Ch 6 JUDICIARY

DAILY QUESTIONS
15.07.2020
1. Explain the term Judiciary.
2. What do you understand by the term Rule of Law?
3. Fill in the blanks
a. The principal role of the judiciary is to protect the ____ ___ _____.
4. State True or False
a. To ensure that democracy does not give way to dictatorship it is essential to have an
independent judiciary.
b. Political loyalty should be a criterion for the appointment of judges.
c. The actions and decisions of judges are immune from personal criticism.
5. What do you understand by the term Independence of the judiciary?
6. ‘Independence of the judiciary does not imply arbitrariness or absence of accountability.’
Comment. 1m
7. How does the Constitution of India protect the independence of the judiciary? 4m
8. Where do the judges draw their salaries from?
9. Can Parliament discuss the conduct of judges? Give one reason in defence of your
argument.
10. In your own words explain the following with examples
a. Active and assertive judiciary
ANS Active and assertive judiciary means the use of judicial power to articulate and
enforce what is beneficial for the society in general and people at large. Supreme
court despite its constitutional limitation has come up with flying colors as a
champion of justice.Only thing the judiciary must keep in mind that while going
overboard to do justice to common man, must not overstep the limitation prescribed
by the constitution.
Examples-
a. When serious issues like environment pollution crop up and the statutory bodies
take no action and people suffer (New Delhi),the courts have to step in to alleviate
human suffering. CNG based public transport in New Delhi.
b. Bhopal Gas tragedy and the Jessica lal murder case are among the top.In Jessica
lal case money and muscle power tried to win over the good.But court intervene,
did justice.
c. Supreme court recently issued a notice to union seeking an explanation of the
steps taken by it to ameliorate the plight of Indian students in Australia.(Foreign
policy)
d. Supreme court notice questioning the proliferation of the Mayawati statues.
(Budgetary policy)
e. Supreme court issued guidelines in 2006 to reform the police administration.
 f. The court has passed orders banning the pasting of black film on automobile
windows.
g. The court has ordered the exclusion of tourists in the core area of Tiger reserve.
h. The supreme court took away the constitutionally conferred power of the
president of India to appoint judges after consultation with the chief justice, and
appropriated this power in the chief justice of India and a collegium of four
judges.In no constitution in the world is the power to select and appoint judges
conferred on the judges themselves.(Encroachment & overstep)
Conclusion-Without an alert and enlightened judiciary the democracy will be reduced
to an empty shell.
b. Controlled and committed judiciary
ANS “Committed Judiciary” is essentially a judiciary which is committed to
upholding the policies of the government in power by interpreting the laws and the
Constitution itself in a way palatable/ acceptable to the Government in power.The
government in power would like the judiciary to interpret the laws including the
Constitution in a way that suits their agenda
A ‘committed judiciary’ may be committed to the government of the day; but it
cannot then be unwaveringly committed to the Constitution itself and thus it cannot
be committed to the people who have given themselves the Constitution to ensure
that they are governed subject to the rule of law, a law following sound principles of
jurisprudence.
‘Committed Judiciary’ is bad for democracy; it is bad for the rule of law.
Example – 1967 and 1974-75 under Mrs Indira Gandhi
11. What is the convention in regard to the appointment of the Chief Justice of India? Has it
been ever broken? Substantiate with two examples.
12. Who appoints the judges of the High Court and Supreme Court?
13. What is the principle of collegiality/ collegium system and why was it established in
India?
Ans. Collegium system is a process through which decisions related to appointments
and transfer of judges in supreme court and high court is taken by a collegium. The
collegium consists of CJI, four senior most judges of supreme court and three
members of concerned high court (in the matter related to high court) including
chief justice of high court.
14. What are the merits and demerits of collegium system for appointment of supreme
Court judges?
Ans Merits are
a. that it minimizes the executive interference in the dispensation of the justice
system and the
b. A judicial trained mind can judge who is capable and competent in law to
become a judge of court. Even a good lawyer with bad intention can be
dangers to the court system
 Demerits are
a. that the judges have misused this system by appointing
their owns well wishers
b. sometime an incapable lawyer became judge of the
higher court who has neither any competency nor legal
brain.
c. This system promote unhealthy trend where judges are
appointed by the judges only in non-transparent manner.
d. It has come to note that even the merits and demerits of
the candidate are neither formally discussion nor
recorded in the meetings of the Collegium and thus
makes the mockery of entire judicial process.
===========================================================================