Class 11 Political Science Chapter 6 — Judiciary
Welcome to HSLC Guru. This page provides complete ASSEB (Assam State Board of Secondary Education) Class 11 / HS 1st Year Political Science Chapter 6 — Judiciary — question answers. The chapter explains the meaning, structure, independence, jurisdiction and powers of the Indian judiciary. It also discusses Supreme Court, High Courts, judicial review, Public Interest Litigation (PIL), judicial activism, writs and the appointment and removal of judges. All NCERT textbook questions, additional short and long answer questions, and a large MCQ section have been included to help students prepare thoroughly for HS 1st Year final examinations.
Summary
The judiciary is an essential organ of the State whose primary function is to interpret the Constitution, safeguard the fundamental rights of citizens, settle disputes between individuals and between the State and individuals, and uphold the rule of law. India has an integrated and independent judicial system. At the apex stands the Supreme Court of India (Article 124), below it the High Courts in the States (Article 214), and at the bottom the District and Subordinate Courts. The independence of the judiciary is preserved through several constitutional provisions — the appointment of judges does not depend purely on the legislature, judges enjoy a fixed tenure, their salaries and allowances are charged on the Consolidated Fund of India, they can be removed only through a stringent impeachment procedure for proven misbehaviour or incapacity, and personal criticism of judges and of judicial conduct in legislatures is prohibited. The Supreme Court enjoys original, appellate, advisory and writ jurisdictions. Through judicial review the Court examines whether laws made by Parliament or actions taken by the executive are consistent with the Constitution; if not, they can be declared null and void. Public Interest Litigation (PIL), which began around 1979, has democratised access to justice and allowed any public-spirited citizen to approach the Court on behalf of the poor, illiterate or oppressed. Judicial activism — the willingness of courts to act on social and political issues — has further strengthened constitutional rights. The five major writs — Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto — empower the Supreme Court (Article 32) and High Courts (Article 226) to protect fundamental rights. The doctrine of separation of powers ensures that the judiciary remains insulated from undue executive or legislative influence, but at the same time, the judiciary too is bound by the Constitution.
সাৰাংশ
ন্যায়পালিকা ৰাষ্ট্ৰৰ এক অপৰিহাৰ্য অংগ। ইয়াৰ মূল কাৰ্য হ’ল সংবিধানৰ ব্যাখ্যা কৰা, নাগৰিকৰ মৌলিক অধিকাৰ ৰক্ষা কৰা, ব্যক্তি-ব্যক্তিৰ মাজত আৰু ৰাষ্ট্ৰ-ব্যক্তিৰ মাজত উদ্ভৱ হোৱা বিৰোধৰ মীমাংসা কৰা আৰু আইনৰ শাসন বজাই ৰখা। ভাৰতবৰ্ষৰ ন্যায়পালিকা সংহত আৰু স্বাধীন। শীৰ্ষত আছে সৰ্বোচ্চ ন্যায়ালয় (অনুচ্ছেদ ১২৪), তলত আছে ৰাজ্যৰ উচ্চ ন্যায়ালয় (অনুচ্ছেদ ২১৪) আৰু আটাইতকৈ তলত আছে জিলা আৰু অধস্তন ন্যায়ালয়সমূহ। ন্যায়পালিকাৰ স্বাধীনতা ৰক্ষা কৰিবৰ বাবে সংবিধানে কেইবাটাও ব্যৱস্থা গ্ৰহণ কৰিছে — বিচাৰপতিসকলৰ নিযুক্তি প্ৰক্ৰিয়াত আইনসভাৰ একক ক্ষমতা নাই, তেওঁলোকে নিৰ্দিষ্ট কাৰ্যকাল ভোগ কৰে, তেওঁলোকৰ দৰমহা ভাৰতৰ সংযুক্ত পুঁজিৰ পৰা প্ৰদান কৰা হয়, কেৱল প্ৰমাণিত অপব্যৱহাৰ বা অক্ষমতাৰ বাবেহে কঠিন মহাভিযোগ প্ৰক্ৰিয়াৰ যোগেদি অপসাৰণ কৰিব পৰা যায়, আৰু আইনসভাত বিচাৰপতিৰ ব্যক্তিগত চৰিত্ৰ সমালোচনা কৰা নিষিদ্ধ। সৰ্বোচ্চ ন্যায়ালয়ে মূল, আপীলকাৰী, পৰামৰ্শদাতা আৰু লেখাধীকাৰ সম্পৰ্কীয় ক্ষেত্ৰাধিকাৰ ভোগ কৰে। ন্যায়িক পুনৰ্বিচাৰৰ যোগেদি ন্যায়ালয়ে সংসদৰ আইন বা চৰকাৰৰ কাৰ্য সংবিধানৰ বিৰোধী হ’লে অসংবিধানিক ঘোষণা কৰিব পাৰে। ১৯৭৯ চনৰ পৰা আৰম্ভ হোৱা জনস্বাৰ্থ মামলাই (PIL) দৰিদ্ৰ আৰু পিছপৰা শ্ৰেণীৰ লোকসকলৰ বাবে ন্যায়ৰ দ্বাৰ মুকলি কৰি দিছে। বন্দী প্ৰত্যক্ষীকৰণ, পৰমাদেশ, প্ৰতিষেধ, উৎপ্ৰেষণ আৰু অধিকাৰ-পৃচ্ছা — এই পাঁচটা লেখৰ যোগেদি ন্যায়ালয়ে মৌলিক অধিকাৰ ৰক্ষা কৰে। ক্ষমতা পৃথকীকৰণ নীতিয়ে ন্যায়পালিকাক চৰকাৰ আৰু সংসদৰ অযথা হস্তক্ষেপৰ পৰা ৰক্ষা কৰে।
