JudiciaryClass 11 India Constitution At Work NCERT Solutions
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Q1Exercises
What are the different ways in which the independence of the judiciary is ensured? Choose the odd ones out. i. Chief Justice of the Supreme Court is consulted in the appointment of other judges of Supreme Court. ii. Judges are generally not removed before the age of retirement. iii. Judge of a High Court cannot be transferred to another High Court. iv. Parliament has no say in the appointment of judges.
Solution
The Indian Constitution ensures the independence of the judiciary through several measures. The odd one out from the given options is (iii) Judge of a High Court cannot be transferred to another High Court.
Here is an explanation of why the other options support judicial independence, while option (iii) is the odd one out:
- (i) Chief Justice of the Supreme Court is consulted in the appointment of other judges of Supreme Court: This is a correct measure. The chapter explains that the Supreme Court has established the principle of collegiality, where the Chief Justice recommends names in consultation with four senior-most judges. This reduces the absolute power of the executive in appointments.
- (ii) Judges are generally not removed before the age of retirement: This is correct and is referred to as 'security of tenure'. The chapter states, "Security of tenure ensures that judges could function without fear or favour."
- (iv) Parliament has no say in the appointment of judges: This is also a correct measure. The text mentions, "The legislature is not involved in the process of appointment of judges. Thus, it was believed that party politics would not play a role in the process of appointments."
Option (iii) is the odd one out because while the transfer of judges is a complex issue, it is not an absolute rule that they cannot be transferred. The Constitution does provide for the transfer of judges from one High Court to another. This is not listed in the chapter as a specific measure to ensure independence; in fact, at times, transfers have been viewed as a potential tool for executive interference.
Q2Exercises
Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.
Solution
No, the independence of the judiciary does not mean that it is not accountable to anyone. The chapter clarifies that "Independence of the judiciary does not imply arbitrariness or absence of accountability." The judiciary is a crucial part of India's democratic political structure. Therefore, it is accountable to the Constitution of India, which is the supreme law of the land. It is also accountable to the democratic traditions and principles that form the foundation of the nation. Ultimately, by upholding the Constitution and protecting the rights of the people, the judiciary remains accountable to the people of the country.
Q3Exercises
What are the different provisions in the constitution in order to maintain the independence of judiciary?
Solution
The Indian Constitution has several provisions to provide and protect the independence of the judiciary. These are:
- Appointment Process: The legislature is not involved in the appointment of judges. Appointments are made by the President after a process of consultation with the judiciary itself (the collegium system), which limits the influence of party politics.
- Fixed Tenure: Judges have a fixed tenure and hold office until they reach the age of retirement. This security of tenure allows them to function without fear or favour.
- Difficult Removal Procedure: The procedure for removing a judge is extremely difficult. A judge can only be removed on grounds of proven misbehaviour or incapacity, requiring a special majority in both Houses of Parliament.
- Financial Independence: The judiciary is not financially dependent on the executive or legislature. The salaries and allowances of judges are not subject to the approval of the legislature and are charged on the Consolidated Fund of India.
- Immunity from Criticism: The actions and decisions of judges in their official capacity are immune from personal criticism. Parliament cannot discuss the conduct of judges except during removal proceedings.
- Power to Penalise for Contempt: The judiciary has the power to penalise those found guilty of contempt of court, which protects judges from unfair criticism and preserves the court's authority.
Q4Exercises
Read the news report below and identify the following aspects: √ What is the case about? √ Who has been the beneficiary in the case? √ Who is the petitioner in the case? √ Visualise what would have been the different arguments put forward by the company. √ What arguments would the farmers have put forward? Supreme Court orders REL to pay Rs 300 crore to Dahanu farmers Our Corporate Bureau 24 March 2005 Mumbai: The Supreme Court has ordered Reliance Energy to pay Rs. 300 crore to farmers who grow the chikoo fruit in the Dahanu area outside Mumbai. The order comes after the chikoo growers petitioned the court against the pollution caused by Reliance's thermal power plant. Dahanu, which is 150 km from Mumbai, was a self-sustaining agricultural and horticultural economy known for its fisheries and forests just over a decade ago, but was devastated in 1989 when a thermal power plant came into operation in the region. The next year, this fertile belt saw its first crop failure. Now, 70 per cent of the crop of what was once the fruit bowl of Maharashtra is gone. The fisheries have shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered ground water and polluted the entire eco-system. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, and in spite of a Supreme Court order backing the order the pollution control plant was not set up even 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for installation process in 2004. As the pollution control plant is still not set up, the Dahanu Taluka Environmental Protection Authority asked Reliance for a bank guarantee of Rs. 300 crores.
