(True/False):
The Indian judiciary follows the concept of a single, unified structure, meaning the Supreme Court has the highest authority, and High Courts and lower courts follow its judgments. Is this statement true or false? Justify your answer.
True.
Explanation: The Indian judicial system is unified, with the Supreme Court at the top, followed by High Courts at the state level and subordinate courts at the district level. This hierarchy ensures consistency in judicial interpretation.
(True/False):
Judges in the Indian judiciary are appointed by the President based on recommendations made solely by the Prime Minister. Is this true or false? Explain.
False.
Explanation: Judges are appointed by the President based on the recommendations of the Collegium system, which includes the Chief Justice of India and senior judges of the Supreme Court.
(Scenario):
A tribal community files a PIL in the Supreme Court challenging a mining project in their region that displaces them. What fundamental rights can they invoke, and how does PIL assist in such cases?
The community can invoke Articles 19(1)(e) (Right to reside in any part of India), 21 (Right to Life), and 46 (Directive Principles protecting weaker sections). PIL allows them to approach the judiciary collectively for justice.
Discuss how the judiciary ensures federalism in India through its judgments.
The judiciary resolves disputes between the Union and State governments and ensures that laws respect the federal structure. For example, in cases where states claim encroachment of their rights, the judiciary upholds the balance of power.
Assertion (A): Judicial activism strengthens democracy by holding the executive and legislature accountable.
Reason (R): Judicial activism allows courts to make laws when the legislature fails to do so.
A. Both A and R are true, and R is the correct explanation of A.
B. Both A and R are true, but R is not the correct explanation of A.
C. A is true, but R is false.
D. Both A and R are false.
B. Both A and R are true, but R is not the correct explanation of A.
The Indian judiciary ensures the rule of law by:
A. Monitoring elections and dismissing invalid ones.
B. Enforcing laws passed by the executive.
C. Resolving disputes based on constitutional principles.
D. Acting as an advisory body to the legislature.
C. Resolving disputes based on constitutional principles.
(Scenario):
A law passed by the Parliament reduces the retirement age of judges from 65 to 58 years. The Supreme Court strikes it down, stating that it violates the separation of powers. What is meant by the separation of powers?
Separation of powers refers to the division of government into three branches: the legislature, executive, and judiciary, each functioning independently without encroaching upon the other's domain.
(True/False):
High Courts only handle civil cases, not criminal cases.
False
Assertion (A): Access to the judiciary ensures that every citizen is treated equally under the law.
Reason (R): Public Interest Litigation (PIL) enables even marginalized communities to approach the courts for justice.
A. Both A and R are true, and R is the correct explanation of A.
B. Both A and R are true, but R is not the correct explanation of A.
C. A is true, but R is false.
D. Both A and R are false.
A. Both A and R are true, and R is the correct explanation of A.
Logical Chain Puzzle
The judiciary often uses precedents (past judgments) to decide similar cases. Imagine this chain of cases:
Your Task:
The process by which a judge interprets and applies the Constitution to ensure it is followed correctly in every law is called ________.
Judicial Review
Which of the following ensures Judicial Accountability in India?
A. The process of impeachment.
B. The establishment of tribunals.
C. The appointment of High Court judges.
D. The creation of Lok Adalats.
A. The process of impeachment.
Public Interest Litigations (PIL) were introduced to:
A. Increase judicial transparency.
B. Allow marginalized groups access to justice.
C. Enable the government to implement laws.
D. Reduce delays in the judicial process.
B. Allow marginalized groups access to justice
Case-Based Question:
A factory releases untreated waste into a nearby river, polluting the water and affecting the health of nearby villagers. The villagers approach the court to seek justice, but the factory argues that it is contributing to economic growth and employment in the region.
Question:
Reverse Logic
The Constitution ensures that no one is above the law, even the government. However, sometimes laws made by the legislature can violate the Constitution.
Question:
Imagine a scenario where a new law is passed that:
Restricts journalists from reporting on government actions.
Prohibits citizens from filing petitions against the government.
Which part of the Constitution is being violated?
Which institution has the power to strike down this law?
Why is this process called Judicial Review, and how does it uphold democracy?
(One-word answer):
What is the term for the legal procedure by which a citizen can directly approach the Supreme Court under Article 32 for the violation of their fundamental rights?
Writ Petition
Explain why the judiciary is described as an independent organ in the Indian democracy. What constitutional provisions protect this independence?
The judiciary is independent to ensure unbiased interpretation and enforcement of the law. Provisions such as security of tenure, fixed salaries drawn from the Consolidated Fund, and stringent impeachment processes ensure this independence.
(One-word answer):
Which article of the Constitution allows the High Courts to issue writs?
Article 226.
The judiciary ensures the rule of law through the process of _______ ________, where it can declare laws passed by the legislature or actions of the executive as ____________ if they violate the Constitution.
Judicial Review; Unconstitutional
Identify the Conflict
In a democracy, the judiciary must balance different rights. Consider this scenario:
Your Task:
Articles Involved:
Discussion:
(Scenario):
A state government passes a law that bans women under the age of 21 from traveling alone without prior permission from a family member. A group of citizens files a case in the Supreme Court challenging this law. What role does the judiciary play in such cases? Name the articles of the Constitution that might be cited in this case.
The judiciary ensures that the law does not violate fundamental rights. Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), and 21 (Right to Personal Liberty) will be cited.
Assertion (A): The judiciary protects fundamental rights through judicial activism.
Reason (R): Judicial activism allows the judiciary to interpret laws broadly and take action in the absence of explicit laws.
A. Both A and R are true, and R is the correct explanation.
B. Both A and R are true, but R is not the correct explanation.
C. A is true, but R is false.
D. Both A and R are false.
A. Both A and R are true, and R is the correct explanation.
Assertion: The judiciary in India can strike down laws that violate the Constitution.
Reason: The judiciary has the power of judicial review.
A. Both A and R are true, and R is the correct explanation.
B. Both A and R are true, but R is not the correct explanation.
C. A is true, but R is false.
D. A is false, but R is true.
A. Both A and R are true, and R is the correct explanation.
Situation-Based Question:
Imagine a situation where a state government passes a law restricting free speech in a specific region, citing "public order" concerns. A group of citizens challenges this law in court, claiming it violates their fundamental rights.
Question:
FOR 1000 POINT QUESTION IS NONE OTHER THAN...........