Who is the petitioner in the case?
The petitioners in the case are the chikoo fruit farmers from Dahanu, who filed a complaint against the pollution impacts from Reliance Energy’s thermal power plant.
$\sqrt{}$ Visualize what would have been the different arguments put forward by the company.
Reliance Energy might have argued that they have taken over the power plant recently and submitted a schedule for installing pollution control measures. They might have also cited technological and bureaucratic challenges in setting up such facilities swiftly.
$\sqrt{}$ What arguments would the farmers have put forward?
The farmers likely argued that the pollution from the thermal plant destroyed their crops and local environment, leading to economic losses and ecological damage. They would stress the non-compliance with previous Supreme Court orders to install pollution control systems, demonstrating a continuous negligence affecting their livelihood.
Read the following news report and,
$\sqrt{ }$ Identify the governments at different levels
$\sqrt{ }$ Identify the role of Supreme Court
$\sqrt{ }$ What elements of the working of judiciary and executive can you identify in it?
$\sqrt{ }$ Identify the policy issues, matters related to legislation, implementation and interpretation of the law involved in this case.
## Centre, Delhi join hands on CNG issue
By Our Staff Reporter, The Hindu 23 September 2001
NEW DELHI, SEPT. 22. The Centre and the Delhi Government today agreed to jointly approach the Supreme Court this coming week... for phasing out of all non-CNG commercial vehicles in the Capital. They also decided to seek a dual fuel policy for the city instead of putting the entire transportation system on the single-fuel mode "which was full of dangers and would result in disaster."
It was also decided to discourage the use of CNG by private vehicle owners in the Capital. Both governments would press for allowing the use of 0.05 per cent low sulphur diesel for running of buses in the Capital. In addition, it would be pleaded before the Court that all commercial vehicles, which fulfil the Euro-II standards, should be allowed to ply in the city. Though both the Centre and the State would file separate affidavits, these would contain common points. The Centre would also go out and support the Delhi Government's stand on the issues concerning CNG.
These decisions were taken at a meeting between the Delhi Chief Minister, Ms. Sheila Dikshit, and the Union Petroleum and Natural Gas Minister, Mr. Ram Naik.
Ms. Dikshit said the Central Government would request the court that in view of the high powered Committee appointed under Dr. R.A. Mashelkar to suggest an "Auto Fuel Policy"' for the entire country, it would be appropriate to extend the deadline as it was not possible to convert the entire 10,000-odd bus fleet into CNG during the prescribed time frame. The Mashelkar Committee is expected to submit its report within a period of six months.
The Chief Minister said time was required to implement the court directives. Referring to the coordinated approach on the issue, Ms. Dikshit said this would take into account the details about the number of vehicles to be run on CNG, eliminating long queues outside CNG filling stations, the CNG fuel requirements of Delhi and the ways and means to implement the directive of the court.
The Supreme Court had ...refused to relax the only CNG norm for the city's buses but said it had never insisted on CNG for taxis and auto rickshaws. Mr. Naik said the Centre would insist on allowing use of low sulphur diesel for buses in Delhi as putting the entire transportation system dependent on CNG could prove to be disastrous. The Capital relied on pipeline supply for CNG and any disruption would throw the public transport system out of gear.
$\sqrt{ }$ Identify the governments at different levels:
The governments involved are the Central Government and the Delhi State Government.
$\sqrt{ }$ Identify the role of the Supreme Confirm:
The Supreme Court's role here includes overseeing the implementation of environmental regulations concerning the use of CNG in public transport, ensuring that the legal directives concerning fuel policy are adhered to, and providing a platform for the governments to submit their pleas regarding the transportation fuel policy changes.
$\sqrt{ }$ What elements of the working of judiciary and executive can you identify in it?
The judiciary (Supreme Court) is shown implementing and interpreting environmental laws, ensuring policies are followed by directives. The executive (Central and State Governments) is handling the policy-making, coordination, and execution concerning the adoption of CNG and other fuels.
