5. Indian Judiciary Flashcards
(157 cards)
1
Q
What is the role of the judiciary in India?
A
The judiciary in India serves as the final arbiter of justice and the guardian of the Constitution, ensuring that the principles of equality, liberty, and justice are upheld, and that the rule of law prevails.
2
Q
What does the term ‘judicial activism’ refer to?
A
Judicial activism refers to the proactive role of the judiciary in interpreting laws and the Constitution, often leading to social change and influencing public policy.
3
Q
What is the significance of the Doctrine of Basic Structure in the Indian Constitution?
A
The Doctrine of Basic Structure enhances the power of judicial review by ensuring that certain fundamental features of the Constitution cannot be altered or destroyed by amendments.
4
Q
How has the jurisdiction of the Supreme Court evolved as a constitutional court?
A
The jurisdiction of the Supreme Court has evolved to encompass a broader interpretation of its powers, allowing it to address issues of fundamental rights and constitutional governance more effectively.
5
Q
What is the concept of public interest litigation (PIL) in India?
A
Public interest litigation (PIL) is a legal mechanism that allows individuals or groups to file petitions in court for the protection of the public interest, particularly in cases of social justice and human rights.
6
Q
What is the significance of the Kesavananda Bharati vs. State of Kerala case in the context of judicial review?
A
The Kesavananda Bharati vs. State of Kerala case established the doctrine of the ‘basic structure,’ which limits Parliament’s power to amend the Constitution, thereby reinforcing the principle of judicial review.
7
Q
What role does the Supreme Court play as the guardian of the Constitution?
A
The Supreme Court is the guardian of the Constitution and the final interpreter of its provisions, with the authority to strike down any law or government action that violates the Constitution.
8
Q
How does Public Interest Litigation (PIL) function within the Indian judiciary?
A
Public Interest Litigation (PIL) allows individuals or groups to file petitions in the Supreme Court to address societal issues, thereby enabling the judiciary to take proactive measures in matters of public concern.
9
Q
What are the fundamental rights protected by the Supreme Court of India?
A
The Supreme Court protects fundamental rights such as the right to equality, freedom of speech, and the right to life and personal liberty, allowing individuals to approach the Court directly under Article 32 to enforce these rights.
10
Q
What is the impact of judicial activism in India?
A
Judicial activism in India has led to proactive involvement of the judiciary in areas such as environmental protection, human rights, and social justice, exemplified by cases like M.C. Mehta vs. Union of India.
11
Q
What is Public Interest Litigation (PIL) and its significance in the Supreme Court of India?
A
Public Interest Litigation (PIL) allows citizens to seek justice on behalf of marginalized and underprivileged individuals, providing a platform for the Court to address pressing social issues and ensure social justice.
12
Q
How has the Supreme Court of India contributed to environmental protection?
A
The Supreme Court of India has emerged as a prominent environmental protector by taking measures to safeguard India’s ecological heritage, issuing directives in cases like M.C. Mehta vs. Union of India to address environmental concerns.
13
Q
What role does the Supreme Court play in balancing powers among the branches of government?
A
The Supreme Court plays a vital role in maintaining the balance of powers between the executive, legislative, and judicial branches, acting as a check on potential overreach or abuse of power by any branch.
14
Q
What was the impact of the Government of India Act, 1935 on the jurisdiction of the Supreme Court?
A
The Government of India Act, 1935 established the Federal Court of India, the precursor to the Supreme Court, which had limited jurisdiction primarily handling disputes between British provinces.
15
Q
How did the Constitution of India influence the jurisdiction of the Supreme Court post-independence?
A
The adoption of the Constitution of India in 1950 established the Supreme Court as the highest judicial authority with extensive jurisdiction, particularly under Article 32 for enforcing fundamental rights and Article 136 for special leave petitions.
16
Q
What is the significance of the case A.K. Gopalan vs. State of Madras (1950)?
A
This case laid the foundation for the Supreme Court’s role as a constitutional court and established a dynamic interpretation of fundamental rights, ensuring broader protection.
17
Q
What is Public Interest Litigation (PIL) and its importance in the Indian judiciary?
A
PIL is a legal tool that allows any citizen to seek legal remedies on behalf of marginalized and underprivileged individuals, significantly advancing public advocacy and social justice.
18
Q
How did the Supreme Court’s ruling in the Vishaka case (1997) impact workplace rights?
A
The Supreme Court issued guidelines to combat workplace sexual harassment, highlighting the judiciary’s commitment to social justice and the protection of women’s rights in the workplace.
19
Q
What was established by the Kesavananda Bharati v. State of Kerala (1973) case?
