Judiciary

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CBSE Learning Objectives – Key Concepts & Skills You Must Know

Learning Objectives

Understand the meaning of independence of judiciary.
Explain the role of Indian Judiciary in protecting rights.
Describe the role of the Judiciary in interpreting the Constitution.
Analyze the relationship between the Judiciary and the Parliament of India.
Discuss how public interest litigation (PIL) can assist the poor.
Evaluate the impact of judicial activism on the political system.
Identify the different jurisdictions of the Supreme Court: Original, Appellate, and Advisory.
Assess the implications of judicial review and its significance in the Indian legal framework.

CBSE Revision Notes & Quick Summary for Last-Minute Study

Chapter 6: Judiciary

Introduction

Courts are seen as arbitrators in disputes between individuals and also perform political functions.
The judiciary is crucial for interpreting and protecting the Constitution.

Independence of Judiciary

Definition: Judiciary must function without interference from the executive and legislature.
Importance: Protects rule of law and individual rights.
Key Points:
- Judges must operate without fear or favor.
- Independence does not mean arbitrariness.

Appointment of Judges

Political controversy surrounds the appointment of judges.
The Chief Justice of India is usually the senior-most judge, but this convention has been broken in the past.

Jurisdiction of Supreme Court

Types of Jurisdiction:
- Original Jurisdiction: Settles disputes between Union and States.
- Appellate Jurisdiction: Tries appeals from lower courts in civil, criminal, and constitutional cases.
- Advisory Jurisdiction: Advises the President on matters of public importance.
Writ Powers: Can issue writs to protect fundamental rights.

Judicial Activism

Definition: The judiciary's proactive role in protecting rights through Public Interest Litigation (PIL).
Impact: Has democratized access to justice and forced executive accountability.
Challenges: Overburdening of courts and blurring lines between branches of government.

Conflict Between Judiciary and Parliament

Issues include:
- Appointment and salaries of judges.
- Scope of Parliament's power to amend the Constitution.
- Interference by Parliament in judicial functioning.

Legal Services Authorities

Aim to provide free legal aid and advice, spread legal awareness, and promote dispute settlement.
Eligibility for Free Legal Services:
- Women and children, SC/ST members, industrial workers, persons with disabilities, etc.

Conclusion

The judiciary plays a vital role in maintaining democracy and protecting citizens' rights.

CBSE Exam Tips, Important Questions & Common Mistakes to Avoid

Common Mistakes and Exam Tips in Judiciary

Common Pitfalls

Misunderstanding Judicial Activism: Students often confuse judicial activism with judicial overreach. It's important to differentiate between the two concepts.
Ignoring the Role of the Constitution: Failing to recognize how the Constitution limits and defines the powers of the judiciary can lead to incorrect conclusions.
Overlooking the Importance of Independence: Not emphasizing the necessity of an independent judiciary in maintaining the rule of law can weaken arguments in essays.
Confusing Jurisdictions: Students may mix up original, appellate, and advisory jurisdictions of the Supreme Court. Clear definitions and examples are crucial.

Exam Tips

Understand Key Terms: Familiarize yourself with terms like 'judicial review', 'public interest litigation', and 'judicial activism'. Knowing their definitions and implications is essential.
Use Examples: When discussing concepts, use relevant examples from the text, such as the cases of Justice V. Ramaswami or the impact of PILs on public interest.
Focus on Relationships: Pay attention to the relationship between the judiciary, legislature, and executive. Understanding these dynamics can help in essay questions.
Practice Debates: Engage in debates on topics like the constraints on judges to solidify your understanding and prepare for potential exam questions.
Review Past Questions: Look at previous exam questions related to the judiciary to identify common themes and areas of focus.

CBSE Quiz & Practice Test – MCQs, True/False Questions with Solutions

Multiple Choice Questions

The Supreme Court advises the President on a matter of public importance.

The Supreme Court reviews a law passed by the Parliament and declares it unconstitutional.

The Supreme Court issues a writ of Habeas Corpus to release an unlawfully detained person.

The Supreme Court settles a dispute between two states regarding water sharing.

Correct Answer: B

Solution:

Judicial review refers to the power of the Supreme Court to examine the constitutionality of laws passed by the legislature. If a law is found inconsistent with the Constitution, the Court can declare it unconstitutional.