$\sqrt{ }$ Identify the policy issues, matters related to legislation, implementation and interpretation of the law:
Policy issues include the adoption of CNG and low sulphur diesel as transportation fuels and managing the potential risks of a single-fuel policy. Matters of legislation and implementation involve adhering to Euro-II standards and managing the transition timeline. The interpretation of the law revolves around how strictly environmental guidelines should be enforced, balancing public safety and practical logistics.
The following is a statement about Ecuador. What similarities or differences do you find between this example and the judicial system in India?
"It would be helpful if a body of common law, or judicial precedent, existed that could clarify a journalist's rights. Unfortunately, Ecuador's courts don't work that way. Judges are not forced to respect the rulings of higher courts in previous cases. Unlike the US, an appellate judge in Ecuador (or elsewhere in South America, for that matter) need not provide a written decision explaining the legal basis of a ruling. A judge may rule one way today and the opposite way, in a similar case, tomorrow, without explaining why."
India's judiciary strongly contrasts with Ecuador's as it follows a common law system where judicial precedents and rulings by higher courts hold significant value and are binding on lower courts. Judges are required to provide written judgments that articulate the rationale behind their decisions, ensuring consistency and transparency in legal interpretations. This starkly differs from Ecuador, where judicial decisions lack formal precedent binding and explicative consistency, allowing for potentially varying rulings in similar cases without justification.
Read the following statements: Match them with the different jurisdictions the Supreme Court can exercise - Original, Appellate, and Advisory.
$\sqrt{ }$ 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.
$\sqrt{ }$ In order to resolve the dispute about river Cauvery the government of Tamil Nadu wants to approach the court.
$\sqrt{ }$ Court rejected the appeal by people against the eviction from the dam site.
1. Advisory Jurisdiction: 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. This situation involves seeking legal opinion on matters of public importance or that involves the interpretation of the Constitution, which falls under the Advisory Jurisdiction of the Supreme Court.
2. Original Jurisdiction: In order to resolve the dispute about river Cauvery, the government of Tamil Nadu wants to approach the court. Disputes between states or between the Union and state governments are typically heard under the Original Jurisdiction of the Supreme Court.
3. Appellate Jurisdiction: The court rejected the appeal by people against the eviction from the dam site. This scenario is an example of an appeal against a decision made by a lower court, which is addressed under the Appellate Jurisdiction of the Supreme Court.
In what way can public interest litigation help the poor?
Public Interest Litigation (PIL) helps the poor by enabling access to justice for those who might not be able to afford or approach the courts themselves. Courts accept PILs on behalf of the underprivileged, often based on newspaper articles or letters, to address causes of larger public interest such as environmental issues, basic human rights, and conditions of marginalized groups. This judicial tool empowers and transforms the lives of the disadvantaged, providing a platform to voice societal concerns and seek judicial remedies for widespread problems.
Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?
Yes, judicial activism can lead to conflicts between the judiciary and the executive. This occurs when courts, through active interpretation and decision-making, change policies directly affecting the executive's actions or challenge the government’s decisions. Such judicial interventions can be perceived as overstepping on the functions traditionally handled by the executive or legislative branches, thus leading to tensions. Conflicts may arise over the balance of power and the roles each branch should play in governance.
How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?
Judicial activism is closely linked to the protection and expansion of fundamental rights. Through proactive rulings, courts often interpret laws and the constitution to broaden the understanding and enforcement of these rights, ensuring they adapt to evolving societal needs. This approach has indeed helped in expanding the scope of fundamental rights, by addressing new issues and contexts that were not anticipated at the time of the laws' formulation, thus enhancing individual freedoms and promoting justice.
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Comprehensive Judiciary Class 11 Notes: Everything You Need to Know
Introduction to Judiciary in India
Judiciary, an essential organ of the government, performs crucial functions like settling disputes, interpreting laws, and protecting the Constitution. In India, the judiciary safeguards individuals' rights and ensures rule of law for maintaining democracy.
Why Do We Need an Independent Judiciary?
