Class 11 Political Science Short Questions with Answers - Judiciary

Q1. What is Judiciary?
Ans: The Judiciary is a crucial organ of the government responsible for settling disputes and dispensing justice at various levels. Historically, all judicial powers were vested in the king during the monarchy. However, in a democratic setup, the judiciary functions as a separate and structured organ of the government.

Q2. Why do we need Judiciary?
Ans:  In any group or society, disputes are bound to occur due to the differing interests of individuals and groups. These disputes need to be resolved to the satisfaction of all parties involved by an independent, competent, and impartial body. To address these needs, a separate organ of the government is established, known as the judiciary, in modern democracies.Besides settling disputes, the judiciary performs a number of other essential functions for society, including:

• Ensuring justice is served fairly.
• Protecting the rights and freedoms of individuals.
• Interpreting laws and ensuring they are upheld.
• Providing a mechanism for the resolution of conflicts.

Q3. Write three main functions of the Judiciary
Ans:  The Judiciary serves several important functions:

• Settling disputes among individuals and entities, ensuring justice is served.
• Protecting the Rule of Law and ensuring the supremacy of the law in society.
• Safeguarding the rights of individuals as well as upholding the Constitution.

Q4. What do you mean by the independence of the judiciary?
Ans:  The independence of the judiciary refers to the ability of the judiciary to operate without interference from the executive or legislature. This independence ensures that judges can make impartial decisions based on the law. Additionally, the independence of the judiciary implies that:

• Judges should be appointed based on merit, possessing the necessary qualifications and experience.
• They should enjoy long tenures, ensuring stability within the judicial system.
• Judges must not be removed in an arbitrary manner, guaranteeing job security.
• They should receive adequate salaries and facilities to carry out their duties effectively.

Q5. How the judges are appointed in India?
Ans: The judges of the Supreme Court and High Courts in India are appointed by the President of India. This process occurs in consultation with the Chief Justice of India and the Chief Justice of the concerned High Court when appointing High Court judges.The Constitution of India specifies the qualifications and experience required for the appointment of judges, ensuring that only those who meet certain criteria are selected for these prestigious positions.

Q6. How the judges can be removed?
Ans: It is provided in the Constitution that the judges can be removed from the office by impeachment in which the charges are levelled in one house of the Parliament and are listened and examined in next house. If the charges are proved correct, the judges stand impeached.

Q7. What do you mean by the integrated judiciary?
Ans: We in India have integrated judiciary which means that at the apex is the Supreme Court and at the bottom is the lower court (District Court). It is a Pyramid (ladder) like structure. The Supreme Court has administrative and supervisory control on lower courts and it listens to the appeal against the decisions of the lower courts.

Q8. Discuss the composition of the Supreme Court of India.
Ans: The Supreme Court of India comprises 34 judges, including the Chief Justice, who are appointed by the President of India. To qualify as a judge in the Supreme Court, an individual must have:

• At least 5 years of experience as a judge in a High Court, or
• 10 years of experience as an advocate in the Supreme Court.
• Additionally, the candidate should be recognised as a distinguished jurist in the eyes of the President.

Q9. What is original jurisdiction of Supreme Court of India?
Ans: In original jurisdiction of Supreme Court of India following cases are taken up.

• Disputes between Centre and State Governments.
• Disputes between the two states.
• Disputes related to Fundamental Rights
• Disputes in which issue of interpretation of the constitution is involved.

Q10. What is the jurisdiction of the High Court?
Ans: Almost every state has its High Court. It stands in the middle of the judicial system. High Courts have the following jurisdiction:

• Original Jurisdiction
• Appellate Jurisdiction
• Supervisory Jurisdiction
• Administrative Jurisdiction
• Court of record

Q11. What is District Court?
Ans: The District Court is the lowest level of the Indian judicial system. Its judges are appointed by the Governor in consultation with the Chief Justice of the High Court. The main functions of the District Court include:

• Dealing with cases arising within the district.
• Considering appeals on decisions made by lower courts.
• Deciding cases involving serious criminal offences.
• Exercising administrative control over subordinate courts.

Q12. What is the role of Indian Judiciary?
Ans: The role of the Indian Judiciary includes the following key functions:

• Settling disputes between individuals and entities.
• Interpreting the Constitution and acting as its guardian.
• Protecting the Fundamental Rights of the people.
• Safeguarding the federal system of governance.
• Assisting in the development of the Constitution.

Q13. What do you understand by Judicial activism?
Ans:  Judicial activism refers to the working of Judiciary beyond its given area. It is said that when executive and legislature fail, the judiciary start. It is called Judicial activism. In our constitution procedure established by law is allowed under which the judiciary can examine whether a particular law is according to the provisions of the Constitution or not. But our judiciary is going beyond its limit and is commenting on every policy and political matter which is referred to as Judicial activism.