A
This case established the doctrine of the ‘basic structure’ of the Constitution, implying that Parliament could amend any part of the Constitution as long as it didn’t alter its essential features, thereby curtailing its amending power.
20
Q
What does the case Maneka Gandhi v. Union of India (1978) signify in terms of personal liberty?
A
This case broadened the interpretation of Article 21, establishing that ‘personal liberty’ includes various fundamental rights and that laws depriving personal liberty must meet the test of reasonableness and fairness.
21
Q
What role has the Supreme Court played in environmental jurisprudence in India?
A
The Supreme Court has actively engaged in environmental protection through landmark judgments, emphasizing the importance of environmental safeguards and addressing growing environmental concerns.
22
Q
What challenges does the Supreme Court currently face?
A
The Supreme Court faces challenges related to mounting case backlogs, procedural delays, and calls for judicial reforms to improve efficiency and access to justice.
23
Q
What is the significance of the Maneka Gandhi case in relation to Article 21?
A
The Maneka Gandhi case is a landmark decision that broadened the interpretation of personal liberty under Article 21, emphasizing the importance of fairness and reasonableness.
24
Q
What guidelines were established in the Vishaka v. State of Rajasthan case?
A
The Vishaka case set crucial guidelines for addressing workplace sexual harassment, paving the way for the enactment of the Sexual Harassment of Women at Workplace Act, 2013.
25
How did the Aadhaar Judgment (2018) address privacy issues?
The Aadhaar Judgment upheld the constitutionality of the Aadhaar project while imposing restrictions on its usage, recognizing informational privacy as part of Article 21.
26
What was the outcome of the Rajagopal v. State of Tamil Nadu case regarding privacy?
The Rajagopal case established that the right to privacy is part of the right to life and personal liberty under Article 21, laying the groundwork for recognizing privacy as a fundamental right.
27
What impact did the Navtej Singh Johar v. Union of India case have on Section 377?
The Navtej Singh Johar case decriminalized consensual homosexual acts, recognizing that Section 377 violated fundamental rights, including the right to equality and freedom of expression.
28
What was the Supreme Court's ruling in the Indian Young Lawyers Association v. State of Kerala case?
The Supreme Court ruled that the exclusion of women of menstruating age from the Sabarimala temple was unconstitutional, marking a significant step toward gender equality in religious practices.
29
What is the role of the Indian Supreme Court in upholding fundamental rights?
The Indian Supreme Court plays a crucial role in interpreting and expanding fundamental rights, described by legal scholar Granville Austin as a 'pinnacle of activism.'
30
What is the significance of the basic structure doctrine established in the Kesavananda Bharati case?
The basic structure doctrine ensures that the Constitution's fundamental features cannot be altered by Parliament, preserving the rule of law and the sanctity of the Constitution's core values.
31
How does Public Interest Litigation (PIL) impact the Indian judicial system?
PILs provide a platform for the marginalized, but excessive PILs have led to a judicial backlog, with over 30 million cases pending in Indian courts as of 2021.
32
What role does the Indian judiciary play in addressing socio-economic disparities?
The judiciary supports reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes in education and employment, addressing socio-economic disparities, though debates on their efficacy and fairness continue.
33
How does the Indian judiciary contribute to global engagement in legal matters?
The Indian judiciary's pronouncements shape India's stance on international law and human rights, reflecting its engagement with global legal discourse, as noted by legal scholar A.S. Anand.
34
What is the importance of judicial review in the Indian judicial system?
Judicial review allows the Supreme Court to invalidate laws and government actions inconsistent with the Constitution, ensuring the government operates within established legal boundaries.
35
How does the judiciary maintain checks and balances in the Indian government?
The judiciary acts as a check on the legislative and executive branches, preventing abuse of power and ensuring adherence to the rule of law, as exemplified in the Minerva Mills case.
36
What is the principle of checks and balances?
The principle of checks and balances strengthens the rule of law by preventing any one branch of government from abusing its authority, ensuring that the judiciary plays a vital role in maintaining this balance.
37
What was the significance of the Maneka Gandhi v. Union of India case (1978)?
The Maneka Gandhi v. Union of India case expanded the scope of Article 21 by emphasizing that the procedure established by law must be fair, just, and reasonable, reinforcing the importance of adhering to legal principles.
38
What role does the judiciary play in safeguarding legal rights?
The judiciary is responsible for safeguarding the legal rights of individuals and entities, ensuring that justice is delivered in accordance with the law, as demonstrated in the D.K. Basu v. State of West Bengal case (1996).