Solution
Based on the news report, here are the identified aspects:
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What is the case about? The case is about the environmental pollution caused by a thermal power plant in the Dahanu area. This pollution has devastated the local agricultural economy, particularly affecting the cultivation of chikoo fruit, fisheries, and forests.
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Who has been the beneficiary in the case? The Dahanu farmers who grow chikoo have been the beneficiaries. The Supreme Court ordered Reliance Energy to pay them Rs. 300 crore as a bank guarantee.
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Who is the petitioner in the case? The petitioners in the case were the chikoo growers from the Dahanu area.
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Visualised arguments by the company (Reliance Energy):
- Reliance acquired the power plant only in 2003, long after the initial pollution and damage had occurred. Therefore, they should not be held responsible for the historical problems.
- The company had shown its commitment to resolving the issue by re-submitting a schedule for the installation of a pollution control plant in 2004.
- The demand for a Rs. 300 crore bank guarantee is excessive and punitive, especially since they are already taking steps to comply.
- There may be other sources of pollution in the region, and it is unfair to attribute all the environmental damage solely to their power plant.
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Arguments put forward by the farmers:
- The fly ash from the power plant is the direct cause of the pollution of groundwater and the entire ecosystem.
- This pollution has led to a 70 per cent crop failure, the shutdown of fisheries, and a reduction in forest cover, destroying their livelihood.
- The power plant operators, including the new owner Reliance, have failed to comply with orders from the Environment Protection Authority and the Supreme Court to install a pollution control unit since 2002.
- The damage to their livelihood and the environment is immense, and the company must be held accountable and forced to take immediate corrective action, for which the bank guarantee is necessary.
Q5Exercises
Read the following news report and, √ Identify the governments at different levels √ Identify the role of Supreme Court √ What elements of the working of judiciary and executive can you identify in it? √ Identify the policy issues, matters related to legislation, implementation and interpretation of the law involved in this case. Centre, Delhi join hands on CNG issue By Our Staff Reporter, The Hindu 23 September 2001 NEW DELHI, SEPT. 22. The Centre and the Delhi Government today agreed to jointly approach the Supreme Court this coming week... for phasing out of all non-CNG commercial vehicles in the Capital. They also decided to seek a dual fuel policy for the city instead of putting the entire transportation system on the single-fuel mode "which was full of dangers and would result in disaster." It was also decided to discourage the use of CNG by private vehicle owners in the Capital. Both governments would press for allowing the use of 0.05 per cent low sulphur diesel for running of buses in the Capital. In addition, it would be pleaded before the Court that all commercial vehicles, which fulfil the Euro-II standards, should be allowed to ply in the city. Though both the Centre and the State would file separate affidavits, these would contain common points. The Centre would also go out and support the Delhi Government's stand on the issues concerning CNG. These decisions were taken at a meeting between the Delhi Chief Minister, Ms. Sheila Dikshit, and the Union Petroleum and Natural Gas Minister, Mr. Ram Naik. Ms. Dikshit said the Central Government would request the court that in view of the high powered Committee appointed under Dr. R.A. Mashelkar to suggest an "Auto Fuel Policy"' for the entire country, it would be appropriate to extend the deadline as it was not possible to convert the entire 10,000 -odd bus fleet into CNG during the prescribed time frame. The Mashelkar Committee is expected to submit its report within a period of six months. The Chief Minister said time was required to implement the court directives. Referring to the coordinated approach on the issue, Ms. Dikshit said this would take into account the details about the number of vehicles to be run on CNG, eliminating long queues outside CNG filling stations, the CNG fuel requirements of Delhi and the ways and means to implement the directive of the court. The Supreme Court had ...refused to relax the only CNG norm for the city's buses but said it had never insisted on CNG for taxis and auto rickshaws. Mr. Naik said the Centre would insist on allowing use of low sulphur diesel for buses in Delhi as putting the entire transportation system dependent on CNG could prove to be disastrous. The Capital relied on pipeline supply for CNG and any disruption would throw the public transport system out of gear.