NCERT Textbook Questions and Answers
1. Which of the following best describes the meaning of “Independence of Judiciary”?
- (a) Power to set up an independent judiciary.
- (b) Not to take any advice from anyone in legal matters.
- (c) Not to allow any kind of interference of any other organ except itself in its functioning.
- (d) Authority to declare any law as null and void if it contradicts the Constitution.
Answer: (c) Not to allow any kind of interference of any other organ except itself in its functioning. Independence of judiciary means that the judiciary should be free from interference by the legislature and executive, and that judges may perform their duties without fear or favour.
2. Read the following carefully and answer: Independence of the judiciary does not mean arbitrariness or absence of accountability. Comment.
Answer: Independence of the judiciary does not mean arbitrariness or absence of accountability. The judiciary is part of the democratic political structure of the country, and is therefore accountable to the Constitution, to the democratic traditions and to the people of the country. The independence of the judiciary only means that judges should be able to perform their work without fear of being removed from office, without external influence from the executive or legislature, and that they should be able to issue impartial judgments. However, the judiciary itself must operate within the limits of the Constitution.
3. Discuss briefly the steps adopted by the Constitution to ensure the independence of the judiciary in India.
Answer: The Constitution of India has adopted the following steps to ensure the independence of the judiciary:
- Separation from legislature and executive: The legislature is not involved in the appointment of judges. Hence, party politics or political considerations do not influence the selection process.
- Security of tenure: Judges of the Supreme Court and High Courts hold office until retirement age (65 years for SC, 62 years for HC). They can be removed only through the difficult procedure of impeachment for proven misbehaviour or incapacity.
- Salaries and allowances: The salaries, allowances and pensions of judges are charged on the Consolidated Fund of India and are not subject to vote in the legislature.
- Powers of the courts: Courts have the power to punish anyone for contempt; the Supreme Court and High Courts have the authority to protect their independence and dignity.
- No discussion in legislature: Conduct of judges cannot be discussed in Parliament or State Legislatures, except during impeachment.
- Bar on practice after retirement: A retired judge of the Supreme Court is barred from practising in any Indian court.
4. Read the case again and answer the following questions: How does this case prove that the independence of the judiciary is essential for the proper functioning of democracy?
Answer: The case shows that even when powerful corporate or governmental interests are involved, an independent judiciary can protect ordinary citizens. The Court ordered compensation to be paid to farmers whose lands had been damaged. This demonstrates that:
- Citizens can approach the courts when administrative bodies fail.
- The judiciary can act as an effective check on executive misuse of power.
- An independent judiciary protects fundamental rights, environmental rights and the right to livelihood.
- Without judicial independence, ordinary citizens would have no avenue against powerful organisations.
5. Why do you think that the courts are seen as a key institution for the working of democracy?
Answer: Courts are considered a key institution of democracy because:
- They safeguard the fundamental rights and liberties of citizens.
- They interpret the Constitution and ensure that all laws conform to it.