39
What is the basic structure doctrine in the Indian Constitution?
The basic structure doctrine, established in the Kesavananda Bharati case (1973), prevents Parliament from amending the Constitution in a manner that alters its essential features, thereby safeguarding the foundational structure of the Constitution.
40
How does the Indian judiciary interpret the Constitution?
The Indian judiciary interprets the Constitution's provisions and resolves constitutional disputes, determining the scope and limits of governmental powers to uphold constitutional principles, as seen in the Keshavananda Bharati case (1973).
41
What is the Raj Narain case (1975) known for?
The Raj Narain case (1975) is known for challenging the constitutional validity of amendments and upholding the doctrine of basic structure, emphasizing that the Constitution's essential features cannot be altered.
42
What role does the judiciary play in protecting fundamental rights?
The judiciary plays a crucial role in protecting and expanding the interpretation of fundamental rights enshrined in the Constitution, ensuring their applicability in diverse contexts through landmark judgments.
43
What was established in the Vishakha v. State of Rajasthan case (1997)?
The Vishakha v. State of Rajasthan case (1997) established guidelines to prevent workplace sexual harassment, expanding the scope of Article 21 and ensuring the fundamental right to a safe working environment.
44
How does the judiciary contribute to social justice in India?
The judiciary contributes to social justice through affirmative action policies and judgments, such as those related to reservations, addressing socio-economic disparities and promoting equal access to opportunities for marginalized communities.
45
What is judicial activism?
Judicial activism refers to the proactive role of the judiciary in safeguarding democracy, stepping in when parliamentary institutions or the executive fail to address pressing issues.
46
How does the judiciary ensure electoral integrity?
The judiciary ensures electoral integrity by adjudicating election disputes and upholding the principles of free and fair elections, which are essential for democratic governance.
47
What is the significance of the Bommai v. Union of India case (1994)?
The Bommai v. Union of India case addressed issues related to the dissolution of state governments, contributing to the stability of democracy.
48
What is Public Interest Litigation (PIL) and its purpose?
Public Interest Litigation (PIL) allows citizens to approach the courts in the public interest, addressing issues related to environmental protection, public health, and transparency in governance, ensuring that government actions are in the public's best interest.
49
How does the judiciary ensure government accountability?
The judiciary ensures government accountability by implementing binding orders and judgments that require government compliance, as seen in cases like Vineet Narain v. Union of India, which established the Central Vigilance Commission to monitor governmental actions.
50
What role does the judiciary play in scrutinizing administrative actions?
The judiciary scrutinizes administrative actions to prevent misuse of power and ensure compliance with legal norms, as reaffirmed in the Sampat Prakash v. State of Jammu and Kashmir case, which allowed challenges to administrative orders violating fundamental rights.
51
What is the basis of Public Interest Litigation (PIL) in India?
The basis of Public Interest Litigation (PIL) in India is a broad interpretation of fundamental rights guaranteed by the Indian Constitution, particularly under Articles 32 and 226, which empower citizens to seek enforcement of these rights.
52
What is the significance of the case S.P. Gupta v. Union of India (1982) in the context of PIL?
The case S.P. Gupta v. Union of India (1982) marked a significant milestone in the evolution of Public Interest Litigation (PIL) by broadening the scope of locus standi, enabling any public-spirited person to file a petition in public interest.
53
How did the case MC Mehta v. Union of India (1986) contribute to environmental jurisprudence through PIL?
The case MC Mehta v. Union of India (1986) dealt with various environmental issues, including the closure of hazardous industries, and led to the development of environmental jurisprudence through Public Interest Litigation (PIL).
54
What role does PIL play in promoting social justice in India?
Public Interest Litigation (PIL) plays a crucial role in promoting social justice by protecting the rights of marginalized communities, particularly in areas like reservations, environmental protection, and child rights.
55
What was the purpose of the Supreme Court's guidelines on PIL cases?
The Supreme Court issued guidelines to ensure that Public Interest Litigation (PIL) cases serve genuine public interest and to prevent misuse, ensuring that they are not frivolous or vexatious while preserving the essence of PIL.
56
How did the case Maneka Gandhi v. Union of India (1978) influence the interpretation of fundamental rights in PIL?
The case Maneka Gandhi v. Union of India (1978) expanded the interpretation of Article 21, emphasizing that it encompasses various fundamental rights, including the right to life and personal liberty, thus influencing the focus of PIL on fundamental rights.
57
What is Judicial Activism in the context of Public Interest Litigation (PIL)?
Judicial Activism refers to the judiciary's proactive use of PIL to address pressing social issues when the legislative or executive branches have failed to act.