The judiciary creating new laws

The judiciary advising the President on legal matters

The judiciary issuing directions to executive agencies

The judiciary implementing government policies

Correct Answer: C

Solution:

Judicial activism involves the judiciary taking an active role in ensuring justice by issuing directions to executive agencies, as seen in cases like the hawala case.

Original Jurisdiction

Appellate Jurisdiction

Advisory Jurisdiction

Legislative Jurisdiction

Correct Answer: D

Solution:

The Supreme Court of India does not have legislative jurisdiction; it cannot create laws.

The Parliament has the power to interpret the Constitution.

The executive can amend the Constitution without judicial review.

The judiciary can declare laws unconstitutional if they violate the Constitution.

The judiciary can make laws for the states.

Correct Answer: C

Solution:

The judiciary has the power of judicial review, allowing it to declare laws unconstitutional if they violate the Constitution, thus maintaining the separation of powers.

Judges are appointed by the legislature to ensure accountability.

Judges can make decisions without interference from the executive or legislature.

The judiciary can amend the Constitution independently.

Judges are elected by the public to maintain democratic principles.

Correct Answer: B

Solution:

Independence of the judiciary means that judges can make decisions without interference from the other branches of government, ensuring fair and unbiased justice.

When held guilty for breach of parliamentary privileges.

When facing disciplinary action by the legislature.

When accused of contempt of court.

When involved in a criminal case unrelated to legislative duties.

Correct Answer: C

Solution:

A member of the legislature can seek protection from the courts in cases of contempt of court, as this falls under the judiciary's jurisdiction.

By allowing judges to make laws directly.

By enabling courts to hear cases on behalf of those who cannot approach the court themselves.

By giving the judiciary the power to appoint judges.

By allowing the judiciary to control the executive's actions.

Correct Answer: B

Solution:

PIL allows public-spirited individuals or organizations to file cases on behalf of those whose rights are violated but cannot approach the court themselves, thus expanding the judiciary's role in protecting rights.

To create laws and policies for the government.

To interpret laws and protect the Constitution.

To enforce laws and ensure public order.

To advise the executive on legal matters.

Correct Answer: B

Solution:

The primary role of the judiciary in a democratic society is to interpret laws, protect the Constitution, and ensure that the rule of law is maintained.

The judiciary's power to interpret laws.

The legislature's power to amend the Constitution.

The judiciary's power to strike down unconstitutional laws.

The legislature's power to appoint judges.

Correct Answer: C

Solution:

A potential source of conflict is the judiciary's power to strike down laws that it deems unconstitutional, which can be seen as infringing on the legislature's power to make laws.

Judges are appointed by the executive without any consultation.

Judiciary functions without interference from the executive and legislature.

Judges can be removed by the executive at any time.

Judges are elected by the public to ensure accountability.

Correct Answer: B

Solution:

Independence of the judiciary means that the judiciary should be free from any interference by the executive or legislature, and judges should be able to make decisions without fear or favor.

Yes, the judiciary can intervene in all legislative matters.

No, the judiciary cannot intervene in matters of legislative privilege.

Yes, but only if the breach involves a fundamental right.

No, unless the executive branch requests judicial intervention.

Correct Answer: B

Solution:

The judiciary generally cannot intervene in matters of legislative privilege, as the legislature has the power to govern itself and regulate the behavior of its members.

Judiciary's power to amend the Constitution

Legislature's power to appoint judges

Judiciary's intervention in legislative privileges

Legislature's role in conducting elections

Correct Answer: C

Solution:

There is ongoing debate about whether the judiciary can intervene in legislative privileges.

Judges can make laws

Judiciary operates without political pressure

Judges are elected by the public

Judiciary can overrule the executive

Correct Answer: B

Solution:

Independence of the judiciary ensures it operates without political pressure, maintaining fairness.

The judiciary's power to amend the Constitution.

The Parliament's power to appoint judges.

The judiciary's power to interpret the Constitution and invalidate unconstitutional laws.

The Parliament's power to conduct judicial reviews.

Correct Answer: C

Solution:

The judiciary's power to interpret the Constitution and invalidate laws that are deemed unconstitutional can lead to conflicts with the Parliament, which may see this as an encroachment on its legislative powers.

It allows the judiciary to make laws

It enables the judiciary to examine the constitutionality of laws

It permits the judiciary to enforce laws

It allows the judiciary to conduct elections

Correct Answer: B

Solution:

Judicial review allows the judiciary to examine and ensure laws are consistent with the Constitution.

