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lQ, , ~s;, , -::::::::========_:!J~u~d~ic:ia~ry!, , \ FACTS THAT MATTER, , ., J di ., 66, , • u ciary is an independen t b d, o y to settle dow th d', 1, ~.i, , ., -., '\, P·., , Jl, , or groups or government on the basis of th nl e isputes arisen between the individuals, ·, e ru e of law., • The rule oflaws ensures sup, remacy oflaw wh· h fi, di, ic _sa eguards the rights of individuals settles, sputes and ensures that democracy d, ,, . . ., giv, not, oes, l, ·, di, ·, . e way to md1v1dual or group dictatorship., • A JU c1ary s 1ould be independen t, ., h, 1t, executive or lecn, means, . or decisions of th, . th fun ct.10mng, o .. s a ure s ould not mterfere either, . d. ., m .e, e JU iciary as well as judges could perform their duties, without any fear or favour., ., . . fi ., • The Constitutio n of India has the, judicial system., mtegrated, smgle, or, provision, C, ., • The provisions for the Supr, eme ourt of India have been made consisting a Chief Justice, and 31 other judges., , ~, , -~, , ., , ·, • The Chief Justice oflndia is appo·m t edbY the President, under Article 124 of the Constitution., ., H h uld b th, e e semormost Judge of the Supreme Court., e s. o, • The Judg~s of ~he Supre~e Court and a High Court are appointed by the President after, consultat10n with the Chief Justice of India., • The judges of the Supreme Court holds the office till the age of 65 years., • The salaries of Supreme Court judges are determined by the Parliament by law, which are, specified in the second schedule., • A judge of the Supreme Court or a High Court can be removed only on the ground of, misbehavio ur or incapacity. If some charges are imposed against the judges, it must be, approved by special majority in both the houses., • When the office of the Chief Justice falls vacant, the duties may be performed by the other, judge of the same category to whom the President may appoint for the same purpose., • The Supreme Court exercises its jurisdiction in the form of Original, Writ, Appellate, Advisory, ., and Special Powers., and the state~ and among states., umon, the, between, disputes, settle, To, Original:, (a), (b) Writ: Can issue constitution al writs to protect funda~e~tal rights of the people., ·'.'.l>als in civil, criminal and constitutional cases., .T ., d1, t, f bl' ·, appc;, (c) AppeIIa t e. nes, he President on the matters o pu ic impor ance an aw., ., ., . l l e to an appeal from any judgement or matter, (d ) Advisory: AdVIses t, (e) Special powers: Can grant specia eav ., . th territory of India., b' d'ng on all courts. It can transfer the judges of, passed by any court m e, Court are m 1to itself or can transfer cases from one ffigh, rt, • The decisions of the Supreme, High Courts, can move cases from any cou, ts can issue writs to resort fundamental, Court to another., • The High Court hears appeals fr~m _lo~e~ ::;io~ of the states and exercise control and, w1thm Juris, rt, rights can deal with the cases, bordinate cou s., ., ', superintend ence over its su, , 81

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prescribes very difficul t proced ure for, e co -s y s tem . Th e D a h a n u Tai u k a, exceptional cases if requir ed., Environment Protection Authori ty ordered, the thermal station to set up a pollution, . The action and decisions of the judges, control, unit to reduce sulphur emissio ns,, 3 are immun e from persona l criticism, ., and in spite of a Suprem e Court order, backing the order the pollutio n control, . The salaries and allowances ofthe judges, 4 are not subjected to, plant, was not set up even by 2002. In 2003,, t he approval of the, Reliance acquired the thermal station and, legislature as per the Constitution., re-subm itted a schedule for installa tion, process in 2004. As the pollution control, 5. The judiciar y can penalise them who are, plant is still not set up, the Dahanu Taluka, round guilty of the contem pt of court., Environmental Protection Authori ty asked, 6. The Constit ution specifically bars the, Reliance for a bank guarant ee of ~ 300, parliam ent from discussing the conduct, crores., of the judges except the impeac hment, Ans. 1. A case of polluti on by Rel iance, proceedings., Thermal Power Plant., Q4, Read the news report below and identify, 2. The farmers have been beneficiary., the following aspects:, 3. The chikoo growers of Dahanu., • What is the case about?, 4. (a) The main contention of Dahanu, • Who has been the beneficiary in the, Taluka Enviro nment Protection, Authority and the Supreme Court, case?, • Who is the petition er in the case?, was setting up of a pollut ion, • Visualise what would have been the, control plant., (b ) Reliance acquire d the plant in, different argume nts put forward by, 2003, so it pleaded for further, the company., extension of time