58
What was the significance of the Bandhua Mukti Morcha v. Union of India (1984) case?
This case demonstrated judicial activism by the Supreme Court in addressing bonded labor issues through Public Interest Litigation.
59
How did the Vishaka v. State of Rajasthan (1997) case contribute to women's rights?
The Vishaka case showcased judicial activism by addressing sexual harassment at workplaces and setting guidelines for the protection of women's rights.
60
What are the criticisms associated with Public Interest Litigation (PIL)?
Criticisms of PIL include overburdening the courts, misuse for personal or political motives, and challenges to the separation of powers.
61
What impact has the increase in PIL cases had on the judicial system in India?
The increase in PIL cases has led to a significant backlog in the judicial system, delaying the resolution of other cases.
62
What are some examples of misuse of PIL for political motives?
Instances of misuse include politically motivated PILs filed to settle scores or target opposition figures, such as a 2018 PIL seeking the removal of a political leader's name from government schemes.
63
What did Justice P.N. Bhagwati say about the integrity of the judicial process in relation to PIL?
Justice P.N. Bhagwati emphasized the need for the judiciary to be vigilant against PILs filed with mala fide intentions to preserve.
64
What has led to a significant backlog in the judicial system?
The increase in PIL cases has led to a significant backlog in the judicial system, delaying the resolution of other cases.
65
What did Justice P.N. Bhagwati say about the integrity of the judicial process in relation to PIL?
Justice P.N. Bhagwati emphasized the need for the judiciary to be vigilant against PILs filed with mala fide intentions to preserve the integrity of the judicial process.
66
What is Public Interest Litigation (PIL)?
Public Interest Litigation (PIL) is a legal mechanism that allows individuals or groups to file petitions in court for the protection of public interest, particularly for marginalized and underprivileged sections of society.
67
How does PIL impact the separation of powers?
PIL can encroach upon the domains of the executive and legislature, raising concerns about the separation of powers as the judiciary intervenes in areas typically handled by these branches.
68
What are the benefits of Public Interest Litigation?
PIL offers benefits such as access to justice for marginalized groups, promotion of social justice, accountability and transparency in government actions, and fostering judicial activism when other branches fail to act.
69
What role does judicial review play in governance?
Judicial review empowers the judiciary to assess the constitutionality and legality of laws, acts, actions, or decisions made by the legislative and executive branches, ensuring adherence to constitutional values.
70
What concerns do experts have regarding the proactive role of the judiciary through PIL?
Experts express concerns that the proactive role of the judiciary through PIL may lead to encroachment into the domains of the executive and legislature, potentially disrupting the balance of power among government branches.
71
What is judicial review?
Judicial review is the process by which courts can strike down laws or actions that violate the constitution, ensuring that they are null and void, and it serves as a mechanism to uphold the rule of law and maintain the balance of powers among government branches.
72
How does judicial review protect fundamental rights in India?
Judicial review in India safeguards fundamental rights by allowing the judiciary, particularly the Supreme Court, to declare laws or actions void if they violate citizens' fundamental rights, as guaranteed by the Constitution.
73
What role does judicial review play in maintaining checks and balances in the Indian government?
Judicial review acts as a vital check on the powers of the legislative and executive branches by evaluating the constitutionality of laws and actions, preventing abuse of power and ensuring that all branches operate within their constitutional limits.
74
What is the significance of the Kesavananda Bharati v. State of Kerala case in relation to judicial review?
The Kesavananda Bharati v. State of Kerala case established the doctrine of basic structure, emphasizing that even constitutional amendments cannot violate fundamental rights, thereby reinforcing the power of judicial review.
75
How has the Indian judiciary addressed environmental justice through judicial review?
The Indian judiciary has addressed environmental justice by using judicial review in landmark cases, such as the Vellore Citizens' Welfare Forum v. Union of India, which led to the closure of polluting industries, thereby promoting environmental protection.
76
What is the role of Judicial Review in the context of Constitutional Interpretation?
Judicial review allows the judiciary to interpret the provisions of the Constitution and provide clarity on the scope and limitations of various constitutional provisions, ensuring government actions conform to the Constitution and adapting constitutional principles to societal changes.
77
What is Public Interest Litigation (PIL) and its significance in India?
PIL is a unique form of judicial review in India that enables public-spirited individuals and organizations to seek legal remedies for public concerns, effectively addressing issues like environmental protection and social justice, and broadening the scope of judicial review.
78
How does Judicial Review limit arbitrary executive actions?
Judicial review serves as a crucial check on arbitrary executive actions by allowing courts to scrutinize government decisions, ensuring they are lawful and constitutional, thus preventing misuse of executive power and promoting transparency and accountability.