A judge deciding a case based on the merits of the law, without influence from political parties.

A judge consulting with a political leader before making a decision.

A judge altering a decision due to public protest.

A judge receiving directives from the executive branch on how to rule.

Correct Answer: A

Solution:

Independence of judiciary means judges must be able to perform their functions without fear or favour, and without interference from the other branches of government.

Strengthening the separation of powers by limiting the judiciary's role.

Increasing the judiciary's role in policy-making and governance.

Reducing the influence of public opinion on judicial decisions.

Limiting the judiciary's ability to interpret the Constitution.

Correct Answer: B

Solution:

Judicial activism often involves the judiciary taking a more active role in policy-making and governance, sometimes leading to conflicts with other branches of government.

Constitution

Public opinion

Media

Financial incentives

Correct Answer: D

Solution:

The text mentions factors like the Constitution, public opinion, and media as constraints over judges, but financial incentives are not listed as a constraint.

The Supreme Court examines a law passed by Parliament to determine if it violates the Constitution.

The Supreme Court advises the President on a matter of public importance.

The Supreme Court settles a dispute between two states.

The Supreme Court hears an appeal from a lower court.

Correct Answer: A

Solution:

Judicial review refers to the power of the Supreme Court to examine the constitutionality of legislative acts and to invalidate laws that are found to be unconstitutional.

A case involving the interpretation of the Constitution.

A dispute between two or more states.

An appeal from a High Court decision.

A request for advisory opinion from the President.

Correct Answer: B

Solution:

The Supreme Court's original jurisdiction involves cases that directly come to it without being heard by lower courts, such as disputes between states or between the center and states.

Settling disputes between states and the Union

Advising the President on matters of public importance

Enacting new laws for the country

Issuing writs to protect fundamental rights

Correct Answer: C

Solution:

The Supreme Court of India does not have the power to enact laws; this is the function of the legislature. The Court's functions include settling disputes, advising the President, and issuing writs.

The power to appoint judges

The power to examine the constitutionality of laws

The power to amend the Constitution

The power to enforce laws

Correct Answer: B

Solution:

Judicial review is the power of the Supreme Court to examine the constitutionality of laws.

It allows individuals to bypass the court system

It enables citizens to challenge laws directly in the legislature

It allows the judiciary to address issues of public interest even if the aggrieved party is not directly involved

It permits the executive to intervene in judicial matters

Correct Answer: C

Solution:

PIL allows the judiciary to address public interest issues, making it possible for the courts to consider cases even if the aggrieved party is not directly involved.

The power to review laws passed by the Parliament

The authority to issue directives to lower courts

The ability to issue orders to protect fundamental rights

The capacity to amend the Constitution

Correct Answer: C

Solution:

The writ jurisdiction allows the Supreme Court to issue orders such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to protect the fundamental rights of individuals.

Original Jurisdiction

Appellate Jurisdiction

Advisory Jurisdiction

Judicial Review

Correct Answer: D

Solution:

Judicial Review is the power of the Supreme Court to examine the constitutionality of any law and declare it unconstitutional if it violates the provisions of the Constitution.

Advising the President on legal matters.

Settling disputes between the Union and the States.

Hearing appeals from lower courts.

Reviewing its own previous judgments.

Correct Answer: B

Solution:

Original jurisdiction refers to the authority of the Supreme Court to hear cases that involve disputes between the Union and the States or among the States themselves.

Appointment of judges

Judiciary's power to amend the Constitution

Judiciary's role in conducting elections

Judiciary's power to legislate

Correct Answer: A

Solution:

The appointment of judges has been a contentious issue between the judiciary and the Parliament, as it involves political processes.

It allows the Supreme Court to amend the Constitution

It allows the Supreme Court to examine the constitutionality of laws

It allows the Supreme Court to create new laws

It allows the Supreme Court to appoint judges

Correct Answer: B

Solution:

Judicial review allows the Supreme Court to examine the constitutionality of laws and declare them unconstitutional if they violate the Constitution.

The Supreme Court enacting new laws

The Supreme Court directing CBI to investigate corruption cases

The Supreme Court appointing judges

The Supreme Court conducting elections

Correct Answer: B

Solution:

Judicial activism involves the judiciary taking active roles, such as directing investigations in corruption cases.