limit for setting, • What argume nts would the farmers, up, of pollution control plant.', have put forward?, (c) The pollution was not wholly of, Suprem e Court orders REL to pay, its making as it had acquire d the, t 300 crore to Dahanu farmer s, plant in 2003., Our Corporate Bureau 24 March 2005, (d) Accordingly, it had argued for the, Mumbai: The Suprem e Court has ordered, reduction of penalty ., Reliance Energy to pay t 300 crores to, 5. The farmer s might h ave argued, farmers who grow the chikoo fruit in the, that since Reliance had failed in it s, Dahanu area outside Mumba i. The order, commitment to install the pollution, comes after the chikoo growers petitioned, control unit in 2004, it did not have, the court against the pollution caused by, intenti ons to do it, so it must be, Reliance'~ thermal power plant., penalised to some greater extent., Dahanu, which is 150 km from Mumbai,, was a self-sus taining agricul tural and, Q5. Read the following news report and,, • Identify the governments at differen t, horticu lt ural econom y k nown for its, levels., fisheries and forest s just over a decade, • Identify the role of the Suprem e, ago, but was devasta ted in 1989 when a, thermal power plant came into operation, Court ., in the region . The next yaar, this fertile, • What elemen ts of t he worki ng of, belt saw its first crop failure. Now, 70 per, j udiciary an d execut ive can you, cent of the crop of what was once the fruit, identify in it?, bowl of Maharashtra is gone. The fisheries, • Identify the policy issues, m a t t ,,1 have shut and the forest cover has thinned., related to legislation, imp1ern en t ·,, ,, ,1, Farmers and environ mentalists say that, and interpr etation of the IFl" , 1. , I , I, fly ash from the power plant entered, in this case., ground water, , -, , and pollute d the entire, , JUDICIARY, , 83, , i, f·

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\, , \, , Q6. The following ~s _a s_t~tement' about, Ecuador. What s1m1lanties or differences, do you find between this example and, the judicial system in India?, -:;It would be helpful if a body of common law, or judicial precedent, existed that could, clarify ajournalist's rights. Unfortunately, Ecuador's courts don't work that way'., J udges are not forced to respect the rulings, of higher courts in previous cases. Unlike, the US , an appellate judge in Ecuador, (or elsewhere in South America, for that, matter) need not provide a written decision, explaining the legal basis of a ruling. A, judge may rule one way today and the, opposite way, in a similar case, tomorrow,, without explaining why.", , Ans. No similarity is found in this example, between Ecuador and India because:, 1. In India, judicial decisions play an, , important role in the form of sources of, law-making., 2. The judges give their own interpretations, to decide the cases to expand or, modify laws., 3. The rulings of the Supreme Court and, high courts are often quoted by lawyers, with effect and authority., 4. In the example given above, it would be, helpful if a body of common or judicial, precedent existed to clarify a journalist's, right., In Ecuador, the judiciary does not work, in the same manner, hence judicial, decisions do not become the precedents, and the judge may rule one way today, and the other way tomorrow without, explaining why., Q7. Read the following statements. Match, them with the different jurisdictions the, Supreme Court can exercise - Original,, Appellate, and Advisory., • The government wanted to know if it can, pass a law about the citizenship status, of residents of Pakistan-occupied areas, of Jammu and Kashmir., • In order to resolve the dispute about, river Cauvery the government of Tamil, Nadu wants to approach the court., • Court rejected the appeal by people, against the eviction from the dam site., - - - --, , Ans. Original Jurisdiction: The cases, which can be directly considered by the, Supreme Court without going to the, lower courts earlier., Appellate Jurisdiction: The Supreme, Court is the highest court of appeal, against the decisions of the high courts, but it should be certified that the case, is fit for appeal., Advisory Jurisdiction: The President, can refer any matter which is of public, interest but is not binding on the, President to accept the advices as it is., 1. The government wanted to know if it can, pass a law about the citizenship status, of resident~ of Pakistan-occupied areas, of Jammu and Kashmir., It is an Advisory Jurisdiction., 2. In order to resolve the dispute about, river Cauvery the government of Tamil, Nadu wants to approach the court., It is an Original jurisdiction., 3. Court rejected the appeal by people, against the eviction from the dam site., It is an Appellate Jurisdiction., QS. In what way can public interest litigation, help the poor?, Ans. 1. Since 