Syllabus- Subordinate Judiciary; Judicial Review and Judicial Activism; Independence of Judiciary and Judicial Accountability.
Number of questions- Mains: 02, Prelims – 10
Mains Questions of the day-
Q. What do you understand by “Judicial Review”? Enumerate the key provisions in the constitution with respect to Judicial Review in India.
Answer:
Introduction: – Define what is judicial review.
Body: –
- Explain key provisions of the Constitution with respect to Judicial Review in India.
- Mention few instances when it has been used in the polity.
Conclusion: –
- However, the Supreme Court of India has cautioned the judges should respect and not encroach the domain of other organs of government by exercising restraint in using these powers.
- The Supreme Court should serve to strengthen the institutions of India’s liberal democracy.
- Conclude with the Judicial Review use to promote the Constitutional ideology and promote the well-being of the people. It can’t be a tool to take away the Parliamentary Sovereignty.
- Write the proper balance between Judicial Supremacy and Parliamentary Sovereignty.
Content: –
- Judicial Review: -It is the power of the Supreme Court and the High Courts to examine the Constitutionality of the Acts of the Parliament and the state legislatures and executive orders both of the Centre and State governments.
- If the Acts, rules or actions are found to be ultra vires to the Constitution, then such actions are declared null and void by the Judiciary.
The Constitutional validity of a legislative enactment or an executive order may be challenged on the following grounds:
- Violation of Doctrine of Basic structure.
- Outside the competence of the authority which has framed it.
- Violation to the Constitutional Provisions.
In Keshavanand Bharti’s case, it was held that the Judicial Review is a ‘Basic Structure’ of the Constitution.
Though the term “Judicial Review” is not used in the Constitution of India, there are many provisions in the Constitution conferring this power to the Judiciary.
Some of the important provisions include such as A13, A32, A226, A131, A132-134, A143, A245, A246, A251, A254 etc. …, Dr. B.R. Ambedkar had described the provisions related to Judicial Review as the ‘Heart of the Constitution’.
This power of Judicial Review has been utilised by the courts of India over time in cases like the Bank Nationalisation case (1970), Keshavananda Bharti case (1973) and recently in the NJAC case.
Thus, the Judicial Review has played a key role in promoting the well-being of the people, filling the gaps in legislature enactment and acting as the protector of democracy.
Q. What is meant by “Judicial activism”? What is its importance in Indian polity?
Answer:
Introduction: Define Judicial Activism
Body:
Write about the importance of the Judicial Activism and some issues associated to that.
Conclusion:
- The line between Judicial Activism and Judicial Overreach is becoming thinner day by day and the courts have moved closer to Judicial Overreach.
- It is true that if judges take on the executive and legislative functions themselves, problems such as a distortion of the separation of powers theory.
- Judicial Activism must be practiced with Judicial Restraint to ensure that the Judiciary is not sidestepping any other organ of the government but work with consultation and greater harmony.
Content:
Judicial Activism means the proactive role played by the judiciary in the protection of the rights of citizens and in the promotion of justice in the society.
In other words, it is the role played by the judiciary to force the other two organs of the Government (legislature and executive) to discharge their Constitutional duties.
Importance of Judicial activism in Indian democracy:
- Judicial activism allows judges to adjudicate in favour of progressive and new social policies helping in social engineering.
- In a modern Democratic set up, Judicial activism act as a mechanism to curb legislative adventurism and executive tyranny by enforcing Constitutional limits.
- Judicial activism helps in protecting or expanding individual rights. Where the legislature and the executive fail to protect the basic rights of citizens like the right to live with dignity.
- Failure of Legislature and Executive to discharge their respective functions results in erosion of the confidence in the Constitution and Democracy amongst the citizens. Judicial activism helps in upholding faith of citizens in constitution and Judicial organs.
- Judicial activism helps in ensuring freedom of citizens and help in providing social justice to suffering masses.
- Judicial activism fills Legislative Vacuum i.e. areas which lack proper legislation. This help country to meet the changing social needs.
- In case of a ‘hung’ legislature when the Government is weak and insecure, Judicial activism play an important role in ensuring social justice.
