Worksheet Solutions: Judiciary

Table of Contents
1. Fill in the Blanks
2. Match the Column
3. Assertion and Reason Based
4. Very Short Answer Type Questions
5. Short Answer Type Questions
6. Long Answers Type Questions
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Fill in the Blanks

Q1: The principal role of the judiciary is to protect the __________ of law and ensure the supremacy of law.
Ans: rule
The judiciary ensures that laws are applied consistently and that the rule of law is upheld.

Q2: The judiciary must be independent of any __________ pressures.
Ans: political
An independent judiciary should not be influenced by political considerations or pressures.

Q3: The government  consists of three main branches: Legislature, Executive, and __________.
Ans: Judiciary
The judiciary is one of the three main branches of government, alongside the Legislature and Executive.

Q4: The convention of appointing the senior-most judge of the Supreme Court as the Chief Justice of India was broken twice in ________ and ________.
Ans: 1973 and 1975
In 1973 and 1975, the convention of appointing the senior-most judge as Chief Justice was not followed, which led to debate about the appointment process.

Q5: To remove a judge, a motion containing charges against the judge must be approved by a special majority in both ________ of Parliament.
Ans: Houses
The removal of a judge requires a special majority in both the Lok Sabha and the Rajya Sabha, the two Houses of India's Parliament.

Q6: The Supreme Court of India has ________ judges, including the Chief Justice.
Ans: 34
As per the Supreme Court (Number of Judges) Act, the sanctioned strength of the Supreme Court is 34 judges, including the Chief Justice.

Q7: High Courts hear appeals from ________ courts.
Ans: lower
High Courts hear appeals from lower courts, such as district and subordinate courts, within their territorial jurisdiction.

Q8: The Supreme Court has exclusive jurisdiction over disputes related to ________ relations.
Ans: federal
The Supreme Court has original jurisdiction in disputes between the Union and States or between States, that is, federal relations.

Q9: PIL stands for ________ and has become an important part of judicial activism.
Ans: Public Interest Litigation
Public Interest Litigation allows socially concerned persons or groups to approach the courts for matters affecting the public interest, widening access to justice.

Q10: The power of judicial review allows the Supreme Court to examine the constitutionality of any law and declare it ________ if it is inconsistent with the Constitution.
Ans: unconstitutional
Judicial review enables the Supreme Court to strike down laws or executive acts that violate the Constitution.

Match the Column

Q1: Match the items in the left column with the appropriate descriptions in the right column.

Ans:

• Judiciary → D
  Protects rights and settles disputes according to law 
• Independence → B
  Judiciary must function without interference 
• PIL → C
  Allows public-spirited individuals to file cases
• Judicial Review → A
  Courts examine constitutionality of laws
• Original Jurisdiction → E
  Deals with Union-State disputes
• Appellate Jurisdiction → F
  Hears appeals from lower courts
• Advisory → G
  President can seek advice
• Writ Jurisdiction → H
  Protects Fundamental Rights
• Supreme Court → I
  Highest court of appeal
• High Court → J
  Can issue writs + hear appeals

Assertion and Reason Based

Q1: Assertion: The independence of the judiciary does not imply arbitrariness.
Reason: The judiciary is accountable to the Constitution and the people.
(a) Both assertion and reason are true, and the reason is the correct explanation of the assertion.
(b) Both assertion and reason are true, but the reason is not the correct explanation of the assertion.
(c) Assertion is true, but the reason is false.
(d) Assertion is false, but the reason is true.
Ans:(a)
Explanation:
(i) Assertion: The independence of the judiciary does not imply arbitrariness - True. Judicial independence means freedom from improper influence, not freedom to act without legal or constitutional constraint.
(ii) Reason: The judiciary is accountable to the Constitution and the people - True. Judges must decide within the Constitution and are accountable by judicial processes, precedent and public law norms.
(iii) Justification: The reason explains why independence is not arbitrariness because accountability to constitutional limits and legal standards restrains arbitrary conduct. Therefore option (a) is correct.

Q2: Assertion: The power of judicial review is significant.
Reason: India has a written constitution.
(a) Both assertion and reason are true, and the reason is the correct explanation of the assertion.
(b) Both assertion and reason are true, but the reason is not the correct explanation of the assertion.
(c) Assertion is true, but the reason is false.
(d) Assertion is false, but the reason is true.
Ans:(a)
Explanation:
(i) Assertion: The power of judicial review is significant - True; it enables courts to interpret the Constitution and protect fundamental rights.
(ii) Reason: India has a written constitution - True; a written constitution provides a clear standard against which laws and actions can be tested.
(iii) Justification: The existence of a written constitution is a direct basis for judicial review because courts compare laws and executive acts with the Constitution. Hence option (a) is correct.