An independent judiciary is vital for a thriving democracy. It ensures impartiality, protects citizens' rights, and upholds the rule of law. Without independence, judicial decisions could be influenced by political powers, undermining justice and equality.
Ensuring Independence of Judiciary
Methods to Ensure Judicial Independence
The Indian Constitution incorporates several measures to maintain judicial independence:
- Judges are appointed without legislative involvement to avoid political interference.
- Judges enjoy security of tenure, only being removed through a difficult process.
- Judiciary is financially independent from the executive and legislature.
- Actions and decisions by judges are protected from unjust criticism.
Role of the Constitution in Protecting Judicial Independence
The Constitution provides that the salaries and allowances of judges are not subject to legislative approval. This helps ensure that judges can make decisions without fear or favour.
Appointment and Removal of Judges
Appointment of Judges
Judges in India are appointed by the President in consultation with senior judges. This collegium system aims to minimise political influence. Although occasionally mired in controversy, this process is critical for preserving judicial independence.
Removal of Judges
Judges can be removed only on grounds of proven misbehaviour or incapacity. The process involves approval by a special majority in both Houses of the Parliament, adding another layer of security to their tenure.
Structure of the Indian Judiciary
India’s judiciary is a single integrated system with the following hierarchy:
graph TD;
Supreme_Court --> High_Courts;
High_Courts --> Subordinate_Courts;
style Supreme_Court fill:#f9f,stroke:#333,stroke-width:4px
style High_Courts fill:#bbf,stroke:#333,stroke-width:2px
style Subordinate_Courts fill:#bbf,stroke:#333,stroke-width:2px
Supreme_Court[Supreme Court]
High_Courts[High Courts]
Subordinate_Courts[Subordinate Courts]
Jurisdiction of the Supreme Court
Original Jurisdiction
The Supreme Court directly considers cases such as federal disputes between states or between the central and state governments.
Writ Jurisdiction
Individuals can approach the Supreme Court directly for violations of fundamental rights. The court can issue writs to enforce these rights.
Appellate Jurisdiction
The Supreme Court serves as the highest court of appeal. It can review cases from lower courts and grant new interpretations of law.
Advisory Jurisdiction
The President can seek advice from the Supreme Court on matters of public importance or constitutional interpretation. However, this advice is not binding.
Judicial Activism and Public Interest Litigation (PIL)
Judicial activism and Public Interest Litigation (PIL) have transformed India’s judiciary by making it more accessible to the public.
Evolution and Significance of Judicial Activism
Judicial activism gained momentum in India around 1979, where courts began considering cases based on newspaper reports and postal complaints, thereby making the judiciary more people-centric.
Landmark Cases and Impact of PILs
- Hussainara Khatoon vs. Bihar (1979): Highlighted the plight of undertrial prisoners, prompting judicial intervention.
- Sunil Batra vs. Delhi Administration (1980): Exposed physical torture in prison, setting a precedent for human rights cases.
Judicial Review
Meaning and Scope of Judicial Review
Judicial review allows the Supreme Court to evaluate the constitutionality of laws. This power ensures that any law inconsistent with the Constitution is struck down.
Judiciary and Fundamental Rights
Protecting Fundamental Rights
The judiciary has two methods to remedy rights violations:
- Issuing writs to restore fundamental rights.
- Declaring unconstitutional laws non-operational.
Judiciary and Parliament
Historical Conflicts
Key issues have often sparked conflict between the judiciary and Parliament:
- Scope of property rights.
- Parliament's power to amend the Constitution.
- Judicial intervention in legislative matters.
Kesavananda Bharati Case Significance
The Kesavananda Bharati case (1973) established the "Basic Structure Doctrine," declaring that certain elements of the Constitution cannot be altered by Parliament.
Conclusion
Judiciary in India is a powerful yet balanced institution essential for protecting democracy and citizens’ rights. Despite occasional tensions between the judiciary and other branches, its role remains pivotal in upholding justice.
Generated image for illustrating India's judicial structure:
This structure shows the hierarchy from the Supreme Court at the top to High Courts and then Subordinate Courts.
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