Q14. What is the Power of Judicial Activism?
Ans: The power of Judicial Review is the power of judiciary under which it can examine the constitutional validity of an order issued by the executive and legislation passed by the legislature. If the court finds it contrary to the provisions of the Constitution it can declare them as unconstitutional. On the basis of this power judicial is playing a very effective role in checking the executive and legislature but in the process, it is going beyond its jurisdiction Hence it is called as Judicial activism.

Q15. What is PIL Public Interest Litigation?
Ans:  PIL, or Public Interest Litigation, refers to the process of bringing cases to court on behalf of individuals who are weaker or impoverished and unable to represent themselves for various reasons. This legal mechanism aims to provide access to justice for those who might otherwise be excluded from the judicial system. Judicial activism plays a significant role in shaping the Indian political landscape. It has contributed to the democratization of the judicial system by ensuring greater accountability and responsiveness to the needs of the public.

Q16. Mention essential conditions for the independence of the judiciary.
Ans: Following are some main essential conditions for the independence of the judiciary.

• The judiciary should be the product of constitutional law.
• Judiciary should be free from undue interference of Executive and Legislature.
• High qualifications and experiences should be set for the appointment of judges.
• The judge’s pay and allowance and other service conditions should be attractive so that man of high integrity enters in this profession.
• The tenure of the service of the judges should be long and for the security of service, they should not be dependent on the where is and fancies of the executive and Legislature.
• The decisions of the Judiciary should be respected and accepted.

Q17. How the constitution of India has ensured independent of the judiciary?
Ans: Constitution of India has ensured the independence of the judiciary by the following provisions:

• The legislature is not involved in the appointment of Judges
• The judges have fixed and long tenure and the process of removal of judges by impeachment is long and difficult.
• Judiciary is not financially dependent on the executive or legislature.
• Judiciary has the power to penalise those who commit contempt of Court.
• Parliament cannot discuss the conduct of judges.
• Decisions of the judiciary are immense from personal criticism.

Q18. How Indian Judiciary is integrated Judiciary?
Ans: 

• Hierarchical Structure: The judiciary is organized in a hierarchical structure, with the Supreme Court at the top, High Courts at the state level, and District Courts and local courts at the lower levels.

• Supervisory Role of Supreme Court: The Supreme Court exercises administrative and supervisory control over the lower courts, ensuring consistency in the judicial process.

• Appellate Jurisdiction: The Supreme Court holds appellate jurisdiction, meaning it can review and hear appeals from lower courts. Its decisions are binding on all courts in India.

• Transfer of Cases and Judges: The Supreme Court can transfer cases between courts and move any case from any court to itself for hearing.

• Unified Legal System: Despite being at different levels, all courts in India function cohesively as part of a single judicial system under the supervision of the Supreme Court.

Q19. What is the procedure for removing judges in India? 
Ans : Judges can be removed for proven misbehavior or incapacity through a motion approved by a special majority in both Houses of Parliament. This process ensures judicial independence. In 1991, a motion to remove Justice V. Ramaswami was initiated due to allegations of misconduct, but it failed because it didn’t gain the support of the majority of Parliament's total strength, despite a two-thirds majority among those present.

Q20. Explain the Jurisdiction of the Supreme Court of India.
Ans: Supreme Court of India has the following Jurisdiction:

1. Original Jurisdiction :  Under this jurisdiction the Supreme Court listens to the case related to

• Dispute between centre and state
• Dispute between two states
• Fundamental Rights
• Interpretation of the constitution

2. Appellate Jurisdiction: Under this jurisdiction Supreme Court listen to the appeal against the decisions of the High Courts in all the civil, criminal and constitutional matters.

3. Advisory Jurisdiction: Under this jurisdiction, the Supreme Court can give its opinion to the President on any issue on which he seeks its opinion.

Q21. Write the functions of High Courts.
Ans: Almost every state has its own High Court. Its main functions are as under:

• It can hear the appeals against the decisions of the lower courts
• It can issue writs for restoring Fundamental Rights
• It can deal with cases which fall within the jurisdiction of the State.
• It has supervisory and administrative jurisdiction over the lower courts under which it exercises, superintendence and control over courts below it.
• It decides the service conditions of the employees of the lower courts.

Q22. What is impeachment?
Ans:  Impeachment is a method for the removal of judges by Parliament based on charges such as corruption, misuse of power, and violation of the Constitution. The impeachment motion for the removal of a judge is introduced in either house of Parliament. If the motion is passed by a two-thirds majority of the members present and voting, it is sent to the other house for consideration. In the second house, the judge has the opportunity to explain their position. If the charges presented in the first house are proven in the second house by a two-thirds majority, the judge is removed from office.