- They settle disputes between citizens, between governments, and between individuals and the government.
- They uphold the rule of law and the principle that no one is above the law.
- They protect minorities from possible majoritarian tyranny.
- They check abuse of power by the executive and the legislature.
6. In a democracy, judiciary is given an important role. Why?
Answer: In a democracy, the judiciary plays an important role because:
- It acts as the guardian of the Constitution and protects its supremacy.
- It defends fundamental rights against violation by any agency, including the State itself.
- It resolves federal disputes between the Centre and the States.
- It checks the arbitrary actions of the executive through the power of judicial review.
- It ensures impartial justice for all without discrimination.
- It can issue writs to enforce constitutional rights.
7. Distinguish between the original and appellate jurisdictions of the Supreme Court.
| Original Jurisdiction | Appellate Jurisdiction |
|---|---|
| Cases that can be heard directly by the Supreme Court without going to any lower court first. | Power to hear appeals from the judgments of lower courts (High Courts and tribunals). |
| Includes disputes between the Government of India and one or more States. | Includes appeals on civil, criminal and constitutional matters. |
| Disputes between two or more States. | Appeal against death sentence by High Court. |
| Disputes involving the enforcement of fundamental rights. | Appeal in cases involving substantial questions of law or constitutional interpretation. |
| Provided under Article 131. | Provided under Articles 132–136. |
8. The judiciary in India is the most powerful institution. Comment.
Answer: The Indian judiciary is regarded as one of the most powerful judicial systems in the world for the following reasons:
- Judicial review: It can declare laws made by the legislature unconstitutional and acts of the executive illegal if they violate the Constitution.
- Writ jurisdiction: Through the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto, the courts can protect fundamental rights.
- Judicial activism and PIL: The Supreme Court and High Courts have expanded their role to protect the rights of the marginalised through Public Interest Litigation.
- Final interpreter: The Supreme Court is the final interpreter of the Constitution. Its decisions are binding on all courts.
- Independence: The judges are protected from political pressures.
- Wide jurisdiction: Original, appellate, advisory and writ jurisdictions cover almost every dimension of public life.
9. Read the following passage and answer the questions below — “Judicial activism has been instrumental in extending the reach of the judiciary.” Explain.
Answer: Judicial activism refers to the proactive role played by the judiciary in protecting the rights of citizens and ensuring social justice, often by stepping into areas conventionally left to the executive or legislature. It has extended the reach of judiciary in the following ways:
- By accepting Public Interest Litigation (PIL), the Court allowed any concerned citizen to approach it on behalf of the deprived.
- By widening the meaning of fundamental rights, especially Article 21, to include the right to livelihood, education, clean environment, privacy, etc.
- By giving directives to the executive on matters such as pollution control, food security, prison conditions and elections.
- By questioning illegality and corruption among public officials.
- By providing inexpensive justice through suo motu cognizance of news reports and letters.
10. What is judicial review? What is the importance of the power of judicial review for the protection of the Indian Constitution?
Answer: Judicial review is the power of the Supreme Court (and High Courts) to examine the constitutional validity of any law passed by the legislature or any action taken by the executive. If the Court is satisfied that the law or action is inconsistent with the provisions of the Constitution, it can declare such law or action unconstitutional and inapplicable. The importance of judicial review lies in the following points:
- It maintains the supremacy of the Constitution.
- It protects the fundamental rights of citizens against arbitrary laws.
- It maintains federal balance by checking encroachment by the Centre on state powers.
- It controls the abuse of power by the executive.
- It preserves the spirit and structure of the Constitution.
Additional Short Answer Questions
1. What is judiciary?
Answer: The judiciary is that organ of the State which is concerned with the administration of justice. It interprets the laws of the land, decides disputes among individuals and between the State and individuals, and protects citizens’ rights and the Constitution.
2. What do you mean by Rule of Law?
Answer: Rule of Law means that all individuals and the Government are equal before the law. No one is above the law. Everyone is subject to the same laws administered by the same courts. It also means that laws must be applied without arbitrariness.
3. Mention any two functions of the Indian judiciary.
Answer: (i) Interpretation of the Constitution and laws. (ii) Protection of the fundamental rights of citizens.
4. What is meant by an integrated judicial system?
Answer: India has an integrated judicial system, meaning a single hierarchy of courts where the Supreme Court stands at the top, followed by High Courts in the States, and District and Subordinate Courts below them. Decisions of higher courts are binding on lower courts, and the same set of laws apply throughout the country.