79
What is the significance of Article 141 of the Indian Constitution?
Article 141 declares that the judgments of the Supreme Court are binding on all courts in India, establishing a uniform interpretation of the law across the country.
80
How has Public Interest Litigation (PIL) democratized justice in India?
PIL has democratized justice by empowering citizens to hold the government accountable and allowing them to file cases for the public good, thus bringing justice within reach of the common man and disadvantaged sections of the community.
81
What is the Independence of the Judiciary?
The independence of the judiciary is a fundamental feature of the Indian Constitution, ensuring that the judiciary operates independently from the executive and the legislature, allowing it to review and scrutinize executive actions without undue influence.
82
What role does the executive play in the Appointment and Transfer of Judges?
The executive, specifically the President of India, plays a significant role in the appointment and transfer of judges based on the recommendations of the collegium system, which is a committee of senior judges, to ensure judicial independence.
83
What is Judicial Review of Executive Actions?
Judicial review is the power of the judiciary to examine the constitutionality of laws and executive actions, allowing it to declare any unconstitutional executive action null and void, thus maintaining checks and balances.
84
What is Public Interest Litigation (PIL)?
Public Interest Litigation (PIL) allows the judiciary to take suo motu cognizance of matters of public interest, providing a platform for citizens to bring executive actions or inactions to the court's attention, often related to governance and social justice.
85
How does Executive Discretion relate to Judicial Scrutiny?
Executive discretion refers to the authority of the executive to make and implement policies, but these actions are subject to judicial scrutiny, where the judiciary can strike down decisions that violate constitutional principles.
86
What is the relationship between Legislation and Executive Actions?
The executive initiates bills in the legislature and is responsible for implementing laws, but if a law is found unconstitutional, the judiciary can nullify it through judicial review, maintaining the system of checks and balances.
87
How are conflicts between the executive and judiciary resolved?
Conflicts between the executive and judiciary, such as those involving appointments or executive orders, are typically resolved through legal means, ensuring adherence to constitutional principles.
88
What is the principle of 'comity of powers'?
The principle of 'comity of powers' underscores the mutual respect and cooperation among the branches of government, particularly the expectation that the executive respects and implements court orders.
89
What does Article 129 empower the Supreme Court to do?
Article 129 empowers the Supreme Court to punish for contempt of court.
90
What is the role of the judiciary in policy implementation?
The judiciary may issue guidelines or orders to ensure that government policies are implemented in a manner consistent with the Constitution and established legal principles.
91
How does Granville Austin view the independence of the judiciary?
Granville Austin stresses that the judiciary's independence from the executive is essential for upholding democratic values and ensuring checks and balances.
92
What is Justice V.R. Krishna Iyer's perspective on the judiciary's role?
Justice V.R. Krishna Iyer believed that the judiciary should serve as a counterbalance to the executive and legislative branches, safeguarding citizens' rights and holding the executive accountable.
93
What does Upendra Baxi say about judicial activism?
Upendra Baxi acknowledges the need for judicial activism to protect constitutional values but cautions against overreach, which might encroach upon the executive's domain.
94
What is Dr. Faizan Mustafa's view on the relationship between the executive and judiciary?
Dr. Faizan Mustafa notes that the relationship between the executive and judiciary is one of interdependence rather than complete separation, emphasizing the need for judicial activism to ensure accountability.
95
What does Fali S. Nariman advocate regarding the balance of power?
Fali S. Nariman emphasizes the importance of maintaining the delicate balance of power between the executive and the judiciary, advocating for the judiciary's role in upholding constitutional principles without supplanting the executive's authority.
96
What is the significance of the separation of powers in the Indian Constitution?
The separation of powers in the Indian Constitution establishes a clear delineation of powers and functions among the executive, legislature, and judiciary to prevent any one branch from becoming too dominant.
97
What is the significance of the 'basic structure' doctrine in the context of constitutional amendments?
The 'basic structure' doctrine limits alterations to core constitutional principles, ensuring that amendments do not infringe upon the fundamental framework of the Constitution, as established in cases like 'Keshavananda Bharati v. State of Kerala' and 'Minerva Mills'.
98
How does the judiciary interpret the Constitution and its principles?
The judiciary interprets the Constitution to provide clarity on its principles, guiding legislative and executive actions, as seen in the 'Maneka Gandhi v. Union of India' case where the right to life and personal liberty under Article 21 was broadly interpreted.
99
What role does the judiciary play in conflict resolution between the legislature and judiciary?
