NCERT Solutions for Class 11 Political Science Chapter 5 - The Judiciary

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The chapter “The Judiciary” of Political Science Class 11 covers topics like judicial institutions (high court, supreme court, etc); judiciary and parliament, judicial activism, the need for an independent judiciary, judiciary and right; the structure of the judiciary, and much more.

Question 1:

What are the different ways in which the independence of the Judiciary is ensured? Choose the odd ones out.

  1. Chief Justice of the Supreme Court is consulted in the appointment of other judges of Supreme Court.
  2. Judges are generally not removed before the age of retirement
  3. Judges of a High Court cannot be transferred to another High Court.
  4. Parliament has no say in the appointment of judges.
Answer:

Options c and d

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Question 2:

Does independence of the Judiciary mean that the Judiciary is not accountable to any one? Write your answer in not more than 100 words.

Answer:

Independence of the Judiciary does not mean that the Judiciary is not accountable to any one. In simple words, independence of judiciary means that it should be honest and impartial in giving its judgement. It should be free from any outside control of the executive or the legislature. The judges should be free to decide cases according to the law in a bold and fearless manner. He should be granted independence of Judicial tenure so that he should be able to administer justice with impartiality and according to law. Judiciary is accountable to the Constitution, to the democratic traditions and to the people of the country.

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Question 3:

What are the different provisions in the Constitution in order to maintain the independence of Judiciary?

Answer:

To make democracy and federation successful, it is essential that Judiciary should be independent and impartial. It is a special feature of the Indian Constitution that it has tried to establish an independent judiciary in the State. In India, following methods have been applied to make the judiciary independent:

  1. Appointment of judges: For this, see Long Answer Type Questions (Other Important Question) Q. No. 1.
  2. Good Salary: The judges of the Supreme Court and High Courts are given a decent salary so that they do not accept illegal gratification to increase their income. Every effort has been made to keep them above temptation. The judges of the Supreme Court are given a monthly salary of ₹ 2,50,000 and the judges of the High Courts are given a monthly salary of ₹ 2,25,000. They are also provided with a rent-free bungalow and are given a pension after retirement so that they may not face any financial difficulty in their old age.
    The salary, allowances and service conditions of the judges are fixed by law by the Parliament. The salary and allowances of the judges cannot be changed during their tenure of office to their disadvantage. The Parliament can reduced the salary of the future judges but the salaries of the judges who are in service cannot be reduced.
  3. Long and Secured Tenure: The judges are kept in service for a pretty long period. The judges of the Supreme Court remain in office upto the age of 65 years and the judges of the High Court remain in office upto the age of 62 years. They are not retired in young age and gain experiences and knowledge of the profession and perform their duties quite satisfactorily. The tenure of office is also secured. The executive and the legislature have not been empowered to remove the judges on minor matters. They can be removed from office only if the Parliament passes a resolution by 2/3 majority in both the Houses to this effect. They can be removed only on a charge of misbehaviour or incapacity. The judges are not in any way under the control of the legislature or the executive. They decide cases without any fear or pressure.
  4. Legal Qualifications: Legal qualifications have been prescribed to become the judges of the Supreme Court and State High Courts. Only that person can be appointed as a judge of the Supreme Court who has either practised law for 10 years in a High Court or has worked as a judge in some High Court for a period of not less than five years. Only that person can be appointed a judge of a State High Court who has been an advocate of High Court for 10 years standing or who has held judicial post for 10 years. Therefore, an ordinary and inexperienced person cannot be appointed to the post of a judge. Moreover, a man who possesses legal qualifications can best serve as a judge.
  5. Powers: The judiciary has been given vast powers in India. They can decide a case even against the Government of the country. An individual can move the Court if he has not got justice at the hands of the Government. In case of Fundamental Rights, the citizens can directly go to the Supreme Court or the High Court. The Supreme court and the High Court have the power of judicial review over the actions of the Government. If an executive or a law passed by the legislature violates Fundamental Rights or the provisions of the Constitution, it can be declared null and void by the Supreme Court and the State High Court. The judiciary is free to give a decision even against the Government.
  6. Independence of Action: The judiciary has been given independence in its actions. No Government official or a private individual can interfere in the working of the judiciary. When a case is under trial in a court, no individual can express his opinions regarding that case publicly. No person can criticise the judge in connection with any case publicly. The instructions and the orders of the judiciary are to be obeyed by all the Government officials and other private citizens. If a person shows disrespect to the court, the court can institute ‘Contempt of Court’ proceeding against that man and can punish him.
  7. No Practice after Retirement: After retirement, a judge of the Supreme Court is prohibited to practice before any court or authority of India. Conclusion: The above mentioned facts clearly indicate that efforts have been made to make judiciary in India independent and impartial. There is no doubt that the Supreme Court and the High Courts enjoy independence of action. These courts can function without any fear or outside pressure quite independently and impartially. But the courts at the lower level do not enjoy that much independence.
    The salaries of judges of the Lower Courts are not so much that they may not fall prey to the temptation. In the Lower Courts, corruption is the order of the day and the poor people cannot hope to get impartial justice. It is only the poor who so many times feel the need of moving the court for this or that purpose but they do not have the means to move the court. Need of the hour is to make judiciary independent at the lower levels also. But our Government has not given any serious thought to this problem.
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Question 4:

Read the news report below and identify the following aspects:

  • What is the case about?
  • Who has been the beneficiary in the case?
  • Who is the petitioner in the case?
  • Visualise what would have been the different arguments put forward by the company.
  • What arguments would the farmers have put forward?

Supreme Court orders REL to pay 300 crore to Dahanu farmers.
Our Corporate Bureau, 24 March 2005 Mumbai: The Supreme Court has ordered Reliance Energy to pay ₹ 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 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 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 ₹ 300 crores.

Answer:
  1. Forests and fisheries of Dahanu area were destroyed in 1989 due to thermal power plant. The Dahanu Taluka Environmental Protection Authority ordered the Thermal Station to set up pollution control unit but pollution control plant was not set up.
  2. In this case, the beneficiary was farmers of Dahanu area. The Supreme Court ordered Reliance Energy to pay ₹ 300 crore to the farmers who grew chikoo fruit in the Dahanu area.
  3. In this case, the petitioners were the chikoo growers of Dahanu area.
  4. (i) The company would have given the argument that the government should pay compensation to the farmers. (ii) The people of Dahanu area got more employment opportunities with the establishment of Thermal Plant. (iii) The company would set up pollution control plant at the earliest.
  5. (i) Fertile land
    (ii) The fisheries have shut down and the forest cover has thinned.
    (iii) The farmers would have demanded more compensation.
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Question 5:

Read the following news report and

  • Identify the governments at different levels.
  • Identify the role of Supreme Court.
  • What elements of the working of judiciary and executive can you identify in it?
  • 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 all non-CNG commercial vehicles in the Capital. They also decide 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 excepted 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.

Answer:
  1. In this case, two governments are involved, i.e., one Government of Delhi and second the Central Government, i.e., Government of India.
  2. The Supreme Court was approached for phasing out of all non-CNG Commercial vehicles in the capital. The Supreme Court’s role is to allow all commercial vehicles that fulfil the Euro-II standards, to ply in the city.
  3. Both the governments decided to seek a duel fuel policy for the city. The policy is to be framed by the executive.
  4. (i) Policy involved is to phase out all non-CNG commercial vehicles in the capital.
    (ii) To discharge the use of CNG by private vehicle owners in the capital
    (iii) All commercial vehicles, which fulfil the Euro- II standards should be allowed to ply in the city.
    (iv) The Supreme Court 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.
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Question 6:

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 Court 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.”

Answer:

Following are the similarities and differences between the Judicial System of Ecuador and India:

  1. In Ecuador, judges are not forced to respect the rulings of higher courts in previous cases. But in India, judges generally respect the judgements of higher court in previous cases. Supreme Court rulings are binding on the lower Court judges.
  2. In Ecuador, an appellate judge need not provide a written decision explaining the legal basis of a ruling. But in India, an appellate judge has to provide a written decision explaining the legal basis of a ruling.
  3. Like Ecuador, in India also a judge may rule one way today and the opposite way, in a similar case tomorrow, without explaining why.
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Question 7:

Read the following statements: Match them with the different jurisdiction the Supreme Court can exercise—Original, Appellate and Advisory.