5. Who appoints the Chief Justice of India?
Answer: The Chief Justice of India is appointed by the President of India. By convention, the senior-most judge of the Supreme Court is appointed as the Chief Justice.
6. What is the retirement age of a Supreme Court judge?
Answer: The retirement age of a Supreme Court judge in India is 65 years.
7. What is the retirement age of a High Court judge?
Answer: The retirement age of a High Court judge in India is 62 years.
8. Mention the qualifications required for the appointment of a Supreme Court judge.
Answer: A person must be (a) a citizen of India, (b) have served as a High Court judge for at least five years, OR (c) have been a High Court advocate for at least ten years, OR (d) be regarded as a distinguished jurist by the President.
9. What is the procedure for the removal of a Supreme Court judge?
Answer: A judge of the Supreme Court can be removed only on the ground of proven misbehaviour or incapacity. A motion of impeachment must be passed by a special majority (two-thirds of those present and voting and a majority of total membership) in both Houses of Parliament, after which the President issues the order of removal under Article 124(4).
10. What is original jurisdiction of the Supreme Court?
Answer: Original jurisdiction means the power of the Supreme Court to hear certain cases directly, without those cases going to any lower court first. It includes disputes between the Centre and one or more States, between two or more States, and matters involving the enforcement of fundamental rights.
11. What is appellate jurisdiction?
Answer: Appellate jurisdiction means the power of a higher court to hear appeals against the decisions of lower courts. The Supreme Court is the highest court of appeal in India in civil, criminal and constitutional cases.
12. What is advisory jurisdiction of the Supreme Court?
Answer: Under Article 143, the President of India may seek the advice of the Supreme Court on any question of law or fact of public importance. The advice given by the Court is not binding on the President, nor is the Court bound to give such advice.
13. What is writ jurisdiction?
Answer: Writ jurisdiction refers to the power of the Supreme Court (Article 32) and the High Courts (Article 226) to issue directions, orders or writs for the enforcement of fundamental rights and for any other purpose.
14. What is judicial review?
Answer: Judicial review is the power of the courts to examine the constitutional validity of laws and government actions. If a law or action is found inconsistent with the Constitution, the court can declare it null and void.
15. What is Public Interest Litigation (PIL)?
Answer: Public Interest Litigation is a case filed in the courts in the interest of the public — usually by a citizen, a social organisation or even by the court itself (suo motu). The petitioner need not be the directly affected party. PIL emerged in India around 1979.
16. What is judicial activism?
Answer: Judicial activism refers to the active role played by the judiciary in protecting the rights of citizens and promoting justice in society — sometimes by giving directions to the executive or by issuing innovative judgments to address problems of public concern.
17. What is meant by separation of powers?
Answer: Separation of powers is the principle by which the legislature, executive and judiciary are kept separate from each other so that no one organ becomes too powerful. Each performs distinct functions and acts as a check on the others.
18. Mention the structure of the judiciary in India.
Answer: The Indian judiciary has three tiers — (i) the Supreme Court at the apex, (ii) the High Courts at the State level, and (iii) the District and Subordinate Courts at the lower level.
19. Under which Article is the Supreme Court of India established?
Answer: The Supreme Court of India is established under Article 124 of the Constitution.
20. Under which Article is each High Court in a State established?
Answer: Article 214 of the Constitution provides for a High Court for each State.
21. What is the meaning of the word “writ”?
Answer: A writ is a formal written order issued by a court directing a person, an authority or a lower court to do or to refrain from doing a particular act.
22. Name the five types of writs.
Answer: The five writs are — Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
23. Who is known as the “Guardian of the Constitution”?
Answer: The Supreme Court of India is known as the Guardian of the Constitution.
24. What does “court of record” mean?
Answer: Article 129 declares the Supreme Court to be a “court of record”. This means its proceedings, judgments and orders are preserved as authoritative legal records and have evidentiary value, and the court has the power to punish for contempt of itself.
25. What is the collegium system?
Answer: The collegium is a body consisting of the Chief Justice of India and four senior-most judges of the Supreme Court that recommends the appointment and transfer of judges of the Supreme Court and the High Courts. It evolved through Supreme Court judgments.