Q23. What is Judicial Review? How does it work in India?
Ans:

• Judicial Review is the power of the judiciary to test the constitutional validity which means it tests whether a law or executive is in accordance with the provisions of the Constitution. If the imposed legislation or order of the executive is not according to the provisions of the constitution, it can declare them as unconstitutional.
• In India judicial review is borrowed from the USA but with a difference. In the USA the power of Judicial review works on the principle of Due process of Law, while in India the power of Judicial review works on the Principle of Procedure established by Law. On the process of Due process of Law Supreme Court of USA can comment on Justness and Unjustness of the policy matters while as per the procedure established by Law Indian Judiciary is not supposed to comment on policy matters.
  
  

Q24. What is the role of the Supreme Court in India?
Ans: Oft the basis of the power of Judicial review the Supreme Court is playing a very effective role in a different way on which we can enumerate as following

• It is the final authority of the interpretation of the constitution.
• It checks the arbitrariness of executives and legislature.
• It protects the Fundamental Rights of the people.
• It strengthens democracy.
• It protects the Indian Federal System
• It checks the bureaucracy
• It acts as guardian of the constitution
• It helps in the evolution of the Constitution.

Q25. Explain the Advisory Jurisdiction of Supreme Court of India.
Ans:  Besides its original and appellate jurisdiction, the Supreme Court of India also possesses Advisory Jurisdiction. Under this jurisdiction, the President of India can seek the court's opinion on any matter involving the interpretation of the Constitution. However, the Supreme Court is not obligated to provide advice, nor is the President required to accept the court's counsel.The utility of this jurisdiction is twofold:

• First, it allows the government to seek the legal opinion of the Supreme Court on matters of significant importance and consequences.
• Second, based on the Supreme Court's advice, the government can implement necessary changes.

Q26. How is the separation of powers structured in India, and what conflicts have emerged between its branches?
Ans:  In India, the separation of powers is structured with distinct roles for each branch: the Parliament makes laws and amends the Constitution, the executive enforces laws, and the judiciary interprets laws and ensures they align with the Constitution. Despite this clear division, conflicts have arisen, particularly between the judiciary and Parliament, and between the judiciary and executive, often regarding the extent of judicial independence and the scope of legislative and executive powers.

Q27. What are PIL(Public Interest Litigation) cases?
Ans: PIL (Public Interest Litigation) is the chief instrument through which the Judicial activism has flourished in India.
PIL are those, cases which have been filed not by the aggrieved persons or parties but by the other, spirited persons and organisations on their behalf in Larger Public interests. Supreme Court of India took up the cases about rights of Prisoners which opened the gates for others.
Many Voluntary organisations have sought judicial intervention for the protection of existing rights and interest of the poor people and for improving the conditions of the poor people, protection of the environment and may other issues in the interest of public and \yeaker sections of the society. Justice P.N. Bhagwati had played a pioneering role in. the field of PIL (Public Interest Litigation case).

Q28. What is the importance and impact of PIL Public Interest Litigation Court?
Ans: 

• Revolutionary Development: PIL has brought a significant change in Indian Judiciary, driven by judicial activism and reflecting societal changes.

• Expansion of Rights: PIL has broadened the concept of rights, recognizing essential rights like clean air, water, and dignified living for every citizen.

• Right to Seek Justice: PIL allows individuals or groups to seek justice on behalf of society, even if they are not directly affected by the issue.

• Liberal and Human Judiciary: PIL has made the judiciary more liberal, human-centered, and responsive to public needs.

• Increased Accountability: PIL has made the executive more accountable to the people, ensuring greater transparency and efficiency in governance.

Q29. Mention some negative impact of Judicial activism.
Ans:  The Judicial activism in India is people-friendly; however, it can also violate the principle of procedure established by law. This is because judicial activism often relies on processes that do not prevail in India. The negative impacts of judicial activism are as follows:

• It violates the principle of separation of powers.
• It undermines the autonomy of the executive and legislative branches.
• The legislature, which is elected by the people, is the ultimate representative of their interests.
• It may lead to the high-handedness of the judiciary.
• It can create conflicts between the legislature and judiciary, hindering the effective functioning of the government.

Q30. Explain the conflict between the Judiciary and Parliament over the issue of amendment of Fundamental Rights.
Ans: Since the very implementation of the Constitution, there has been conflicting between the Parliament and Judiciary over the amendment of Fundamental Rights. Some of the causes of this conflict are used under.

• Shankari Prasad Case 1951
• Golak Nath case 1967
• Kesavananda  Bharati Case 1973
• Minerva Mill Case 1980

Currently, the position is that Parliament can amend every part of the Constitution, including Fundamental Rights, but it cannot alter the basic structure of the Constitution.