1979, the court has changed the, trend for the poor in the situation or, case, if the case was filed by others, on behalf of aggrieved persons., 2. This case involved an important issue, of public interest which involved the, betterment of life conditions of the, poor., 3. Even the voluntary organisations, sought judicial intervention for, protection of existing rights of the, poor., 4. Public Interest Litigation (PIL) is, a tool. For judicial activism which, include protection of environment,, prohibition of trafficking especially, of women, bonded labour, grievances, of weaker sections and relief for, under trial prisoners in jail, etc., 5. Example: Hussainara Khatoon vs., Bihar case, a petition was filed by an, advocate in favour of many prisoners, , - - - - - - - - - - - - - - - - - -·-, , - - J UDICIARY, , ·.., , 85

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ADDITIONAL QUESTIONS WITH ANSWERS, 11Mark], ~ . u·ve Type Questions, ObJCC, 1·, Which of the following statement s about, Ql• the Supreme Court is incorrect?, ( ) the Supreme Court can move cases, a, from any court to itself., (b) It can transfer judges of High Courts., (c) It can deal with cases within the, jurisdiction of the state., (d ) It can transfer cases from one High, Court to another ., AnS• (c), Q . Which of the foll?~g statements about, 2, , Q5. The ....... ..... settles di sputes between, citizens and the governmen t., (a) District Court (b) High Court, (c) Supreme Court (d) SubordinateCowt, , Ans., , (c), , Q6. Which of the following courts can issue, writs for restoring Fundamental Rights?, (a) Supreme Court (b) High Court, (c) District Court (d ) None of these, , Ans. (b), Q7. Choose the wrong statement., (a ) The Indian Constitution has ensured, , the independence of the judiciary, through a number of measures., (b) The removal ofjudges of the Supreme, Court and the High Courts is very, easy for the President., (c) A person can move to the Supreme, Court against the decisions of the, High Court., activism has had manifold, Judicial, (d), impact on the political system., , the High Court 1s mcorrect?, (a) It considers cases of civil ·and, criminal cases., (b) It can hear appeals from lower, courts., (c) It can deal with cases within the, jurisdictio n of the state., (d) It exercises superinte ndence and, control over District Courts and, Subordina te Courts., , Ans. (a), Q3. Which of the following statements about, the District Court is incorrect?, (a) It deals with cases arising in the, district., (b) It considers appeals on decisions, ., given by lower courts., serious, involving, (c) It decides cases, criminal offences., (d) Its decisions bind to all courts., , Ans. (d), , ., , 0, , Q4. Identify the Jurisdictio n on the basis ~, the following informatio n., The President of In dia can refer any, rtance or, . ·, f, ., matter that is of pub11c impo, that which involves interpreta tion, Constitution to the Supreme Court for, , Ans., , Ans. (d), Q9. Who appoints the judges of the Supreme, Court and the High Courts?, (a) The President, ·, (b) The Prime Minister, (c) The Chief Justice of the Supreme, , °, , advice., (a) Original Jurisdictio n, (b) Writ J urisdiction, (c) Appellate Jurisdictio n, (d) Advisory Jurisdictio n, , Ans., , (d), , (a ), , QS. What does independence of the judiciary, mean?, (a ) It is not under the control of the, legislature or the executive., (b ) The judges do not act on the direction, of the government., (c) The judges do not act according to, the wishes of the party in power., (d ) All of the above, , Court, , (d) The President on th~ advice of ~he, , Prime Minister and m consultat10n, with the Chief Justice of the Supreme, Court, , Ans., , (d), _ _ _ _ _ _ _ _ J UDICIARY, , 87

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When did impeachment take place, against a judge?, , (i), , (a ), (c), , Ans., (ii), , In 1991, In 1993, , In 1990, (d ) In 1995, (b ), , (a.), , Name the Judge against whom the, impeachment procedure took place., (a ) Justice Madhukar Hiralal Kania, (b ) Justice Lalit Mohan Sharma, (c) Justice Ramaswamy, (d ) Justice J .S. Verma, , (ii) The Parliament is s uprerne .J, , law-making and ame nding t~, Constitution while the executive, implements them., e, (iii ) The judiciary is supreme in sett}j, disputes and deciding whether t~:, laws ha:e. been made .according to, the proVIs10ns of Constitution., Q3. Read the passage given below carefull, and answer the questions that follow/, Besides, as we saw in the section on, j urisdiction 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 subj ect 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 u nconstitutional. In, this sense, the review power of the, Su pr eme 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., , Ans. (c), Q2. Read the passage given below carefully, and answer the