Long Answer Questions
1. Discuss the composition, jurisdiction and powers of the Supreme Court of India.
Answer: The Supreme Court of India is the apex court of the country, established under Article 124 of the Constitution. It originally consisted of a Chief Justice and seven other judges. Today, it consists of the Chief Justice and 33 other judges (total strength 34, as fixed by Parliament). Judges are appointed by the President of India and hold office until the age of 65 years.
Jurisdiction of the Supreme Court:
- Original Jurisdiction (Article 131): Disputes between the Centre and one or more States, or between two or more States, are heard directly by the Supreme Court.
- Writ Jurisdiction (Article 32): The Court can issue writs for the enforcement of fundamental rights. Citizens can approach the Court directly.
- Appellate Jurisdiction (Articles 132–136): The Court hears appeals from High Courts in civil, criminal, constitutional and special leave cases. It is the highest court of appeal in India.
- Advisory Jurisdiction (Article 143): The President can refer questions of law or fact of public importance to the Court for its opinion.
- Court of Record (Article 129): The Supreme Court is a court of record, and its decisions are accepted as authoritative legal precedents. It also has the power to punish for contempt.
- Power of Judicial Review: The Court can declare laws and executive actions unconstitutional if they violate the Constitution.
Powers of the Supreme Court: Apart from the above, the Court protects fundamental rights, settles disputes of federal nature, transfers cases from one High Court to another, reviews its own judgments, and ensures the supremacy of the Constitution. Its rulings are binding on all the courts in India.
2. What is judicial review? Explain its meaning, scope and importance in the Indian Constitutional system.
Answer: Judicial review is the power of the higher courts (Supreme Court and High Courts) to examine the constitutional validity of legislative enactments, executive orders and administrative actions of the Government, and to declare them unconstitutional and void if they are found to be inconsistent with the Constitution. The doctrine has been borrowed from the United States, where it was first articulated in Marbury v. Madison (1803). Although the term “judicial review” is not expressly mentioned in our Constitution, it is implicit in Articles 13, 32, 131–136, 143, 226 and 246.
Scope of judicial review in India covers three broad areas:
- Review of Constitutional Amendments — the Court has held in Kesavananda Bharati v. State of Kerala (1973) that even amendments cannot violate the “basic structure” of the Constitution.
- Review of legislation by Parliament and State Legislatures.
- Review of administrative or executive actions of the Government.
Importance: (i) It upholds the supremacy of the Constitution. (ii) It protects fundamental rights from arbitrary laws. (iii) It maintains the federal balance between the Union and States. (iv) It checks the abuse of power by the executive. (v) It preserves democracy by keeping all organs within constitutional limits. (vi) It safeguards minority rights. Thus judicial review is an indispensable safeguard of constitutionalism in India.
3. What is Public Interest Litigation (PIL)? Trace its evolution and explain its significance in Indian democracy.
Answer: Public Interest Litigation (PIL) means litigation filed in a court of law for the protection of “Public Interest”, such as Pollution, Terrorism, Road safety, Constructional hazards, Bonded labour, Custodial deaths, etc. PIL is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large.
Evolution: PIL emerged in India around the late 1970s and early 1980s, mainly through the efforts of Justices V.R. Krishna Iyer and P.N. Bhagwati. The Supreme Court relaxed the rule of locus standi (which earlier required only the directly affected party to approach the court), allowing any public-spirited person to file petitions on behalf of the poor, the weak and the oppressed. The Hussainara Khatoon case (1979), regarding the rights of undertrial prisoners, is regarded as the first reported PIL. Other landmark PIL cases include Bandhua Mukti Morcha (bonded labour), MC Mehta (environmental pollution), and Vishaka (sexual harassment at workplace).
Significance:
- It has democratised access to justice — even a postcard can be treated as a petition.
- It has protected the rights of the marginalised — bonded labourers, undertrial prisoners, slum dwellers, women and children.
- It has expanded the scope of fundamental rights, especially Article 21.
- It has made government agencies more accountable and transparent.
- It has addressed environmental and human rights issues effectively.
Drawbacks: PIL has sometimes been misused for personal or political ends, has overburdened the courts, and has led to allegations of judicial overreach. Even so, on balance PIL has been a powerful instrument for social transformation in India.