The judiciary resolves disputes between the legislature and judiciary legally, with its decisions setting precedents, as demonstrated in cases like 'Kesavananda Bharati' and 'Minerva Mills'.
100
What impact do judicial decisions have on legislative reforms?
Judicial decisions can prompt legislative reforms to address legal gaps and shortcomings, exemplified by the 'Vishakha v. State of Rajasthan' case which led to the enactment of the Sexual Harassment of Women at Workplace Act, 2013.
101
What was Dr. B.R. Ambedkar's view on the role of the judiciary in the Indian Constitution?
Dr. B.R. Ambedkar emphasized the importance of an independent judiciary as a guardian of the Constitution, acting as a check on the potential excesses of the legislature.
102
How did Granville Austin view the judiciary's role in constitutional supremacy?
Granville Austin observed that the judiciary's role in reviewing and striking down legislation was a significant feature that ensured constitutional supremacy.
103
What was V. R. Krishna Iyer's perspective on the judiciary's role in social justice?
V. R. Krishna Iyer believed that the judiciary should take a proactive role in defending the poor and marginalized, aligning with an activist judiciary that seeks social justice.
104
What did Nani Palkhivala argue regarding the judiciary's role in protecting fundamental rights?
Nani Palkhivala stressed the judiciary's role in upholding the fundamental rights of citizens and argued for strong judicial review to protect the Constitution's integrity.
105
What is judicial activism in India?
Judicial activism in India refers to the proactive role of the judiciary, particularly the higher courts, in interpreting and enforcing the law, protecting fundamental rights, and ensuring accountability in cases where the legislative or executive branches have failed to act or have violated constitutional principles.
106
What is the significance of Public Interest Litigation (PIL) in judicial activism?
Public Interest Litigation (PIL) allows citizens to approach the courts on behalf of the public interest rather than individual grievances, addressing a wide range of issues including environmental protection, corruption, and human rights.
107
How does the judiciary check executive actions in India?
The judiciary intervenes to scrutinize executive actions and decisions to ensure compliance with the Constitution and the rule of law, with the authority to strike down or modify unconstitutional actions.
108
What was established in the Kesavananda Bharati v. State of Kerala case?
The Kesavananda Bharati v. State of Kerala case established the doctrine of the 'basic structure' of the Constitution, which guides subsequent interpretations of constitutional provisions and checks legislative and executive actions.
109
What role does the judiciary play in interpreting the Constitution?
The judiciary actively interprets the Constitution's provisions, providing clarity on the scope and limitations of various constitutional principles, guiding government actions to ensure consistency with the Constitution.
110
What is the significance of the case Vishaka v. State of Rajasthan (1997)?
The case is a landmark judgment that focuses on social justice and accountability, resulting in far-reaching policy changes and the protection of citizens' rights.
111
What was the outcome of Vellore Citizens' Welfare Forum v. Union of India (1996)?
The Supreme Court ordered the closure of polluting industries in Vellore, Tamil Nadu, underscoring the judiciary's role in promoting environmental justice and holding industries accountable.
112
How does Prof. Upendra Baxi view judicial activism in India?
Prof. Baxi argues that judicial activism, particularly in the context of public interest litigation (PIL), is vital for ensuring accountability and addressing issues related to human rights, environmental protection, and social justice.
113
What concerns does Justice Markandey Katju raise about judicial activism?
Justice Katju criticizes judicial activism for overstepping judicial power and argues that PIL has been misused for political or personal motives, leading to frivolous cases that burden the courts.
114
What is the impact of judicial activism on the relationship between the executive and judiciary in India?
Judicial activism has led to increased scrutiny of executive actions, policies, and decisions by the judiciary, affecting the dynamics of the relationship between these two branches of government.
115
What is the role of judicial activism in ensuring the constitutionality and legality of executive actions?
Judicial activism plays a crucial role in ensuring that executive actions comply with the Constitution and the rule of law by allowing the judiciary to review and strike down actions that violate fundamental rights or principles of justice.
116
How does judicial activism serve as a safeguard against potential abuse of power?
Judicial activism acts as a safeguard against potential abuse of power by scrutinizing executive actions, ensuring that government decisions are made within the bounds of the Constitution and principles of justice.
117
What is the significance of checks and balances in the context of judicial activism?
Checks and balances are significant in the context of judicial activism as they prevent any one branch of government from becoming too dominant, ensuring that all branches operate within their constitutional limits.
118
How has judicial activism contributed to the protection of fundamental rights in India?
Judicial activism has contributed to the protection of fundamental rights by allowing the judiciary to actively review and strike down laws and executive actions that infringe upon citizens' rights, particularly in cases related to privacy, free speech, and personal liberty.