Solution
Based on the news report, here is an analysis of the various aspects:
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Governments at different levels:
- The Centre: The Union Government, represented by the Union Petroleum and Natural Gas Minister.
- The State/Territory Government: The Delhi Government, represented by the Chief Minister.
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Role of Supreme Court: The Supreme Court has taken on an activist role by issuing a directive to phase out non-CNG commercial vehicles to control pollution in Delhi. It is acting as the final authority on the matter, and the executive branches (both Centre and State) must either comply with its order or approach the Court to seek modifications or extensions.
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Elements of the working of judiciary and executive:
- Judicial Activism: The judiciary (Supreme Court) has stepped into a domain that is typically handled by the executive, i.e., environmental policy and its implementation. This is a clear example of judicial activism.
- Executive Implementation: The executive (Centre and Delhi governments) is responsible for carrying out the Court's directive. However, they are facing practical challenges in implementation, such as the inability to convert the entire bus fleet in time and the dangers of a single-fuel system.
- Checks and Balances: The executive is not blindly following the order but is re-engaging with the judiciary to present its difficulties and suggest alternative solutions (like low-sulphur diesel). This shows the dynamic interaction between the two organs of government.
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Policy, legislation, implementation, and interpretation:
- Policy Issues: The core issue is the creation of an "Auto Fuel Policy" for the country to combat vehicular pollution. The debate involves whether to enforce a single-fuel (CNG) policy or a dual-fuel policy and what emission standards (Euro-II) to allow.
- Legislation/Directive: The Supreme Court's order to phase out non-CNG vehicles is acting as a binding law that the governments must follow.
- Implementation: The Delhi Government is struggling with the implementation of the court's directive due to logistical challenges like converting 10,000 buses, ensuring adequate CNG supply, and avoiding long queues.
- Interpretation: The Supreme Court had to interpret its own previous order, clarifying that it had "never insisted on CNG for taxis and auto rickshaws," only for buses. This shows that the interpretation of judicial orders is also a crucial part of the process.
Q6Exercises
The following is a statement about Ecuador. What similarities 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 a journalist's rights. Unfortunately, Ecuador's courts don't work that way. Judges 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."
Solution
There are significant differences between the judicial system described in Ecuador and the one in India, with very few similarities.
Differences:
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Judicial Precedent: The most crucial difference is the absence of a system of judicial precedent or common law in Ecuador. Judges are not bound by the rulings of higher courts. In India, the judicial system is hierarchical. The Constitution establishes that the law declared by the Supreme Court is binding on all courts within the territory of India. This ensures uniformity, consistency, and predictability in the application of law.
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Written and Reasoned Decisions: In Ecuador, a judge is not required to provide a written decision explaining the legal basis for a ruling. In India, judgments of the High Courts and the Supreme Court are well-reasoned, written documents. They detail the facts, the legal principles applied, and the rationale for the final decision. These written judgments are essential for creating precedents and for allowing appeals to higher courts.
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Consistency and Arbitrariness: The Ecuadorean system allows a judge to be inconsistent, ruling differently in similar cases without explanation. This can lead to arbitrariness. The Indian system, through the doctrine of precedent, strives for consistency. While the Supreme Court can review and change its own past rulings (as mentioned in Article 137 of the Constitution), this is a formal and considered process, not an arbitrary day-to-day inconsistency.
Similarities:
There are no direct similarities based on the provided text. The fundamental principles of the two systems appear to be in opposition. While both countries have a judiciary, its functioning, principles of legal interpretation, and structure are vastly different. The Indian system is built on the principles of legal certainty and rule of law, which the described Ecuadorean system seems to lack.
Q7Exercises
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.
Solution
Here is the matching of the statements with the jurisdictions of the Supreme Court:
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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.
- Jurisdiction: Advisory Jurisdiction.
- Reason: This involves the President referring a matter of public importance or one involving the interpretation of the Constitution to the Supreme Court for its opinion. The government is seeking legal opinion before taking action.
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In order to resolve the dispute about river Cauvery the government of Tamil Nadu wants to approach the court.
- Jurisdiction: Original Jurisdiction.
- Reason: This is a dispute between states (a federal dispute). The chapter states that cases involving federal relations, such as disputes between states or between the Union and states, go directly to the Supreme Court under its Original Jurisdiction.
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Court rejected the appeal by people against the eviction from the dam site.
- Jurisdiction: Appellate Jurisdiction.