Q3: Assertion: Judicial activism allows the judiciary to consider broader societal implications.
Reason: It restricts the courts to only apply the applicable law.
(a) Both assertion and reason are true, and the reason is the correct explanation of the assertion.
(b) Both assertion and reason are true, but the reason is not the correct explanation of the assertion.
(c) Assertion is true, but the reason is false.
(d) Assertion is false, but the reason is true.
Ans:(c)
Explanation:
(i) Assertion: Judicial activism allows the judiciary to consider broader societal implications - True; judicial activism may involve purposive interpretation and remedies that address social needs.
(ii) Reason: It restricts the courts to only apply the applicable law - False; judicial activism generally involves looking beyond a narrowly literal application of law.

Q4: Assertion: The Supreme Court can issue writs to protect fundamental rights.
Reason: High Courts also have the power to issue writs.
(a) Both assertion and reason are true, and the reason is the correct explanation of the assertion.
(b) Both assertion and reason are true, but the reason is not the correct explanation of the assertion.
(c) Assertion is true, but the reason is false.
(d) Assertion is false, but the reason is true.
Ans:(b)
Explanation:
(i) Assertion: The Supreme Court can issue writs to protect fundamental rights - True, under Article 32 the Supreme Court can issue writs for enforcement of fundamental rights.
(ii) Reason: High Courts also have the power to issue writs - True, under Article 226 High Courts can issue writs for enforcement of rights within their jurisdiction.
(iii) Justification: Both statements are true; the fact that High Courts also have writ power gives context to the system of remedies but is not the sole explanation for the Supreme Court's power. Therefore option (b) is appropriate because the reason is true but not the direct explanation of the assertion.

Q5: Assertion: Parliament has the authority to enact laws limiting fundamental rights while enforcing directive principles.
Reason: The judiciary has no role in interpreting the Constitution.
(a) Both assertion and reason are true, and the reason is the correct explanation of the assertion.
(b) Both assertion and reason are true, but the reason is not the correct explanation of the assertion.
(c) Assertion is true, but the reason is false.
(d) Assertion is false, but the reason is true.
Ans:(c)
Explanation:
(i) Assertion: Parliament has the authority to enact laws limiting fundamental rights while enforcing directive principles - Partly true; Parliament may enact laws imposing reasonable restrictions on certain fundamental rights to achieve social and directive objectives, but it cannot abrogate fundamental rights beyond constitutional limits.
(ii) Reason: The judiciary has no role in interpreting the Constitution - False; the judiciary is the principal interpreter of the Constitution and reviews legislation and executive action.
(iii) Justification: Because the assertion is essentially true in the limited sense of reasonable restrictions but the reason is false, option (c) is correct.

Very Short Answer Type Questions

Q1: Explain the importance of an independent judiciary.
Ans: An independent judiciary is vital to ensure the rule of law, protect individual rights, and prevent abuse of power. It acts as a check on the Legislature and the Executive and maintains public confidence in justice.

Q2: What is the role of the Council of Ministers in the appointment of judges?
Ans: The Council of Ministers, headed by the Prime Minister, advises the President on judicial appointments; recommendations and consultations with judiciary figures like the Chief Justice of India are also involved in the modern collegium system.

Q3: What is the special majority required for the removal of a judge?
Ans: A special majority in both Houses of Parliament is required-that is, a majority of the total membership of each House and a two-thirds majority of members present and voting.

Q4: How many judges are there in the Supreme Court at present?
Ans: The Supreme Court currently has a sanctioned strength of 34 judges, including the Chief Justice of India.

Q5: What are the five types of writs that the Supreme Court can issue?
Ans: The four principal writs are Habeas Corpus, Mandamus, Prohibition, and Certiorari and additionally Quo Warranto .

Q6: What is the original jurisdiction of the Supreme Court?
Ans: Original jurisdiction includes cases between the Union and one or more States, or between States themselves, where the dispute can be directly brought before the Supreme Court.

Q7: Who can directly approach the Supreme Court if their fundamental rights are violated?
Ans: Any individual whose fundamental rights are violated can directly approach the Supreme Court under Article 32; Public Interest Litigations also broaden access.

Q8: What is judicial activism?
Ans: Judicial activism refers to an approach where courts interpret laws and the Constitution in a broad manner to address public interest and social justice concerns, sometimes going beyond strict textual interpretation.

Q9: How does the judiciary protect individual rights?
Ans: The judiciary protects rights through judicial review, issuance of writs, hearing Public Interest Litigations, and interpreting statutes and constitutional provisions in favour of fundamental rights.

Q10: What is advisory jurisdiction in the context of the Supreme Court?
Ans: Advisory jurisdiction allows the President to seek the Supreme Court's opinion on important legal or constitutional questions; the Court's opinion in such cases is advisory and not binding.

Short Answer Type Questions

Q1: Explain the concept of judicial independence and why it's essential for democracy.
Ans: Judicial independence means that judges must be free from improper influence by the Executive, Legislature or private interests. It is essential because it ensures impartial decisions, protects citizens' rights, enforces the Constitution, and prevents concentration of power-thereby sustaining democratic governance.