Some issues related to Judicial activism:
- The line between Judicial activism and Judicial Overreach is very narrow. When Judicial activism crosses its limits it leads to Judicial Overreach.
- It may interfere with the proper functioning of the legislative or executive organs of Government.
- It destroys the spirit of separation of powers. Thus damage balance between various organs of Government.
- Judicial activism may lead to inactivity of legislature and executive, leading to running away from duties and responsibilities which they hold for people of India.
- In India Judicial activism has played an important role in keeping democracy alive. Pronouncements like Keshavnanda Bharti case, Minerva Mill Case etc. has helped in keeping all the organs of Government in balance and help in keeping society healthy and progressing.
Prelims Questions of the Day: –
- Where did India get its concept of Single order of court?
- Government of India Act, 1935
- Government of India Act, 1919
- Pitts India Act, 1773
- None of the above
Answer: A
Explanation:
Government of India Act, 1935 paved a way for single order of Judiciary in India.
- Which of the following statements is not true about India’s Supreme Court?
- Article 124 to 147 and Part V of the Indian Constitution informs about the composition and powers of the Supreme Court?
- The Supreme Court was inaugurated on January 28, 1950
- The first female CJI was from Karnataka
- Judges of Supreme Court are appointed by the President of India
Answer: C
Explanation:
There has yet not been any female Chief Justice of India yet. Thus the statement is false.
- Which of the following is not included in the qualification for being a judge in the Supreme Court?
- He/she should be a citizen of India.
- He/she should be a respected jurist in the eyes of Parliament
- He/she must be a judge in the High Court for at least 5 years
- He/ she should be a lawyer in the High Court for at least 10 years
Answer: B
Explanation:
As per the statement in the Constitution, the volunteer of the Judge must be a respected jurist in the eyes of the President and not the Parliament.
- Which statement is NOT correct regarding the tenure of judges of the Supreme Court?
- A Judge of the Supreme Court can remain in office till the age of 65 years.
- Judge of the Supreme Court gives his resignation letter to the Chief Justice
- On the recommendation of Parliament, he can be removed by the President.
- A Supreme Court judge can be removed only in the condition of misconduct.
Answer: B
Explanation: A judge of the Supreme Court gives his resignation letter to the President.
- Who can remove the Judge of the Supreme Court?
- Chief Justice of the Supreme Court
- Only the President
- Only the Parliament
- Both Parliament and President
Answer: D
Explanation:
The proposal for the removal of the judge should be passed with a special majority in both the Houses of Parliament, while the decision to remove from the post is taken by the President.
- What is the current salary of the Chief Justice of the Supreme Court?
- 1.10 lakh P/M
- 1 lakh P/M
- 2.8 lakh P/M
- 1.25 lakh P/M
Answer: C
Explanation:
The salary of Chief Justice of India was increased to Rs. 2,80,000/month from 1 lakh. Other Judges of the Supreme Court get a salary of Rs. 2.5 lacs.
- The President can declare a judge an executive chief justice of the Supreme Court of India when …
- The post of Chief Justice of India is vacant
- Chief Justice of India is temporarily absent
- Chief Justice of India is unable to discharge his obligations
- All of the above
Answer: D
Explanation:
The President can declare an executive CJI when the current Chief Justice of India is not available, or if the post is vacant or if he/she is unable to discharge his/her duties.
- Who among the following has the right to establish the bench of the Supreme Court elsewhere in the country?
- The Chief Justice of the Supreme Court
- The President of India
- The Parliament
- The Prime Minister
Answer: A
Explanation:
The Chief Justice of the Supreme Court has the right to establish the bench of the Supreme Court elsewhere in the country with prior approval of the President.
- Which of the following articles states about the establishment of the Supreme Court?
- Article 176
- Article 153
- Article 124
- Article 324
Answer: C
Explanation:
There shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
10.Which of the following is not matched correctly?
- Article 145: salary of judges
- Article 143: Power of President to consult with the Supreme Court
- Article 141: Orders of the Supreme Court is applicable to all courts of India
- Article 139: Power of Supreme Court to issue writ petition
Answer: A
Explanation:
Article 145 is related to rules of the Supreme Court not the salary of judges.