Question - What is 'Public Interest Litigation'?
Answer -
- In the normal course of law, a person goes to court only when he has suffered some personal loss and seeks justice from the court.
- But when the petition is filed by someone other than the victim then it is called a Public Interest Litigation
- In this the court works to provide justice to the victim
Question: Explain the structure of judiciary?
Answer -
Question – What is meant by judicial review?
Answer -
- Judicial review means that the Supreme Court can examine any law on its constitutional basis and if a law is contrary to the provisions of the Constitution , it can declare it unconstitutional.
- The Supreme Court can also exercise the power of judicial review in cases of centre-state relations .
Question – What are the disadvantages of an active judiciary?
Answer -
- The workload in the judiciary has increased
- Judicial activism has made it difficult to distinguish between the functions of the legislature, executive and judiciary
- Like removing air and noise pollution, investigating corruption and election reforms etc., this should be done by the administration under the supervision of the legislature.
- Every organ of government must respect each other's powers and jurisdiction.
Question – Why do we need an independent judiciary?
Answer -
- In every society, disputes arise between individuals, between groups and between governments.
- All these disputes should be resolved by an independent body on the basis of the 'principle of the rule of law'.
- 'Rule of law' means that the same law should apply to all people, rich and poor, men and women, forward and backward.
- The main function of the judiciary is to protect the 'rule of law' and ensure the supremacy of law.
- The judiciary protects the rights of the individual and resolves disputes and conflicts according to the law.
- The judiciary ensures that democracy is not replaced by the dictatorship of one person or group.
- For this it is necessary that the judiciary be free from any political pressure.
- Our constitution provides us with an independent judiciary
- The judiciary can take decisions without any pressure
Question – What is the process of appointment of judges in India?
Answer -
- The Cabinet, Governors, Chief Ministers and the Chief Justice of India – all influence the process of judicial appointment.
- In the matter of appointment of the Chief Justice of India, it has become a convention over the years that the most senior judge of the Supreme Court will be appointed to this post.
But this tradition has also been broken twice.
1. In 1973 Justice A. N. Ray was appointed Chief Justice of India, superseding three senior-most judges.
2. In 1975, Justice M H Beg was appointed in place of Justice H R Khanna.
- The President appoints other judges of the Supreme Court and High Courts on the advice of the Chief Justice of India.
- This means that the real power regarding appointments lies with the Council of Ministers.
- Between 1982 and 1998, the issue repeatedly came before the Supreme Court.
- Initially the Court was of the view that the role of the Chief Justice was purely advisory.
- But later the court accepted that the President must accept the advice of the Chief Justice.
- Ultimately, the Supreme Court made a new arrangement. According to this, the Chief Justice of the Supreme Court will propose some names with the advice of the other four senior-most judges and the President will make appointments from among them.
- Thus the Supreme Court established the principle of collegiality with regard to the recommendation of appointments.
- That is why nowadays the group of senior judges of the Supreme Court has more influence regarding appointments.
- In this way the Supreme Court and the Council of Ministers play an important role in the appointment of the judiciary.