4. Explain the different types of writs that can be issued by the Supreme Court and the High Courts.
Answer: Under Article 32, the Supreme Court, and under Article 226, the High Courts, can issue five types of writs for the enforcement of fundamental rights and for any other purpose:
- Habeas Corpus (Latin: “you may have the body”) — A writ issued to produce a person who has been detained, before the court, so that the court may examine the legality of the detention. If the detention is found illegal, the court orders the release of the person. It protects personal liberty against unlawful arrest by the State or even by a private individual.
- Mandamus (Latin: “we command”) — A writ issued by a higher court commanding a public official, public body, corporation, lower court or government to perform a public duty which it has failed to perform. It cannot be issued against a private person, the President or a State Governor.
- Prohibition — A writ issued by a higher court to a lower court or tribunal, forbidding it from continuing proceedings in a case, on the ground that it is acting beyond its jurisdiction. It is preventive in nature and is issued during pendency of proceedings.
- Certiorari (Latin: “to be certified”) — A writ issued by a higher court to a lower court or tribunal, calling upon it to transfer a matter pending before it to the higher court, or quashing an order of the lower court that has already been passed without jurisdiction or in violation of the principles of natural justice. Both preventive and curative.
- Quo Warranto (Latin: “by what authority”) — A writ issued by the court to enquire into the legality of the claim of a person to a public office. It prevents illegal usurpation of public office. It can be issued only when the office is of a public nature created by the Constitution or by law.
5. Discuss the procedure for the appointment and removal of judges of the Supreme Court of India.
Answer: Appointment: Under Article 124(2) of the Constitution, every judge of the Supreme Court is appointed by the President of India after consultation with such of the judges of the Supreme Court and of the High Courts in the States as the President may deem necessary. In the appointment of any judge other than the Chief Justice, the Chief Justice of India must always be consulted. By convention, the senior-most judge of the Supreme Court is appointed as Chief Justice of India. Following the Supreme Court’s judgments in the Three Judges Cases, the appointments are now made on the recommendation of the “collegium” — the Chief Justice of India and four senior-most judges of the Supreme Court. The recommendation is sent to the President through the Law Ministry. If the collegium repeats its recommendation, the President is bound to accept it.
Qualifications: A person should be a citizen of India, and must have either (a) been a judge of a High Court for at least five years, or (b) been an advocate of a High Court for at least ten years, or (c) be a distinguished jurist in the opinion of the President.
Removal: A judge of the Supreme Court can be removed only on grounds of “proved misbehaviour or incapacity” by an order of the President under Article 124(4). Such an order can be made only after a motion for removal has been passed in each House of Parliament:
- by a majority of the total membership of that House, AND
- by a majority of not less than two-thirds of the members of that House present and voting.
The motion is to be presented in the same session of Parliament. The procedure is governed by the Judges (Inquiry) Act, 1968. So far, no judge of the Supreme Court has actually been removed. Justice V. Ramaswami’s case (1993) was the first impeachment motion that came near to being passed, but it failed in the Lok Sabha. The strict procedure ensures the independence of the judiciary.
6. Explain the meaning of judicial activism. Discuss its merits and demerits in the Indian context.
Answer: Judicial activism refers to a proactive role played by the judiciary in promoting justice and protecting the rights of the citizens, particularly when the executive and legislature fail to do so. Through judicial activism, courts give judgments that go beyond the strict legal interpretation of statutes; they direct the executive to fulfil its constitutional and statutory obligations, expand the meaning of fundamental rights, and address contemporary social problems.
Causes of judicial activism: (i) Failure of the legislature and executive to discharge their duties. (ii) Increase in violation of fundamental rights. (iii) Growth of PIL and relaxed locus standi. (iv) Public confidence in the judiciary. (v) Constitutional provisions like Articles 32 and 226.
Merits:
- Protected fundamental rights of the marginalised.
- Made the government accountable.
- Expanded scope of right to life under Article 21 to include right to clean environment, education, livelihood, dignity, privacy, etc.
- Addressed urgent social issues — pollution, corruption, prison reforms, gender justice.
- Ensured speedy justice in cases of grave public importance.
Demerits:
- Risk of judicial overreach — encroachment on executive and legislative domains.
- Violation of the principle of separation of powers.
- Increase in the burden of cases pending in courts.
- Sometimes leads to misuse of PIL.
- Question of accountability — judges are not elected representatives.