The judiciary issuing directions to executive agencies in matters of administration.

The executive appointing judges based on seniority.

The judiciary interpreting laws passed by the legislature.

The executive implementing laws passed by the legislature.

Correct Answer: A

Solution:

Judicial directions to executive agencies can be seen as overreach, leading to potential conflicts between the judiciary and the executive.

The judiciary's ability to create laws.

The judiciary's proactive role in interpreting the Constitution and protecting citizens' rights.

The judiciary's role in advising the President on legal matters.

The judiciary's power to enforce laws.

Correct Answer: B

Solution:

Judicial activism refers to the judiciary's proactive role in interpreting the Constitution and protecting citizens' rights, often expanding the scope of fundamental rights.

It resolves disputes between the Union and the States.

It advises the President on state matters.

It enacts laws to define state boundaries.

It appoints Governors for the states.

Correct Answer: A

Solution:

The Supreme Court plays a crucial role in maintaining the federal structure by resolving disputes between the Union and the States, ensuring that the distribution of powers as laid down by the Constitution is respected.

Judges can make arbitrary decisions without accountability.

The judiciary operates without interference from the executive and legislature.

Judges are appointed by the President without any consultation.

The judiciary can amend the Constitution as needed.

Correct Answer: B

Solution:

Independence of the judiciary means it operates without interference from the other branches of government, ensuring fair and impartial justice.

To create laws

To implement laws

To interpret and protect the Constitution

To manage public funds

Correct Answer: C

Solution:

The judiciary's primary role is to interpret and protect the Constitution, ensuring that laws are applied fairly and consistently.

Public opinion

Judges' personal beliefs

Media influence

Political party policies

Correct Answer: A

Solution:

Public opinion is one of the factors that can act as a constraint on judges when giving rulings, as it can influence the perception and acceptance of judicial decisions.

The Supreme Court issues a directive to the Central Bureau of Investigation (CBI) to investigate a high-profile corruption case.

The Parliament amends the Constitution to include a new fundamental right.

The President of India seeks advice from the Supreme Court on a matter of public importance.

A High Court hears an appeal from a lower court regarding a civil dispute.

Correct Answer: A

Solution:

Judicial activism refers to the proactive role of the judiciary in enforcing rights and ensuring justice, often by directing executive actions. In this case, the Supreme Court directing the CBI to investigate a corruption case is an example of judicial activism.

To protect the rule of law and ensure supremacy of law

To create new laws

To implement laws

To amend the Constitution

Correct Answer: A

Solution:

The judiciary's primary role is to protect the rule of law and ensure that all individuals are subject to the same laws, safeguarding individual rights and settling disputes.

To create new fundamental rights

To protect and enforce fundamental rights

To amend fundamental rights

To ignore fundamental rights

Correct Answer: B

Solution:

The judiciary protects and enforces fundamental rights, ensuring they are upheld according to the Constitution.

Increase in legislative power

Reduction in executive power

Enhanced protection of fundamental rights

Decrease in judicial power

Correct Answer: C

Solution:

Judicial activism has enhanced the protection of fundamental rights by allowing courts to take a more proactive role in addressing violations.

Issuing writs to protect fundamental rights

Conducting elections

Formulating economic policies

Managing public health

Correct Answer: A

Solution:

The Supreme Court can issue writs like Habeas Corpus to protect fundamental rights.

It allows judges to make laws

It ensures judges are not influenced by other government branches

It permits judges to participate in political activities

It enables judges to control the executive branch

Correct Answer: B

Solution:

An independent judiciary ensures that judges can make decisions without influence from the executive or legislative branches, maintaining the rule of law.

The judiciary's power to amend the Constitution

The legislature's ability to regulate the conduct of judges

The judiciary's intervention in legislative privileges

The legislature's power to appoint judges

Correct Answer: C

Solution:

A potential conflict arises when the judiciary intervenes in matters related to legislative privileges, as the legislature has the power to govern itself and regulate its members.

The Supreme Court advises the President on a matter of public importance.

The Supreme Court declares a law unconstitutional because it violates fundamental rights.

The Supreme Court settles a dispute between two states.

The Supreme Court hears an appeal from a lower court in a criminal case.

Correct Answer: B

Solution:

Judicial review is the power of the Supreme Court to examine the constitutionality of laws. Declaring a law unconstitutional because it violates fundamental rights is an exercise of this power.

