Test: Judiciary- Case Based Type Questions - Humanities/Arts MCQ

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The removal of judges of the Supreme Court and the High Courts is also extremely difficult. A judge of the Supreme Court or High Court can be removed only on the ground of proved misbehaviour or incapacity. A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament. It is clear from this procedure that removal of a judge is a very difficult procedure and unless there is a general consensus among Members of the Parliament, a Judge cannot be removed. It should also be noted that while making appointments, the executive plays a crucial role; the legislature has the powers of removal. This has ensured both balance of power and independence of the judiciary. So far, only one case of removal of a judge of the Supreme Court came up for consideration before the Parliament. In that case, though the motion got two-thirds majority, it did not have the support of the majority of the total strength of the House and therefore, the Judge was not removed.

Q. Does the executive have the power to remove the judge?

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The Supreme Court ordered 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 percent of the crop, of what was once the fruit bowl of Maharashtra, is gone. The fisheries have been shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered groundwater and polluted the entire ecosystem. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, but in spite of a Supreme Court order backing the pollution control plant, it was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for the 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.

Q. Who is the petitioner in the case?

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The Supreme Court ordered 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 percent of the crop, of what was once the fruit bowl of Maharashtra, is gone. The fisheries have been shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered groundwater and polluted the entire ecosystem. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, but in spite of a Supreme Court order backing the pollution control plant, it was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for the 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.

Q. What is the case about?

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The Supreme Court ordered 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 percent of the crop, of what was once the fruit bowl of Maharashtra, is gone. The fisheries have been shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered groundwater and polluted the entire ecosystem. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, but in spite of a Supreme Court order backing the pollution control plant, it was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for the 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.

Q. What arguments did the farmers put forward?

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The Supreme Court ordered 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 percent of the crop, of what was once the fruit bowl of Maharashtra, is gone. The fisheries have been shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered groundwater and polluted the entire ecosystem. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, but in spite of a Supreme Court order backing the pollution control plant, it was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for the 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.

Q. Who has been the beneficiary in the case?

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The Indian Constitution is based on a delicate principle of limited separation of powers and checks and balances. This means that each organ of the government has a clear area of functioning. Thus, the Parliament is supreme in making laws and amending the Constitution, the executive is supreme in implementing them while the judiciary is supreme in settling disputes and deciding whether the laws that have been made are in accordance with the provisions of the Constitution. Despite such clear-cut division of power, the conflict between the Parliament and judiciary, and executive and the judiciary has remained a recurrent theme in Indian politics.

Q. State the main function of the judiciary.

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The Indian Constitution is based on a delicate principle of limited separation of powers and checks and balances. This means that each organ of the government has a clear area of functioning. Thus, the Parliament is supreme in making laws and amending the Constitution, the executive is supreme in implementing them while the judiciary is supreme in settling disputes and deciding whether the laws that have been made are in accordance with the provisions of the Constitution. Despite such clear-cut division of power, the conflict between the Parliament and judiciary, and executive and the judiciary has remained a recurrent theme in Indian politics.

Q. What is the Indian Constitution based upon?

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The Indian Constitution is based on a delicate principle of limited separation of powers and checks and balances. This means that each organ of the government has a clear area of functioning. Thus, the Parliament is supreme in making laws and amending the Constitution, the executive is supreme in implementing them while the judiciary is supreme in settling disputes and deciding whether the laws that have been made are in accordance with the provisions of the Constitution. Despite such clear-cut division of power, the conflict between the Parliament and judiciary, and executive and the judiciary has remained a recurrent theme in Indian politics.

Q. The ________________ is supreme in making laws.

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The Indian Constitution is based on a delicate principle of limited separation of powers and checks and balances. This means that each organ of the government has a clear area of functioning. Thus, the Parliament is supreme in making laws and amending the Constitution, the executive is supreme in implementing them while the judiciary is supreme in settling disputes and deciding whether the laws that have been made are in accordance with the provisions of the Constitution. Despite such clear-cut division of power, the conflict between the Parliament and judiciary, and executive and the judiciary has remained a recurrent theme in Indian politics.

Q. State the main function performed by the Parliament and the Executive.

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Besides, as we saw in the section on jurisdiction of the Supreme Court, in the case of federal relations too, the Supreme Court can use the review powers if a law is inconsistent with the distribution of powers laid down by the Constitution. Suppose, the central government makes a law, which according to some States, concerns a subject from the State list, then the States can go to the Supreme Court and if the court agrees with them, it would declare that the law is unconstitutional. In this sense, the review power of the Supreme Court includes power to review legislations on the ground that they violate fundamental rights or on the ground that they violate the federal distribution of powers. The review power extends to the laws passed by State legislatures also.

Q. Is it an important and a necessary feature of Indian judiciary?

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Besides, as we saw in the section on jurisdiction of the Supreme Court, in the case of federal relations too, the Supreme Court can use the review powers if a law is inconsistent with the distribution of powers laid down by the Constitution. Suppose, the central government makes a law, which according to some States, concerns a subject from the State list, then the States can go to the Supreme Court and if the court agrees with them, it would declare that the law is unconstitutional. In this sense, the review power of the Supreme Court includes power to review legislations on the ground that they violate fundamental rights or on the ground that they violate the federal distribution of powers. The review power extends to the laws passed by State legislatures also.

Q. The judicial review empowers the _____________ of India to examine whether the provisions of the legislation passed by the legislature are in line with the provisions of the Constitution of India or not.

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Besides, as we saw in the section on jurisdiction of the Supreme Court, in the case of federal relations too, the Supreme Court can use the review powers if a law is inconsistent with the distribution of powers laid down by the Constitution. Suppose, the central government makes a law, which according to some States, concerns a subject from the State list, then the States can go to the Supreme Court and if the court agrees with them, it would declare that the law is unconstitutional. In this sense, the review power of the Supreme Court includes power to review legislations on the ground that they violate fundamental rights or on the ground that they violate the federal distribution of powers. The review power extends to the laws passed by State legislatures also.

Q. The Supreme Court can use the review powers if a law is ____________with the distribution of powers laid down by the Constitution.