7. Explain the doctrine of separation of powers. Is it strictly followed in India?
Answer: The doctrine of separation of powers, propounded by the French philosopher Montesquieu in his book “The Spirit of Laws” (1748), states that the three organs of government — legislature, executive and judiciary — should be kept separate from each other. Each should perform its own functions and should not interfere in the working of the others. The doctrine is meant to prevent concentration of power, abuse of authority, and tyranny, and to protect liberty.
Position in India: The doctrine is not strictly followed in India. The Indian Constitution adopts a modified version of the doctrine, with checks and balances among the three organs:
- The executive (Council of Ministers) is drawn from the legislature, and is responsible to it.
- The legislature can remove the executive through a no-confidence motion.
- The judiciary can declare laws of the legislature and acts of the executive unconstitutional.
- The legislature can amend the Constitution to override judicial pronouncements (subject to “basic structure” doctrine).
- The executive participates in the appointment of judges.
- Parliament can remove judges through impeachment.
Articles 50, 121, 122, 211, 212, 361 of the Indian Constitution support a functional separation. The Supreme Court in Kesavananda Bharati case (1973) and Indira Nehru Gandhi v. Raj Narain (1975) held that separation of powers is a part of the basic structure of the Constitution, even though strict separation is not provided.
8. Distinguish between Public Interest Litigation (PIL) and ordinary litigation. Explain the role of PIL in the Indian judicial system.
Answer: Differences between PIL and ordinary litigation:
| Public Interest Litigation | Ordinary Litigation |
|---|---|
| Filed for the public good or public interest. | Filed for protecting one’s own legal rights or interests. |
| Petitioner need not be the affected party. | Petitioner must be the directly affected party (locus standi). |
| Procedure is informal — even a letter or postcard can be treated as a petition. | Procedure is strict and formal. |
| Aimed at securing rights of marginalised sections of society. | Aimed at securing personal interests. |
| Court fees are minimal or waived off. | Standard court fees apply. |
Role of PIL: PIL has played a transformative role in Indian democracy. It has enabled the courts to redress wrongs against the poor and the disadvantaged, to enforce environmental laws, to expose corruption in public life, and to direct the State to fulfil its welfare obligations under the Directive Principles. It has democratised the judicial process and increased citizen participation in governance. Despite some misuse, PIL remains one of the strongest weapons of the Indian judiciary in protecting public interest and constitutional values.
Important Articles related to the Judiciary
| Article | Subject |
|---|---|
| Article 32 | Right to constitutional remedies — power of Supreme Court to issue writs |
| Article 124 | Establishment and constitution of the Supreme Court |
| Article 124(4) | Removal of judges of the Supreme Court |
| Article 129 | Supreme Court is a court of record |
| Article 131 | Original jurisdiction of the Supreme Court |
| Articles 132–134 | Appellate jurisdiction of the Supreme Court |
| Article 136 | Special Leave Petition |
| Article 137 | Review jurisdiction of the Supreme Court |
| Article 141 | Law declared by SC to be binding on all courts |
| Article 143 | Advisory jurisdiction of the Supreme Court |
| Article 214 | High Court for each State |
| Article 217 | Appointment and conditions of office of a High Court judge |
| Article 226 | Power of High Courts to issue writs |
| Article 233 | Appointment of district judges |
| Article 50 | Separation of judiciary from executive (Directive Principle) |
Five Writs at a Glance
| Writ | Meaning | Purpose / When Issued |
|---|---|---|
| Habeas Corpus | “You may have the body” | Issued to produce a detained person before the court; protects personal liberty against unlawful detention. |
| Mandamus | “We command” | Issued to a public official or authority commanding it to perform a public duty which it has failed to do. |
| Prohibition | “To forbid” | Issued by a higher court to a lower court or tribunal to stop it from acting beyond its jurisdiction. Preventive in nature. |
| Certiorari | “To be certified” | Issued by a higher court to a lower court to quash its order if passed without jurisdiction or in violation of natural justice. Both preventive and curative. |
| Quo Warranto | “By what authority” | Issued to inquire into the legality of a person’s claim to a public office. Prevents illegal occupation of public posts. |
Multiple Choice Questions (MCQs)
