NCERT Solutions For Class 11 Political Science Chapter 12 Judiciary

 The ways in which the independence of judiciary is ensured are:

1. The judges have a fixed tenure. Judges are generally not removed before the age of retirement.
2. Parliament has no say in the appointment of judges.
3. Judge of a high court cannot be transferred to another high court. This statement is wrong. Judges of high court can be transferred to another high court.

Statements (i) is odd one out from the given statements.

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 Court 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 it is not binding on the president to accept the advice as it is.

• The government wanted to know if it can pass a law about the citizenship status of residents of Pakistan-occupied areas of Jammu & Kashmir. It is an advisory function.
• In order to resolve the dispute about river Cauvery, the government of Tamil Nadu wants to approach the court. It is an original jurisdiction.
• The Court rejected the appeal by people against the eviction from the dam site. It is an appellate jurisdiction.

1. The central government and the Delhi Government.
2. The role of the Supreme Court is to see that the government policies and actions at central as well as states are in tune with the parameters of the pollution control regimes or not. If not-it has to see that the governments comply with these parameters. It is in these regards that the Supreme Court had asked for phasing out all non-CNG commercial vehicles on September 22, 2001, within a week. Keeping in view the difficulties in implementing it, the Supreme Court later gave a breather to the government that it had never insisted on CNG for taxis and auto-rickshaws but it refused to relax the only CNG norms for city’s buses.
3. This episode shows that the judicial activism of the courts. The Supreme Court was concerned about the environmental degradation in the city. To stop the decaying, court directed the Delhi government, for phasing out all non-CNG commercial vehicles in a week. It s duty of the government to ensure a pollution-free environment. Here check and balance was also operating between the executive and the judiciary. The judiciary has to see that the government does not bypass its commitments. The Contempt of Court may follow if the government is not able to comply with the direction of the Supreme Court.
4. Due to this report, it is necessary to remove pollution. All the commercial vehicles which are fulfilling Euro-2 are allowed to run in the city. The government wants to increase the time period to convert its fleet of 10,000 buses into CNG 

The independence of the judiciary does not mean that judiciary is not accountable to anyone but it means:

Separation of power is suggested by Montesquieu for the proper functioning of all the three organs of government. If there is higher authority that can resolve dispute between these three organs and compel them to stick to role assigned by constitution is good for the nation.

Agree, judicial activism can lead to a conflict between the judiciary and the executive because judicial activism has a great impact on the political system.

• Judicial activism makes the electoral system much easier by making it free and fair.
• The courts guided the candidates to file an affidavit which gives details of their assets and income along with educational qualifications to let the voters know about them and to make the executive more accountable.
• This gives dissatisfaction to the candidates and judicial activism has blurred the line of distinction between the executive and legislature on the one hand and the judiciary on the other. The court has been involved in resolving issues which belong to the executive.
• Reducing air or sound pollution or investigating cases of corruption or bringing about electoral reform is not duty of judiciary; these are the duties to be performed by the executive. Hence, sometimes judicial activism can lead to a conflict between the judiciary and executive.

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 court 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.

1. A case of pollution by Reliance Thermal Plant.
2. The farmers have been beneficiary
3. The chikoo growers of Dahanu
4. The main contention of Dahanu Taluka Environment Protection Authority and the Supreme Court was setting up of a pollution control plant. Reliance acquired the plant in 2003, so it pleaded for further extension of time limit for setting up of pollution control unit. The pollution was not wholly of its making as it had acquired the plant in 2003. Accordingly, it had argued for the reduction of the penalty.
5. The farmers might have argued that since Reliance had failed in its commitment to install the pollution control unit in 2004, it did not have intentions to do it, so it must be penalized to some greater extent.

In simple words, public interest litigation (PIL) means that the person and associations other than the sufferers have the right to seek justice on their behalf.

The concept states that a person can seek justice not only for himself but for any other means that has undergone a similar change.

• 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.
• This case involved an important issue of public interest which involved the betterment of life of the poor.
• Even the voluntary organizations sought judicial intervention for the protection of existing rights of the poor.
• Public Interest Litigation (PIL) is a tool. For judicial Activism which includes protection of the environment, the prohibition of trafficking especially of women, bonded labour, grievances of weaker sections and relief for under trail prisoners in jail, etc.
• The problems of the poor are of different kinds which can be solved by the intervention of the Supreme Court. After filing Public Interest Litigation (PIL).

Independence of Judiciary

• The independence of judiciary means that other organs of government should not interfere in the functioning and decisions of the judiciary.
• Judiciary can perform its duties without any favour or fear.

Various provisions in the constitution to ensure the independence of the judiciary are as follows:

1. Parliament has no say in the appointment of judges.
2. The judges enjoy a fixed tenure as they hold office till the age of their retirement and the constitution prescribes a very difficult procedure for exceptional cases if required.
3. The action and decisions of the judges are not found guilty of the contempt of court.
4. The salaries and allowances of the judges are not subjected to the approval of the legislature as per the constitution.
5. The judiciary can penalize them who are found guilty of the contempt of court.
6. The constitution specifically bars the parliament from discussing the conduct of the judges except for the impeachment proceedings.

The constitution of India grants the following Fundamental Rights to its citizens

All the said fundamental rights are protected under the ‘Right to constitutional Remedies’ (Articles 32 and 226) by providing the writs of

• Habeas corpus
• Mandamus
• Quo warranto
• Prohibition
• Certiorari

• The Supreme Court can declare the concerned law as unconstitutional and therefore non-operational. (Article 13).
• The power of judicial review of the Supreme Court on the ground that they violate the fundamental rights.
• Hence, the judiciary is enabled to protect the constitution effectively and the rights of citizens as well.
• The practice of entertaining the Public Interest Litigation has also further added to the power of the judiciary in protecting the rights of citizens.
   

Various writs under Right to Constitutional Remedies

1. Habeas Corpus

1. If somebody is taken into custody against the spirit of laws.
2. The detainer is ordered to produce the detainee before the court.

2. Mandamus:
   1. Issued by Supreme Court to the lower court, official, etc.
   2. It protects the right of the petitioner and to get duties done by the authority against whom the writ is issued.
3. Quo warranto:
   1. Issued to an individual who has usurped a public office.
   2. Through the writ, the person is asked to uphold the said office.
4. Prohibition:
   1. Issued by a higher court to a lower court.
   2. It is issued when either the lower court exercises the power beyond its limitations.
5. Certiorari:
   1. Issued along with the writ of prohibition
   2. Higher court orders a lower court to send the records concerned with care therewith to the former.