Role of the Judiciary
Short Questions
1. What is the primary function of the Judiciary?
Answer: Adjudication.
2. Why is judicial independence important?
Answer: To ensure fair and equal treatment in legal disputes.
3. Which country first explicitly provided for an independent Judiciary?
Answer: United States.
4. What is the highest court in India?
Answer: Supreme Court.
5. Who appoints judges in India?
Answer: The President.
6. What is the role of the Collegium in India?
Answer: Recommends judges for appointment.
7. What is Public Interest Litigation (PIL)?
Answer: Petitions filed for public concern.
8. What is Judicial Review?
Answer: Power to check if laws align with the Constitution.
9. Name one type of writ under the Indian Constitution.
Answer: Habeas Corpus.
10. What is the Kesavananda Bharati case known for?
Answer: Establishing the Basic Structure doctrine.
Long Questions
1. What is meant by judicial independence, and why is it significant?
Answer: Judicial independence means the Judiciary operates free from Executive and Legislature influence. It ensures impartial decisions, protecting citizens’ rights and maintaining justice, especially in disputes involving the government.
2. Explain the structure of the judicial system in India.
Answer: The Indian judicial system comprises the Supreme Court at the top, High Courts for each state, and District Courts at the local level. Tribunals handle specialized disputes, all under the Supreme Court’s oversight.
3. What are the functions of the Supreme Court of India?
Answer: The Supreme Court adjudicates cases, interprets the Constitution, protects Fundamental Rights, and has advisory jurisdiction. It also hears appeals and issues writs to ensure justice.
4. How does the Judiciary ensure the protection of Fundamental Rights?
Answer: The Supreme Court and High Courts issue writs like Habeas Corpus and Mandamus to safeguard Fundamental Rights. They address violations through petitions, ensuring citizens’ dignity and justice.
5. What is the significance of the Collegium system in India?
Answer: The Collegium, led by the Chief Justice, recommends judicial appointments, reducing government influence. It strengthens judicial independence by prioritizing merit and seniority in selections.
6. What is Judicial Activism, and why is it debated?
Answer: Judicial Activism involves courts addressing public concerns proactively, like through PILs. It’s debated as some see it as necessary intervention, while others view it as overstepping into Executive roles.
7. Describe the concept of Judicial Review and its origin.
Answer: Judicial Review allows courts to invalidate laws inconsistent with the Constitution. It originated in the U.S. with the Marbury vs. Madison case in 1803, setting a global precedent.
8. What is the role of writs in the Indian judicial system?
Answer: Writs like Certiorari and Prohibition enable courts to protect rights and correct legal errors. They ensure government accountability and uphold justice for citizens.
9. How does the Kesavananda Bharati case impact Indian democracy?
Answer: The Kesavananda Bharati case (1973) established the Basic Structure doctrine, limiting Parliament’s power to amend the Constitution’s core principles. It safeguards democracy by preserving constitutional integrity.
10. Why is the Judiciary considered the guardian of the Constitution?
Answer: The Judiciary interprets laws, protects Fundamental Rights, and reviews legislation for constitutional compliance. Through Judicial Review and writs, it ensures the Constitution remains the supreme law.
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