Class 11 Political Science Short Questions with Answers - Judiciary

Q1. What is the Judiciary?
Ans: Historically, all judicial powers were vested in the king during the monarchy.

• The judiciary is the part of the government that settles disputes and delivers justice.
• In a democracy, it functions as a separate, structured system to ensure decisions are fair and conform to the Constitution.

Q2. Why do we need the Judiciary?
Ans: Because disagreements are unavoidable in society, we rely on an impartial court system to resolve them fairly and protect everyone’s rights.

• Disputes naturally arise between people, groups, and governments; a neutral body is needed to resolve them fairly.
• The judiciary protects people’s rights, interprets laws, and ensures everyone follows the same rules (rule of law).
• It provides a trusted forum so that conflicts are decided by law, not by power.

Q3. Write three main functions of the 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.

Q4. What do you mean by the independence of the judiciary?
Ans:  For judges to be fair, they must be free to decide cases without pressure from the government or powerful people.

• Independence means judges decide cases without interference from the executive or legislature and without fear or favour.
• In practice: merit-based selection, secure tenure and difficult removal, protected pay and conditions, and freedom from political pressure, so judgments are impartial and constitutional.

Q5. How are the judges 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. Discuss the composition of the Supreme Court of India.
Ans: The Supreme Court consists of the Chief Justice of India and other judges appointed by the President. To qualify as a judge in the Supreme Court, an individual must have:

• One must be a citizen of India.
• Must have held a judicial office in India for ten years, or must have practised as an Advocate of a High Court or two or more such Courts in succession for a similar period.
• Additionally, the candidate should be recognised as a distinguished jurist in the eyes of the President.

Q7. What is the 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.

Q8. What is the Power of Judicial Activism?
Ans: The power of Judicial Review is the authority of the judiciary under which it can examine the constitutional validity of an order issued by the executive and legislation passed by the legislature.

• If a law or order violates Fundamental Rights or constitutional provisions, courts can invalidate it.
• Writ powers enable quick remedies for rights violations.
• These powers check arbitrariness, preserve rule of law, and uphold constitutional supremacy.
• They ensure governance remains within constitutional limits.

Q9. What is PIL Public Interest Litigation?
Ans: PIL allows any public-spirited person or organisation to approach courts on behalf of those who cannot.

• It relaxes locus standi, so issues affecting many (prison conditions, bonded labour, environment) can be heard.
• It democratises access to justice by reaching the poor, marginalised, and distant communities.
• It has strengthened the accountability of authorities and broadened the meaning of rights.
• It turned the judiciary into a forum for public causes, not only private disputes.

Q10. How has the Constitution of India ensured the independence of the judiciary?
Ans: The Constitution of India has ensured the independence of the judiciary by the following provisions:

• Appointments are insulated from party politics, with the President appointing after required consultation.
• Fixed tenure and an exceptionally difficult removal process by special parliamentary majorities.
• Financial independence of the higher judiciary with protected pay and allowances.
• Limited discussion of judges’ conduct in Parliament to removal proceedings; power of contempt.
• Authority of judicial review to uphold constitutional supremacy and protect rights.

Q11. How is the Indian Judiciary an integrated Judiciary?
Ans: 

• Hierarchical Structure: The judiciary is organised hierarchically, 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 judicial processes.
• 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 differing levels, all courts in India function cohesively as part of a single judicial system under the Supreme Court’s supervision.

Q12. What is the procedure for removing judges in India? 
Ans: Judges can be removed for proven misbehaviour or incapacity through a motion approved by a special majority in both Houses of Parliament.

• Grounds: proven misbehaviour or incapacity only.
• Procedure:. Motion must be passed in each House of Parliament by a special majority after inquiry and opportunity for defence.
• The design is deliberately rare and difficult to safeguard judicial independence while providing a constitutional mechanism for accountability.

Q13. Explain the Jurisdiction of the Supreme Court of India.
Ans: The Supreme Court of India has the following jurisdiction:

1. Original Jurisdiction: Under this jurisdiction, the Supreme Court hears cases related to:

• Disputes between the Centre and the states.
• Disputes between two states.
• Fundamental Rights violations.
• Interpretation of the Constitution.

2. Appellate Jurisdiction: Under this jurisdiction, the Supreme Court hears appeals against the decisions of High Courts in civil, criminal, and constitutional matters.

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

Q14. Write the functions of the High Courts.
Ans: Almost every state has its own High Court. Its main functions are as under:

• Hearing appeals against decisions of lower courts.
• Issuing writs for the enforcement of Fundamental Rights.
• Dealing with cases that fall within the state’s jurisdiction.
• Exercising supervisory and administrative jurisdiction over lower courts, maintaining superintendence and control.
• Deciding the service conditions of lower court employees.

Q15. What is impeachment?
Ans: Impeachment is a method for the removal of judges by Parliament based on charges such as corruption, misuse of power, incapacity, and violation of the Constitution.

• A motion can be introduced in either House of Parliament; an inquiry is conducted.
• If the motion is passed by a two-thirds majority of 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.
• The high threshold protects judicial independence while providing accountability.