PIL allows only government officials to file cases in the interest of the public.

PIL enables individuals to file lawsuits for personal grievances.

PIL allows citizens to approach the court for the protection of public interest even if they are not directly affected.

PIL restricts the judiciary from hearing cases related to social issues.

Correct Answer: C

Solution:

Public Interest Litigation allows citizens to approach the judiciary for the protection of public interest, even if they are not directly affected by the issue.

Create new laws

Examine the constitutionality of laws

Enforce laws

Appoint judges

Correct Answer: B

Solution:

Judicial review allows the Supreme Court to examine the constitutionality of laws and declare them unconstitutional if they violate the Constitution.

To legislate new laws.

To protect the rule of law and ensure the supremacy of law.

To execute laws passed by the legislature.

To amend the Constitution.

Correct Answer: B

Solution:

The judiciary's primary role is to protect the rule of law and ensure that all individuals are subject to the same law, maintaining the supremacy of law.

The power of the judiciary to examine the constitutionality of laws

The judiciary's ability to create new laws

The judiciary's role in executing laws

The judiciary's involvement in political campaigns

Correct Answer: A

Solution:

Judicial review is the power of the judiciary to examine the constitutionality of laws and declare them unconstitutional if they violate the Constitution.

The active role of the judiciary in interpreting laws and protecting rights

The judiciary's involvement in legislative processes

The judiciary's role in executing laws

The judiciary's function in conducting elections

Correct Answer: A

Solution:

Judicial activism refers to the active role of the judiciary in interpreting laws and protecting the rights of citizens, often through Public Interest Litigations.

Constitutional provisions

Public opinion

Media pressure

Personal bias

Correct Answer: D

Solution:

Judges are expected to be impartial and base their decisions on the law and facts of the case, free from personal bias. Constraints like constitutional provisions, public opinion, and media pressure can influence rulings but personal bias should not.

Judges can make laws

Judges are not accountable to anyone

Judiciary operates without interference from other government branches

Judiciary can overrule the Constitution

Correct Answer: C

Solution:

Independence of judiciary means it operates without interference from the executive and legislature.

It ensures that judges can make decisions without fear of retribution from the executive and legislature.

It allows judges to make laws as they see fit.

It gives the judiciary the power to appoint members of the executive.

It allows the judiciary to function without any accountability.

Correct Answer: A

Solution:

The independence of the judiciary is crucial for ensuring that judges can make impartial decisions based on the law, free from external pressures from the executive and legislature.

Appellate Jurisdiction

Original Jurisdiction

Advisory Jurisdiction

Special Powers

Correct Answer: B

Solution:

Original Jurisdiction allows the Supreme Court to settle disputes between states.

True or False

Correct Answer: True

Solution:

Judicial activism, through practices like Public Interest Litigation, has helped in expanding the scope of fundamental rights by addressing issues like forced labor and inhuman working conditions.

Correct Answer: True

Solution:

PIL allows individuals or groups to file cases on behalf of others whose rights have been violated, even if they are not directly affected.

Correct Answer: True

Solution:

The Supreme Court has advisory jurisdiction, which allows it to advise the President on matters of public importance and law.

Correct Answer: True

Solution:

The Supreme Court has advisory jurisdiction, which allows it to advise the President on matters of public importance and law.

Correct Answer: False

Solution:

Judicial activism, through mechanisms like Public Interest Litigation, has expanded the scope of fundamental rights and made them more meaningful for disadvantaged sections.

Correct Answer: False

Solution:

The term 'judicial review' is not mentioned in the Constitution, but the Supreme Court has the implicit power to review laws for constitutionality.

Correct Answer: False

Solution:

The judiciary in India performs both legal and political functions, including interpreting and protecting the Constitution.

Correct Answer: False

Solution:

While the judiciary is independent, it operates within a democratic political structure and is influenced by factors such as public opinion and media.

Correct Answer: True

Solution:

The Supreme Court has the power of judicial review, which allows it to examine the constitutionality of any law and declare it unconstitutional if it violates fundamental rights.

Correct Answer: True

Solution:

The Supreme Court has the power to issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to protect fundamental rights.

Correct Answer: True

Solution:

The Supreme Court can use its review powers to declare a law unconstitutional if it violates the federal distribution of powers as laid down by the Constitution.