- Reason: The keyword is "appeal." The people are appealing a decision made by a lower court. The Supreme Court is the highest court of appeal and can reconsider a case and the legal issues involved from a lower court's judgment.
Q8Exercises
In what way can public interest litigation help the poor?
Solution
Public Interest Litigation (PIL) can significantly help the poor and disadvantaged sections of society in the following ways:
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Provides Access to Justice: Traditionally, only a person who was personally aggrieved could approach the court. The poor often lack the resources and awareness to do so. PIL allows public-spirited citizens, social organisations, or lawyers to file petitions on behalf of the poor and the deprived, thus giving them access to the judicial system.
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Addresses Systemic Issues: PILs often address issues that affect large groups of poor people, such as inhuman working conditions, rights of undertrials, exploitation of children, and environmental degradation. For example, the chapter mentions the Hussainara Khatoon vs. Bihar case, which was filed on behalf of prisoners who had been in jail for very long periods.
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Expands the Scope of Rights: Through PIL, the judiciary has expanded the meaning of fundamental rights. The right to life has been interpreted to include the right to clean air, unpolluted water, and a decent living. These are critical issues for the poor, whose living conditions are often the most affected by environmental problems.
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Forces Executive Accountability: PILs have been used to force the executive to perform its duties and ensure that the rights of the poor are protected. It holds the government accountable for the betterment of life conditions for the poor.
As Justice Bhagwati noted, the problems of the poor are different and require a different judicial approach, which PIL provides by moving away from purely adversarial procedures.
Q9Exercises
Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?
Solution
Yes, judicial activism can certainly lead to a conflict between the judiciary and the executive. The Indian Constitution is based on a delicate principle of separation of powers, where each organ of the government has a distinct area of functioning. Judicial activism, by its nature, can blur these lines.
The conflict arises because:
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Overstepping Jurisdiction: Judicial activism often involves the judiciary stepping into areas that are traditionally considered the domain of the executive. The chapter gives examples like the judiciary issuing orders on reducing air pollution, investigating corruption cases, or bringing about electoral reforms. These are administrative matters that are supposed to be handled by the executive under the supervision of the legislature.
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Strain on Separation of Powers: When courts begin to direct the administration on policy matters, it can be seen as an encroachment on the executive's authority. This creates tension and can strain the democratic principle that each organ should respect the powers and jurisdiction of the others. The executive may feel that the judiciary is functioning as a "super-executive."
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Implementation Challenges: The judiciary can pass orders, but the responsibility for implementation lies with the executive. If the executive lacks the resources or capacity to implement a judicial directive, it can lead to a direct confrontation or a situation where court orders are not effectively carried out.
Therefore, while judicial activism has been beneficial in protecting rights, it carries the inherent risk of creating conflict by disturbing the delicate balance of power among the organs of government.
Q10Exercises
How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?
Solution
Judicial activism is deeply related to the protection of fundamental rights, primarily through the instrument of Public Interest Litigation (PIL).
Relationship to Protection of Rights:
Before the era of judicial activism, the enforcement of fundamental rights was largely limited to individuals who could personally approach the courts. This left out vast sections of the population, like the poor and the marginalised, who lacked the means or awareness to seek justice. Judicial activism, through PIL, changed this by allowing any public-spirited citizen or social organisation to approach the court on behalf of those whose rights have been violated. This democratised the judicial system and made the courts more accessible for the protection of the fundamental rights of the weakest sections of society. The chapter cites cases concerning undertrials and prison inmates as early examples of how judicial activism protected the rights of the deprived.
Expansion of the Scope of Fundamental Rights:
Yes, judicial activism has significantly helped in expanding the scope of fundamental rights. The judiciary has moved beyond a literal interpretation of the Constitution and has given a much broader meaning to these rights. The most prominent example is the interpretation of the 'Right to Life' under Article 21.
- The chapter states, "Through the PIL, the court has expanded the idea of rights. Clean air, unpolluted water, decent living, etc., are rights for the entire society." These aspects are now considered integral parts of the Right to Life.
- This expansion has made rights more meaningful. For instance, by recognising the right to a healthy environment as a fundamental right, the judiciary has been able to intervene in cases of pollution that affect the health and well-being of citizens.
In this way, judicial activism has not only protected existing rights but has also enriched and expanded them to address contemporary socio-economic challenges.