1. Under which Article is the Supreme Court of India established?
(a) Article 124 (b) Article 32 (c) Article 214 (d) Article 226
Answer: (a) Article 124
2. The retirement age of a Supreme Court judge is —
(a) 60 years (b) 62 years (c) 65 years (d) 70 years
Answer: (c) 65 years
3. The retirement age of a High Court judge is —
(a) 60 years (b) 62 years (c) 65 years (d) 58 years
Answer: (b) 62 years
4. Who appoints the Chief Justice of India?
(a) Prime Minister (b) President (c) Parliament (d) Law Minister
Answer: (b) President
5. Under which Article can the Supreme Court issue writs?
(a) Article 14 (b) Article 19 (c) Article 32 (d) Article 21
Answer: (c) Article 32
6. Under which Article can a High Court issue writs?
(a) Article 32 (b) Article 226 (c) Article 124 (d) Article 214
Answer: (b) Article 226
7. The writ of Habeas Corpus is issued —
(a) Against unlawful detention (b) Against a public official (c) Against a lower court (d) Against a private company
Answer: (a) Against unlawful detention
8. The writ of Mandamus means —
(a) “You may have the body” (b) “We command” (c) “By what authority” (d) “To be certified”
Answer: (b) “We command”
9. Which writ is issued to inquire into the legality of a person’s claim to a public office?
(a) Mandamus (b) Certiorari (c) Quo Warranto (d) Prohibition
Answer: (c) Quo Warranto
10. Which writ is issued by a higher court to stop a lower court from acting beyond its jurisdiction?
(a) Mandamus (b) Habeas Corpus (c) Prohibition (d) Quo Warranto
Answer: (c) Prohibition
11. Public Interest Litigation (PIL) emerged in India around —
(a) 1950 (b) 1979 (c) 1990 (d) 2000
Answer: (b) 1979
12. Judicial review means —
(a) Reviewing one’s own judgment (b) Reviewing the constitutional validity of laws (c) Reviewing the President’s order (d) Reviewing parliamentary debates
Answer: (b) Reviewing the constitutional validity of laws
13. The Supreme Court is called the “Guardian of the Constitution” because —
(a) It is the highest court (b) It can amend the Constitution (c) It interprets and protects the Constitution (d) It conducts elections
Answer: (c) It interprets and protects the Constitution
14. The doctrine of “Basic Structure” was propounded in which case?
(a) Golak Nath case (b) Kesavananda Bharati case (c) Maneka Gandhi case (d) AK Gopalan case
Answer: (b) Kesavananda Bharati case (1973)
15. Advisory jurisdiction of the Supreme Court is provided under —
(a) Article 131 (b) Article 132 (c) Article 143 (d) Article 226
Answer: (c) Article 143
16. The procedure for the removal of a Supreme Court judge is known as —
(a) Recall (b) Impeachment (c) Resignation (d) Censure
Answer: (b) Impeachment
17. Which body recommends the appointment of judges to the Supreme Court at present?
(a) Prime Minister’s Office (b) Law Commission (c) Collegium (d) Lok Sabha
Answer: (c) Collegium
18. The collegium consists of —
(a) CJI and 2 senior judges (b) CJI and 4 senior-most judges (c) CJI and the Law Minister (d) President and CJI
Answer: (b) CJI and 4 senior-most judges
19. The doctrine of “Separation of Powers” was propounded by —
(a) Aristotle (b) Rousseau (c) Montesquieu (d) John Locke
Answer: (c) Montesquieu
20. Article 50 of the Indian Constitution provides for —
(a) Right to equality (b) Separation of judiciary from executive (c) Establishment of High Courts (d) Election of President
Answer: (b) Separation of judiciary from executive
21. The total number of judges in the Supreme Court (including CJI) at present is —
(a) 25 (b) 31 (c) 34 (d) 40
Answer: (c) 34
22. Original jurisdiction of the Supreme Court is given under —
(a) Article 124 (b) Article 131 (c) Article 226 (d) Article 32
Answer: (b) Article 131
23. The salaries of the judges of the Supreme Court are charged on —
(a) State revenue (b) Consolidated Fund of India (c) Contingency Fund (d) Public Accounts
Answer: (b) Consolidated Fund of India
24. The first Chief Justice of India was —
(a) M. Hidayatullah (b) H.J. Kania (c) B.R. Gavai (d) P.B. Gajendragadkar
Answer: (b) H.J. Kania
25. The decisions of the Supreme Court are binding on all courts under —
(a) Article 141 (b) Article 142 (c) Article 137 (d) Article 144
Answer: (a) Article 141
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