Correct Answer: True

Solution:

PIL allows courts to consider cases filed not by the aggrieved persons but by others on their behalf, making it possible to address issues affecting the poor and disadvantaged.

Correct Answer: False

Solution:

The appointment of judges has been a part of the political process and has never been free from political controversy.

Correct Answer: True

Solution:

The judiciary is not only involved in resolving disputes but also plays a significant role in interpreting and protecting the Constitution.

Correct Answer: True

Solution:

The independence of the judiciary in India is ensured by the separation of powers and the judiciary's ability to function without interference from the executive or legislature.

Correct Answer: False

Solution:

Judicial activism can lead to conflicts between the judiciary and other branches, as it involves the judiciary taking an active role in interpreting the Constitution and protecting rights, sometimes challenging legislative and executive actions.

Correct Answer: True

Solution:

The judiciary is not only responsible for settling disputes but also plays a significant role in interpreting and protecting the Constitution, which involves political functions.

Correct Answer: False

Solution:

The judiciary's interference in legislative business is seen as a violation of parliamentary sovereignty, indicating it should not interfere.

Correct Answer: True

Solution:

The judiciary in India not only acts as an arbitrator in disputes but also performs political functions, playing a crucial role in interpreting and protecting the Constitution.

Correct Answer: False

Solution:

The judiciary can intervene in legislative matters, especially when there are constitutional violations or breaches of fundamental rights.

Correct Answer: True

Solution:

PIL enables individuals or organizations to file cases on behalf of those whose rights have been violated, even if they are not directly affected.

Correct Answer: False

Solution:

The judiciary and legislature have distinct roles, and the judiciary does not have the authority to intervene in the functioning of the legislature.

Correct Answer: False

Solution:

The legislature has the power to govern itself and regulate the behavior of its members, and the judiciary generally does not intervene in these internal procedures.

Correct Answer: False

Solution:

The judiciary and the Parliament have distinct roles, and while the judiciary can review laws for constitutionality, it does not interfere with the legislative process.

Correct Answer: True

Solution:

The judiciary is designed to be independent to protect the rule of law and ensure justice without political interference.

Correct Answer: True

Solution:

PIL has enabled the courts to consider cases that involve public interest, even if the aggrieved persons do not file the case themselves.

Correct Answer: True

Solution:

Judicial activism and Public Interest Litigation (PIL) have revolutionized the functioning of the judiciary, making it more accessible and responsive to the needs of the public.

Correct Answer: False

Solution:

The term 'judicial review' is not explicitly mentioned in the Indian Constitution, but the Supreme Court's power to review the constitutionality of laws is implied.

Correct Answer: False

Solution:

Public Interest Litigation has significantly enhanced the protection of fundamental rights by allowing courts to address issues affecting the public interest, even when individuals are not directly affected.

Correct Answer: False

Solution:

While the judiciary is independent, it interacts with the executive and legislature, often leading to conflicts, especially regarding the interpretation of the Constitution and fundamental rights.

Correct Answer: False

Solution:

While the judiciary is independent in its functioning, the appointment of judges is part of the political process and can be influenced by political considerations.

Correct Answer: True

Solution:

Judicial activism, particularly through Public Interest Litigation (PIL), has expanded the powers of the judiciary in India, allowing it to address issues affecting the rights of citizens.

Correct Answer: True

Solution:

The Supreme Court has the power to issue writs like Habeas Corpus and Mandamus to protect the fundamental rights of individuals.

Correct Answer: True

Solution:

The judiciary is crucial in interpreting and protecting the Constitution, as highlighted in the provided excerpts.

Correct Answer: True

Solution:

Independence of the judiciary means that the other organs of the government should not interfere with its decisions, allowing judges to perform their functions without fear or favor.

Correct Answer: True

Solution:

Judicial review is the power of the Supreme Court to examine the constitutionality of laws and declare them unconstitutional if they violate the Constitution.

Correct Answer: False

Solution:

The appointment of judges in India is not free from political influence. It involves various political figures and has been a subject of political controversy.

Correct Answer: True

Solution:

Judicial activism, through public interest litigation and other means, has expanded the scope of fundamental rights by addressing violations and ensuring meaningful rights for disadvantaged sections.

Correct Answer: False

Solution:

Public interest litigation allows individuals or organizations to approach the courts on behalf of others, even if they are not personally aggrieved, thus broadening access to justice.