Q16. What is Judicial Review? How does it work in India?
Ans: Judicial review is the power to test laws and executive actions against the Constitution.

• If they violate Fundamental Rights or federal/constitutional limits, courts can strike them down.
• In India, judicial review stems from written constitutional supremacy and Articles like 13, 32, and 226.
• It safeguards rights, maintains the balance of powers, and ensures authorities act within the Constitution.
• Remedies include writs and invalidation of unconstitutional provisions or actions.

Q17. What is the role of the Supreme Court in India?
Ans: Based on the power of judicial review, the Supreme Court plays a very effective role in several ways, including:

• Acting as the final authority on the interpretation of the Constitution.
• Checking the arbitrariness of the executive and legislature.
• Protecting the Fundamental Rights of the people.
• Strengthening democracy.
• Protecting the Indian federal system.
• Checking the bureaucracy.
• Acting as guardian of the Constitution.
• Helping in the evolution of the Constitution.

Q18. Explain the Advisory Jurisdiction of the 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 neither 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 consequence.
• Second, based on the Supreme Court’s advice, the government can implement necessary measures or changes.

Q19. How is the separation of powers structured in India, and what conflicts have emerged between its branches?
Ans: The Legislature makes and amends laws, the Executive implements them, and the Judiciary interprets laws and reviews actions for constitutional compliance.

• Nature: Not watertight; India follows checks and balances with limited overlaps to prevent concentration of power.
• Judicial review empowers courts to strike down laws or executive actions violating Fundamental Rights or the federal distribution of powers, safeguarding the Constitution.
• Key conflicts: Parliament’s power to amend versus courts’ basic structure doctrine limits; conflicts over policy actions and rights protection; tensions around appointments and judicial independence.
• Outcome: These frictions clarify the limits of each organ and preserve the rule of law and federal balance.

Q20. What are PIL (Public Interest Litigation) cases?
Ans: Cases filed by public-spirited persons or organisations on behalf of those unable to approach courts, aiming to protect public rights and interests.

• Aim to protect the rights of those unable to approach courts (the poor, prisoners, labourers, environment).
• Relaxed standing and procedures allow wider access to justice and systemic remedies.
• Have advanced transparency, dignity, and environmental safeguards.
• Mechanism: The Supreme Court and High Courts entertain such petitions and issue writs to remedy Fundamental Rights violations.
• Impact: Enabled reforms in areas like undertrials, prison conditions, bonded labour, child labour, and environmental protection; broadened the scope of rights and access to justice.

Q21. What is the importance and impact of the PIL Public Interest Litigation Court?
Ans: 

• Revolutionary Development: PIL has brought significant change in the Indian Judiciary and reflecting societal needs.
• Expansion of Rights: PIL has broadened the concept of rights, recognising 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 Humane Judiciary: PIL has made the judiciary more liberal, human-centred, and responsive to public needs.
• Increased Accountability: PIL has made the executive more accountable to the people, ensuring greater transparency and efficiency in governance.

Q22. Mention some negative impacts of Judicial activism.
Ans: 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 not traditionally prevalent 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, elected by the people, is the ultimate representative of public interests.
• It may lead to the high-handedness of the judiciary.
• It can create conflicts between the legislature and judiciary, hindering effective government functioning.

Q23. Explain the conflict between the Judiciary and Parliament over the issue of the amendment of Fundamental Rights.
Ans: Early conflicts concerned property rights and limits on Parliament’s power to amend the Constitution.

• Landmark rulings established the basic structure doctrine: Parliament may amend the Constitution, but cannot alter its basic structure.
• This doctrine balances democratic change with constitutional continuity and protects core principles.

Some causes of this conflict include:

• Shankari Prasad Case, 1951
• Golak Nath Case, 1967
• Kesavananda Bharati Case, 1973
• Minerva Mills Case, 1980

Q24. What are writs, and how do they protect Fundamental Rights?
Ans: Writs are urgent court orders used to enforce Fundamental Rights (SC: Article 32; HCs: Article 226).

• Habeas Corpus: release from illegal detention.
• Mandamus: directs a public authority to perform a legal duty.
• Prohibition: stops a lower court/tribunal from acting without jurisdiction.
• Certiorari: quashes/transfers orders made without jurisdiction or in violation of natural justice.
• Quo Warranto: questions a person’s authority to hold a public office.
• Together, they provide quick, effective remedies and keep authorities within constitutional limits.

Q2. What is Special Leave to Appeal (SLP) in the Supreme Court, and why is it important?
Ans: SLP is the Supreme Court’s discretionary power to permit an appeal from any court/tribunal when a substantial injustice or an important legal question arises.

• It is not a right of appeal; leave is granted only in exceptional cases.
• Ensures uniform interpretation of law across India and corrects grave errors.
• Acts as a safety valve when ordinary appeals are unavailable or inadequate.
• Strengthens public confidence by providing a final constitutional check while respecting the judicial hierarchy.