119
What role does judicial activism play in addressing environmental and social justice concerns?
Judicial activism plays a role in addressing environmental and social justice concerns by influencing landmark cases related to environmental protection and public interest litigation, leading to significant policy changes and governance improvements.
120
What is Public Interest Litigation (PIL)?
Public Interest Litigation (PIL) in India is a unique form of judicial activism that empowers public-spirited individuals and organizations to seek legal remedies for public concerns, allowing citizens to bring matters of public interest to the court's attention.
121
What role does the judiciary play in resolving conflicts with the executive?
The judiciary plays a decisive role in resolving conflicts with the executive, reinforcing the principle that no one, not even the government, is above the law, and ensuring the supremacy of the Constitution and the rule of law.
122
How does judicial activism contribute to environmental and social justice?
Judicial activism contributes to environmental and social justice by championing causes such as the 'polluter pays' principle and the expansion of the right to a clean environment, leading to transformative changes in these areas.
123
What is the significance of legal precedents set by judicial activism?
Legal precedents set by judicial activism serve as guiding references for future cases, ensuring consistency in legal interpretation and providing clarity in complex legal matters within the Indian legal system.
124
What are the concerns associated with judicial overreach in India?
Concerns associated with judicial overreach in India include the perception that the judiciary is extending its authority beyond its intended limits, which can lead to debates about the balance of power between the judiciary and the executive.
125
What is judicial overreach in India?
Judicial overreach in India refers to the judiciary making decisions or issuing orders that encroach on the domains of the legislative and executive branches, effectively exceeding its role as an impartial arbiter.
126
How does judicial overreach violate the separation of powers?
Judicial overreach disrupts the balance of power among the three branches of government, undermining the principles of separation of powers, as seen in cases like S. R. Bommai v. Union of India where the Supreme Court dismissed state governments based on political considerations.
127
What are the implications of the judiciary's involvement in legislative matters?
The judiciary's involvement in legislative matters, such as creating laws or policies, raises concerns about the lack of democratic accountability and the proper role of the judiciary, as exemplified in the Vishakha v. State of Rajasthan case.
128
What are the criticisms regarding the lack of accountability in judicial overreach?
Critics argue that judges, being unelected, are not directly accountable to the public, which raises concerns about their decisions impacting public life without direct democratic oversight.
129
What are the implications of the judiciary's involvement in legislative matters?
The judiciary's involvement in legislative matters raises concerns about the lack of democratic accountability and the proper role of the judiciary, as exemplified in the Vishakha v. State of Rajasthan case.
130
What are the criticisms regarding the lack of accountability in judicial overreach?
Critics argue that judges, being unelected, are not directly accountable to the public, which raises concerns about their decisions impacting public life without direct democratic oversight, as highlighted in the Vishaka v. State of Rajasthan case.
131
What role should the judiciary primarily focus on according to critics of judicial overreach?
Critics emphasize that the judiciary's primary role should be to ensure the constitutionality of actions, rather than engaging in lawmaking or policy formulation, as illustrated in the Subhash Kumar v. State of Bihar case.
132
What is judicial overreach?
Judicial overreach occurs when the judiciary exceeds its authority by actively legislating or making detailed policy decisions, disrupting the legislative process and the responsibilities of elected representatives.
133
What was the significance of the case Manohar Joshi v. Nitin Bhaurao Patil (1996)?
In this case, the Supreme Court disqualified a legislator for violating the secular character of the state by participating in a religious procession, which critics argued was a legislative matter and an example of judicial overreach.
134
How did the Supreme Court's decision in Vineet Narain v. Union of India (1998) illustrate judicial interference?
The Supreme Court issued detailed guidelines for the functioning of the Central Bureau of Investigation (CBI) while addressing corruption, which critics claimed led to inefficiencies and confusion in the executive branch's functioning.
135
What are some methods to address judicial overreach?
Addressing judicial overreach requires a balance between judicial activism and respect for democratic processes, achieved through judicial self-restraint, legislative oversight, public awareness, and inter-branch dialogue.
136
What is the impact of backlog of cases on the Indian judicial system?
The backlog of cases in Indian courts leads to significant delays in justice delivery, compromising the right to a speedy trial, which is fundamental to the Indian Constitution.
137
What challenges does the Indian judiciary face due to underfunding?
Inadequate financial resources allocated to the judiciary hinder the implementation of reforms and lead to under-resourced courts, with the judiciary's budget allocation being around 0.5% of the total budget.
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What is the impact of underfunding on the judiciary?