Q2: Discuss the controversy surrounding the appointment of judges in India.
Ans: Appointments have been controversial due to concerns about political influence and transparency. Breaks in the convention of seniority for the Chief Justice and debates over the roles of the Executive and judiciary led to the collegium system, which aims to ensure judicial primacy in appointments but has itself attracted calls for clearer rules and accountability.

Q3: Describe the structure and functions of the Supreme Court.
Ans: The Supreme Court is the highest court in India with a sanctioned strength of 34 judges. Its functions include original jurisdiction in federal disputes, appellate jurisdiction over lower court decisions, advisory jurisdiction to the President, and writ jurisdiction for protection of fundamental rights.

Q4: Explain the concept of original jurisdiction of the Supreme Court with examples.
Ans: Original jurisdiction allows parties to approach the Supreme Court directly in disputes such as a disagreement between the Union and a State over allocation of powers, or between two States over boundaries or water rights. These matters are tried first in the Supreme Court rather than in subordinate courts.

Q5: How does the Supreme Court protect individual rights through judicial review?
Ans: Through judicial review the Supreme Court examines laws and executive actions to ensure they conform to the Constitution. If a law infringes fundamental rights, the Court can strike it down. The Court also issues writs and entertains PILs to protect rights and remedy violations.

Q6: What is the significance of Public Interest Litigations (PILs) in judicial activism?
Ans: PILs enable courts to address issues affecting large numbers of people or marginalised groups who cannot approach the courts themselves. PILs have helped address environmental, social and human-rights issues and have expanded the reach of justice.

Q7: What powers do High Courts have regarding the issuance of writs?
Ans: Under Article 226, High Courts can issue writs for the enforcement of fundamental rights and for any other purpose within their territorial jurisdiction, making them important forums for seeking legal remedies locally.

Q8: Discuss the key issues that have led to disputes between the Parliament and the judiciary.
Ans: Disputes have arisen over matters such as the extent of Parliament's power to amend the Constitution, legislative restrictions on fundamental rights, appointment and removal of judges, and judicial review of executive or legislative actions. These tensions reflect the balance between democratic law-making and constitutional safeguards.

Long Answers Type Questions

Q1: Discuss the principles of an independent judiciary and its role in upholding the rule of law.
Ans: An independent judiciary rests on several principles:
- Security of tenure for judges so they are not removed arbitrarily.
- Financial independence so courts are not starved of resources.
- Institutional autonomy in matters of internal procedure and case allocation.
- Impartial appointments and safeguards against improper influence.
Role in upholding the rule of law:
- Interprets and enforces the Constitution and laws.
- Protects fundamental rights through judicial review and writs.
- Acts as a check on arbitrary power by the Executive and Legislature.
- Ensures equality before the law and fair dispute resolution.
These principles and roles together sustain constitutional democracy by making sure that laws govern, not individual preferences or raw power.

Q2: Analyze the challenges and controversies in the appointment of judges in India and the Supreme Court's recommendations.
Ans: Challenges and controversies:
- Perceived political influence when the Executive had a larger role in appointments.
- Breaks in the seniority convention created disputes and questions of fairness.
- Lack of transparency in the collegium system led to demands for clearer criteria.
Supreme Court recommendations and developments:
- The collegium system emerged from judicial decisions to give the judiciary a leading role in selecting judges.
- The Court has emphasised collegiality, competence, and integrity as key criteria.
- Ongoing debate continues about introducing a National Judicial Appointments Commission or other transparent mechanisms while preserving judicial independence.
Balancing transparency, merit, and independence remains the central challenge.

Q3: Explain the different types of jurisdiction of the Supreme Court and their significance in upholding justice.
Ans: The Supreme Court exercises:
- Original jurisdiction: Direct trial of disputes between the Union and States or among States; significant for resolving federal conflicts.
- Appellate jurisdiction: Hearing appeals from High Courts and specialised tribunals; ensures uniformity in law and corrects errors.
- Advisory jurisdiction: Advising the President on constitutional or legal questions; assists the Executive on complex issues.
- Writ jurisdiction: Under Article 32, issuing writs to enforce fundamental rights; a vital safeguard for individual liberties.
Significance: These jurisdictions together enable the Court to protect constitutional order, ensure uniform interpretation of law, and provide remedies to citizens, making it central to the administration of justice.

Q4: Elaborate on the concept of judicial activism, its impact on society, and the role of Public Interest Litigations (PILs) in promoting justice.
Ans: Concept:
- Judicial activism is a purposive approach where courts interpret the Constitution and laws broadly to protect rights and address social issues.
Impact on society:
- Positive impacts include rapid redressal of social grievances, protection of vulnerable groups, environmental protection and enforcement of socio-economic rights.
- Criticisms include charges of overreach, policy-making by courts, and potential conflict with democratic institutions.
Role of PILs:
- PILs have enabled courts to address issues affecting the disadvantaged or the public at large when other institutions fail.
- They have been used to secure environmental protection, ensure prisoners' rights, and enforce welfare measures.
Conclusion:
- Judicial activism and PILs have expanded access to justice and catalysed reform, but they must be exercised within constitutional limits to maintain the balance between judicial action and democratic governance.