questions that follow:, The Indian Constitution is based, on a delicat e 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 Cons titu t ion , the, executive is supreme in implementing, them while the judiciary is supreme, in settling disputes and deciding, whether the laws that have been, mad e are in accordance wit h the, provisions of the Constitution. Despite, such clear cut division of power the, conflict between the Parliament, and judiciary, and executive a nd, the ju d ic iary has remaine d a, recurrent t h eme in Indian politics., What is the base oflndian Constitution?, (ii ) What are the main functions of the, Parliament and executive?, (iii) Mention one important function of, judiciary., Ans. (i) The Indian Constitution is based, on a delicate principle of limited, separation of powers and checks, and balances mean each organ, of government has clear area of, functioning., (i), , 92, , What is judicial review by the Suprern£, Court?, (ii) What does judicial review consist of?, (iii) How does judicial review extend in th1, federal distribution of power?, Ans. (i) The judicial review is the power 0, the Supreme Court to examine th, constitutionality of any law., (ii) It consists that the Supreme Cour, can strike down a law t hat goe, against Fundamental Rights., (i), , Political Science-XI - - - - - - - - - - - - - - - - -- - -

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·· ·) It entertain s the appeals against, (liL Jower courts in civil or criminal cases, to be decided by session judge or, district judge. It has power to hear, appeals against all types of cases., (iv ) It also per~orms _ the function of, judicial .review, 1.e. the power to, declare a law unconstit utional, if it, goes against the Constitut ion., Q . Ex.plain the compositi on and jurisdicti on, 3, of the subordin ate courts at the district, level in India., Ans· The jurisdict i?n ?f the s~bordin ate, courts at the d1stnct level 1s classified, into:, (a ) The Criminal Courts, (b) The Civil Courts, (c) The Revenue Courts, (a) The crimina l courts:, (i) The highest court in a district is the, District and Session judges' court to, be empower ed to hear both the civil, and criminal cases., District and Session judges,, The, ), (ii, both are the same person, in case of, hearing of civil cases, the same judge, is known as a session judge., (iii) A Session judge is appointe d by, the Governo r of the state in the, consultat ion with the Chief Justice, of the High Court under whose, jurisdicti on the state falls., (iv) Some other session judges can also, be appointed if required., (v ) He hears appeals from subordin ate, courts in the matters of serious, crimes , i.e . murder, dacoitie s ,, physical torture, etc., (vi ) He is empowe red to award the, sentence to death but this should be, ( .. confirmed by the High Court., vii) The lowest criminal court in the, district is third class M a gistrate, to hear small cases of beating a nd, quarrelli ng and is empower e d to, sentence one month's imprison ment, ; nd fine of upto ~ 50 only., (viii) _, he second class m agistra t e comes, next to th e aboveme ntioned to hear, -, , -, , - - - - - - - - - --, , the cases of some more graver nature, and is empowere d to sent ence for six, months' imprisonm ent a n d fine upto, ? 200 only ., (ix ) Then, comes first class Magistra te, above them to enjoy appellate and, original jurisdicti on both in the cases, involving a sentence ofimpriso nment, upto two years and a fine upto ~ 1,000., (x ) Against the first class Magistra te's, courts, the appeals can be filed in the, district and session courts., (b) The Civil Courts:, (i) The district judge is the highest civil, court in a district., (ii ) There are many sub-judge s under, him under various courts, to be, divided into several ranks., sub-judge s can hear the cases, These, ), (iii, involving an amount of~ 5,000 only,, who possess original jurisdicti on and, hear the appeals against Munsifs, court also., (iv) The Munsif court is compete nt to, hear the cases involving an amount, of~ 2,000 only., (v) Some courts compete nt to hea r, small cases involving an amount of, ~ 1,000 have also been establish ed, and against the decision ofthis court, ', no appeal can be made because very, experienc ed persons are appointe d, as judges here., ( vi) There are also some senior civil, judges to help t he dis trict judges, who generally possess t he powers of, a district judges., (c) Revenue courts:, (i ) Revenue courts h ear the a ppeals, relating to revenue of the district., (i i) The lowes t Revenue court is the, court of N a ib Tehsilda r and a bove, him, the court of Teh sildar t o h ear, the revenu e ca ses., (iii) The high est revenu e court in the, district is t h e cour t of Collector, (Deputy Commissioner )., - - - --, , - --, , -, , -, , -, , JUDICIARY, , Ill 9 5