judiciary

Question 1

what is rule of law?

Answer 1

it means that all individuals are subjected to the same law.

Question 2

5 functions of the judiciary

Answer 2

1. protect rule of law
2. ensure supremacy of law
3. safeguard rights
4. settle dispute
5. safeguard democracy

Question 3

how are judges immune from criticism?

Answer 3

the court can penalize those found guilty of contempt of court.
the parliament also can’t discuss the behavior of judges except during the proceedings to remove a judge.

Question 4

Who all influence the process of appointment of judges?

Answer 4

Council of ministers, governors, chief ministers and CJI.

Question 5

how is cji appointed?

Answer 5

the senior-most judge of the sc is appointed as cji. The present cji recommends judges.

Question 6

how can judges be removed?

Answer 6

they can be removed after a proper investigation. there needs to be a special majority in both houses of parliament. there also needs to be a general consensus among the members.

Question 7

what is the structure of judiciary in India?

Answer 7

Supreme court –> High Court–> District court–> subordinate court

Question 8

4 jurisdictions of the supreme court.

Answer 8

Original. Appellate. Writ . Advisory.

Question 9

what is article 137?

Answer 9

SC has the power to review any judgement pronounced or order made by it.

Question 10

what is article 144?

Answer 10

All authorities, civil nd judicial, in the territory of india shall act in aid of the supreme court.

Question 11

what is a PIL?

Answer 11

Public interest litigation

Question 12

How are PIL’s filed?

Answer 12

It can be filed on behalf of an aggrieved person. Letters and news articles were also accepted as PIL’s.

Question 13

3 positive aspects of PIL’s

Answer 13

1. Democratizes judicial system
2. It forces the executive to be accountable
3. It has attempted to bring electoral reform.

Question 14

2 negative aspects of PIL’s

Answer 14

1. It overburdens the courts
2. It has blurred the distinction between Legislature & executive and the judiciary.

Question 15

What are the 2 ways in which Judiciary can remedy right violations?

Answer 15

1. Judicial review.
2. Issuing writs

Question 16

What is judicial review?

Answer 16

It is the power of the SC or HC to determine the constitutionality of a law, and if needed, and declare it unconstitutional and inapplicable.
While the term isn’t mentioned in the constitution, it is described.

Question 17

3 main points of the Kesavananda Bharti case

Answer 17

1. Basic structure of the constitution can’t be violated by anyone.
2. Right to property is not a fundamental right.
3. It has the right to decide if various matters are a part of the basic structure of the constitution.