  1. The government wanted to know if it can pass a law about the citizenship status of residents of Pakistan occupied area of Jammu and Kashmir.
  2. In order to resolve the dispute about river Cauvery, the government of Tamil Nadu wants to approach the Court.
  3. Court rejected the appeal by people against the eviction from the dam site.
Answer:
  1. Advisory
  2. Original
  3. Appellate
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Question 8:

In what way can Public Interest Litigation help the poor?

Answer:

In simple words, the term ‘Public Interest Litigation’ means that the person and associations other than the sufferers have the right to seek justice on their behalf. This concept states that a person can seek justice not only for himself but for any other person who has undergone a similar change. The poor and oppressed people of India do not possess the means to seek judicial relief. For example, a bonded labourer working in a stone quarry cannot think of going to the Supreme Court. It is only public-minded citizens of politically aware organisation that can move to the Supreme Court. Since 1980’s, the Supreme Court and High Court have admitted Public Interest Litigations very liberally and on various subjects like protection of human rights of under trails, abolition of bonded labour, child labour, environmental pollution, admission in school and college, hartals, bandhs, etc.

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Question 9:

Do you think that Judicial activism can lead to a conflict between the Judiciary and the executive? Why?

Answer:

During the last few years, Judicial activism has become an important feature of the Indian Judicial system. Judicial Activism has become popular because it provides justice to the poor and innocent. Due to Judicial activism, poor people are able to get justice. But sometimes, Judicial activisms can lead to a conflict between the Judiciary and the executive. Judicial activism is against the theory of separation of powers. Judicial activism has blurred the line of distinction between the executive and legislature on one hand and the Judiciary on the other. Through Judicial activism, Judiciary is interfering in those matters which belong to the legislature and executive. It has affected the efficiency of the administration. For efficient and good administration, it is essential that the three organs of the government should function within their own area and one should not interfere in the work of other organs.

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Question 10:

How is Judicial activism related to the protection of Fundamental Rights? Has it helped in expanding the scope of Fundamental Rights?

Answer:

The area of judicial interventions has been expanding through the devices of Public Interest Litigations and enforcement of Human Rights. The Supreme Court and High Court are the guardians of the Fundamental Rights mentioned in the Indian Constitution. Many judgements of the Supreme Court related to the protection of Fundamental Rights symbolises judicial activism. In Sunil Batra Case, Justice Krishna Ayer stressed that the high pricing of legal publications monopolised by the government amounted to denial of equal protection of laws. In Khatri Vs. State of Bihar, the Supreme Court held that the indigent accused has the right to free legal services not only at the commencement of trial, but also at the initial stage, when he is produced before the Magistrate for the first time. In 1995, the Supreme Court declared that health is the basic right of the people. Hence, doctors were brought under the Consumer Law. In 2001, the Supreme Court held that right to access to clean drinking water is fundamental necessity to life and it is the duty of the State to provide the same. In 1993, the Supreme Court held that to get education upto the age of 14 years is a Fundamental Right of the children and they got this right enforced through courts.

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Question 11:

How is Judicial activism related to the protection of Fundamental Rights? Has it helped in expanding the scope of Fundamental Rights?

Answer:

The area of judicial interventions has been expanding through the devices of Public Interest Litigations and enforcement of Human Rights. The Supreme Court and High Court are the guardians of the Fundamental Rights mentioned in the Indian Constitution. Many judgements of the Supreme Court related to the protection of Fundamental Rights symbolises judicial activism. In Sunil Batra Case, Justice Krishna Ayer stressed that the high pricing of legal publications monopolised by the government amounted to denial of equal protection of laws. In Khatri Vs. State of Bihar, the Supreme Court held that the indigent accused has the right to free legal services not only at the commencement of trial, but also at the initial stage, when he is produced before the Magistrate for the first time. In 1995, the Supreme Court declared that health is the basic right of the people. Hence, doctors were brought under the Consumer Law. In 2001, the Supreme Court held that right to access to clean drinking water is fundamental necessity to life and it is the duty of the State to provide the same. In 1993, the Supreme Court held that to get education upto the age of 14 years is a Fundamental Right of the children and they got this right enforced through courts.

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