Correct Answer: True

Solution:

The Supreme Court of India can review its own decisions, acknowledging the possibility of errors and ensuring justice is served.

Correct Answer: True

Solution:

The Supreme Court has the power of judicial review, which allows it to examine the constitutionality of laws and declare them unconstitutional if they violate the Constitution.

Correct Answer: True

Solution:

The Supreme Court can review laws if they are inconsistent with the distribution of powers laid down by the Constitution, thus protecting the federal structure.

Correct Answer: False

Solution:

The Constitution provides that the conduct of judges cannot be discussed in the Parliament.

Judiciary

AI Learning Assistant

CBSE Learning Objectives – Key Concepts & Skills You Must Know

Learning Objectives

CBSE Revision Notes & Quick Summary for Last-Minute Study

Chapter 6: Judiciary

Introduction

Independence of Judiciary

Appointment of Judges

Jurisdiction of Supreme Court

Judicial Activism

Conflict Between Judiciary and Parliament

Legal Services Authorities

Conclusion

CBSE Exam Tips, Important Questions & Common Mistakes to Avoid

Common Mistakes and Exam Tips in Judiciary

Common Pitfalls

Exam Tips

Multiple Choice Questions

Q1.Which of the following scenarios best illustrates the concept of judicial review as practiced by the Supreme Court of India?

Correct Answer: B

Q2.Which of the following is an example of judicial activism?

Correct Answer: C

Q3.Which of the following is NOT a jurisdiction of the Supreme Court of India?

Correct Answer: D

Q4.How does the concept of separation of powers manifest in the Indian Constitution?

Correct Answer: C

Q5.How does the concept of 'independence of judiciary' manifest in the Indian context?

Correct Answer: B

Q6.In which of the following cases can a member of the legislature seek protection from the courts?

Correct Answer: C

Q7.How does Public Interest Litigation (PIL) enhance the power of the judiciary in India?

Correct Answer: B

Q8.What is the primary role of the judiciary in a democratic society, as described in the text?

Correct Answer: B

Q9.In the context of the separation of powers, which of the following is a potential source of conflict between the judiciary and the legislature in India?

Correct Answer: C

Q10.Which of the following best describes the principle of 'Independence of Judiciary' in India?

Correct Answer: B

Q11.A member of the legislature has been disciplined by the legislature for breach of privilege. Can this member seek protection from the judiciary?

Correct Answer: B

Q12.What is one of the unresolved issues between the judiciary and the legislature in India?

Correct Answer: C

Q13.What does the independence of the judiciary ensure?

Correct Answer: B

Q14.Which of the following is a potential source of conflict between the judiciary and the Parliament in India?

Correct Answer: C

Q15.What is the significance of judicial review in India?

Correct Answer: B

Q16.In the context of judicial independence, which of the following scenarios best illustrates the concept of 'independence of judiciary'?

Correct Answer: A

Q17.Which of the following is a potential outcome of judicial activism in India?

Correct Answer: B

Q18.Which of the following factors is NOT a constraint over judges in giving their rulings, according to the text?

Correct Answer: D

Q19.In the context of the Indian judiciary, which of the following scenarios best illustrates the concept of 'judicial review'?

Correct Answer: A

Q20.In which case can the Supreme Court of India exercise its 'Original Jurisdiction'?

Correct Answer: B

Q21.Which of the following is NOT a function of the Indian Supreme Court as per its jurisdiction?

Correct Answer: C

Q22.What is judicial review?

Correct Answer: B

Q23.What is the significance of public interest litigation (PIL) in India?

Correct Answer: C

Q24.Which of the following best describes the 'writ jurisdiction' of the Indian Supreme Court?

Correct Answer: C

Q25.Which of the following powers allows the Supreme Court of India to examine the constitutionality of laws?

Correct Answer: D

Q26.Which of the following best describes the 'original jurisdiction' of the Supreme Court of India?

Correct Answer: B

Q27.Which of the following is an unresolved issue between the judiciary and the Parliament?

Correct Answer: A

Q28.Which of the following statements about the Supreme Court's power of judicial review is true?

Correct Answer: B

Q29.Which of the following is an example of judicial activism in India?

Correct Answer: B

Q30.In the context of the separation of powers in India, which of the following is a potential source of conflict between the judiciary and the executive?

Correct Answer: A

Q31.Which of the following best describes the power of judicial activism in India?