Underfunding the judiciary results in inefficiency, particularly in lower courts, leading to overworked judges and staff, poorly maintained court infrastructure, and inadequate technology.
139
How do complex legal procedures affect access to justice in India?
Lengthy and complicated legal procedures can deter individuals from seeking justice, contributing to the backlog in the legal system.
140
What is the significance of the shortage of judges in the Indian judiciary?
The significant shortage of judges at various court levels impacts the pace of justice, leading to delayed decisions and increased case backlog.
141
What percentage of prisoners in India are undertrials, and what does this indicate about access to justice?
Nearly 70% of prisoners in India are undertrials who have not been convicted, indicating limited access to justice, especially for marginalized populations.
142
How do outdated laws contribute to legal complications in India?
Outdated and colonial-era laws contribute to legal complications and delays, as several pre-independence laws are still in effect, complicating the legal landscape.
143
What role do high rates of adjournments play in the Indian legal system?
Frequent adjournments in court proceedings contribute to delays and backlog, with around 30% of cases pending in lower courts being adjourned cases.
144
How does public perception affect trust in the Indian judicial system?
Public perception of the Indian judicial system's efficiency and integrity is sometimes marred by delays and corruption, leading to skepticism about the system.
145
What is Article 124 in the context of judicial appointments in India?
Article 124 of the Indian Constitution outlines the procedure for the appointment of judges to the Supreme Court, empowering the President of India to make appointments in consultation with the Chief Justice of India and other senior judges.
146
What is the collegium system in India?
The collegium system is the process followed for judicial appointments in India, where a collegium of the Chief Justice of India and a few senior judges recommends names for appointment to the higher judiciary, evolving through judicial interpretations rather than explicit constitutional provisions.
147
What are the criticisms regarding the lack of transparency in the collegium system?
Critics argue that the collegium system lacks transparency as the appointment process occurs primarily within the judiciary, with decisions made by senior judges' collegium without public scrutiny and without clear, publicly accessible criteria for selection.
148
What is the debate surrounding the role of the executive in judicial appointments?
The debate centers on whether the executive branch should have a more prominent role in selecting judges, with concerns that excessive executive influence could jeopardize the independence of the judiciary, reflecting an ongoing challenge in the appointment process.
149
What are the concerns regarding diversity in the higher judiciary?
Concerns have been raised about the lack of diversity, including gender diversity, within the higher judiciary, as the absence of diverse perspectives can limit the judiciary's ability to address various societal issues, leading to calls for a more inclusive judiciary.
150
What are the implications of post-retirement appointments for judges?
The practice of judges accepting post-retirement roles, such as heading tribunals or commissions, raises concerns about potential conflicts of interest and judicial independence, as it may allow judges to retain influence and power after retiring from the bench.
151
What is the National Judicial Appointments Commission (NJAC)?
The National Judicial Appointments Commission (NJAC) was proposed as an independent body to address issues in the judicial appointment process, aiming to introduce more transparency and inclusivity, but it was struck down by the Supreme Court in 2015.
152
What is the NJAC Proposal and why was it struck down by the Supreme Court?
The NJAC Proposal was a constitutional amendment bill passed by the Indian Parliament in 2014 to establish the National Judicial Appointments Commission aimed at changing the judicial appointment process. It was struck down by the Supreme Court on the grounds that it could compromise judicial independence.
153
What are the in-house mechanisms that the judiciary has implemented to address concerns in judicial appointments?
The judiciary has attempted to address concerns by improving its internal mechanisms and creating more detailed criteria for appointments and transfers.
154
What is the stance of legal scholars like Fali S. Nariman on the collegium system?
Legal scholars such as Fali S. Nariman defend the collegium system, emphasizing its importance in preserving judicial independence and arguing that judicial appointments should remain primarily within the judiciary to avoid political interference.
155
What reforms do legal experts like Soli Sorabjee and Arghya Sengupta advocate for in the judicial appointment process?
Soli Sorabjee and Arghya Sengupta advocate for comprehensive changes in the judicial appointment process, including transparent criteria for selection and the inclusion of a broader section of society in decision-making.
156
How do legal scholars like Upendra Baxi propose to balance judicial independence and accountability?
Upendra Baxi proposes a more open and inclusive appointment process involving both the judiciary and the executive to effectively balance judicial independence and accountability, ensuring judges are accountable while maintaining their independence.
157
What challenges does the Indian judicial system face according to legal scholars?
The Indian judicial system faces challenges including backlog, underfunding, complex procedures, and a shortage of judges, which hinder its ability to uphold the rule of law and ensure justice.
