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Judiciary

The Constitution of India establishes an independent judiciary, with the Supreme Court as the apex authority. The judiciary is responsible for interpreting the Constitution and safeguarding the fundamental rights of citizens.

The Supreme Court and the high courts of the states have the power of judicial review, allowing them to assess the constitutionality of laws and government actions. This robust judicial framework is a cornerstone of India’s democratic system.

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Home/Indian Polity/Judiciary/Page 4

Mains Answer Writing Latest Questions

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TeamSupreme
Asked: August 31, 2024In:
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Answer the question in maximum 15 to 20 words. This question carries 03 marks.[MPPSC 2023] Which three purposes does judicial review serve?

mppsc: judiciary
  1. Ragini Sharma
    Ragini Sharma Begginer

    From the Wednesbury's case we establishes reasonableness and the triple 'I' test that is: Illegality, Irrationalily and Procedural Irregularity should be avoided in order to get an unbiased result. Judicial review is a unique feature of judiciary in order to - 1) Keep check over other piller of theRead more

    From the Wednesbury’s case we establishes reasonableness and the triple ‘I’ test that is:

    Illegality, Irrationalily and Procedural Irregularity should be avoided in order to get an unbiased result. Judicial review is a unique feature of judiciary in order to –

    1) Keep check over other piller of the govt. I.e legislarure and executive

    2) To maintain transperacy between all three organs

    3) To ensure that no act of organs should hamper the basic structure of our Constitution

    Several case laws: kameshwar prasad v. State1951, keshwananda bharti 1973, waman rao, minerva mills, I.R Coelho v. State of Tamil Nadu 2007.

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Om Gauraha
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Om GaurahaBegginer
Asked: September 2, 2024In: ,
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  1. priya chitlangia
    priya chitlangia Begginer

    Code of Civil Procedure 1908 deals with two important doctrine "Res Judicata" and "Res Sub Judice". The key differences between the two are: Meaning: Sec 11 CPC deals with the doctrine of Res Judicata and states that a matter that has already been decided by a competent court it can't be re-opened iRead more

    Code of Civil Procedure 1908 deals with two important doctrine “Res Judicata” and “Res Sub Judice”. The key differences between the two are:

    Meaning:

    Sec 11 CPC deals with the doctrine of Res Judicata and states that a matter that has already been decided by a competent court it can’t be re-opened in subsequent litigation.

    Sec 10 CPC deals with Res Sub judice and it prevents the courts from taking up any matter which is still pending before subsequent court.

    Purpose

    The main purpose of Res Judicata is to protect individuals from being harassed by multiplicity of suits.

    The purpose behind doctrine of Res sub Judice is to ensure there is conflicting or multiple judgements and matter to be decided by only one competent court.

    Stage Of Litigation

    Res Judicata is applicable after the final Judgement has been pronounced whereas Res Sub judice is applicable when the suit is pending.

    Effect

    Res Judicate bars further litigation on the decided issue on the other hand Res Sub judice stays the trial of the pending suit.

     

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Dinesh Raghavan
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Dinesh RaghavanBegginer
Asked: January 21, 2025In:
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Roadmap for Answer Writing Introduction Start by referencing the MK Ranjitsinh & Ors. vs. Union of India & Ors. (2024) case, where the Supreme Court recognized the right to protection from climate change as linked to the right to life under Article ...

upsc: judiciary
  1. Team
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    Team Supreme

    Model Answer Judiciary's Role in Constitutionalization of Environmental Issues The Supreme Court of India has played a pivotal role in recognizing the interconnection between fundamental rights and environmental protection. This role has been instrumental in the constitutionalization of environmentaRead more

    Model Answer

    Judiciary’s Role in Constitutionalization of Environmental Issues

    The Supreme Court of India has played a pivotal role in recognizing the interconnection between fundamental rights and environmental protection. This role has been instrumental in the constitutionalization of environmental issues, often expanding the scope of rights under the Indian Constitution.

    Right to Protection from Climate Change (M.K. Ranjitsinh Case, 2024)

    In the recent MK Ranjitsinh & Ors. vs. Union of India & Ors. (2024) case, the Supreme Court acknowledged that the right to be free from the harmful effects of climate change is integral to the right to life under Article 21 and the right to equality under Article 14. This landmark judgment further solidified the judiciary’s role in extending fundamental rights to include environmental concerns.

    Right to a Healthy Environment (M.C. Mehta vs. Kamal Nath, 2000)

    The judiciary’s contribution to environmental constitutionalism is evident in M.C. Mehta vs. Kamal Nath (2000). Here, the Supreme Court emphasized that disturbances to basic environmental elements like air, water, and soil would be detrimental to life, thus making environmental protection a part of the right to life under Article 21 of the Constitution.

    Sustainable Development (M.C. Mehta vs. Union of India, 2004)

    In M.C. Mehta vs. Union of India (2004), the Court ruled on the necessity of adhering to sustainable development practices while permitting mining activities. The judgment highlighted that sustainable development is aligned with Articles 21, 48A, and 51A(g), demonstrating the judiciary’s commitment to balancing development with environmental protection.

    Noise Pollution (PA Jacob vs. the Superintendent of Police Kottayam, 1993)

    The Kerala High Court, in PA Jacob vs. the Superintendent of Police Kottayam (1993), clarified that freedom of speech under Article 19(1)(a) does not extend to using loudspeakers in a way that disturbs public peace, reinforcing the importance of environmental considerations in public rights.

    Balancing Environmental Protection with Trade (Cooverjee B. Bharucha Case, 1954)

    In Cooverjee B. Bharucha vs. Excise Commissioner, Ajmer (1954), the Court emphasized that when environmental protection conflicts with the right to freedom of trade under Article 19(1)(g), a balance must be struck, ensuring that economic activities do not compromise environmental sustainability.

    Conclusion

    Through these significant rulings, the Indian judiciary has been instrumental in shaping environmental jurisprudence, weaving together constitutional provisions and human rights to safeguard the environment. This judicial activism has led to the constitutionalization of environmental rights, making the protection of the environment an essential aspect of fundamental rights in India.

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Moksh Banerjee
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Moksh Banerjee
Asked: July 10, 2024In:
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  1. Vinay Rajan
    Vinay Rajan Begginer

    The Government of India has put in place several legal and administrative measures to protect the rights and ensure the welfare of civil servants in the country. Here are the key protections and safeguards for civil servants in India: 1. Constitutional Provisions: - Article 311 of the Indian ConstitRead more

    The Government of India has put in place several legal and administrative measures to protect the rights and ensure the welfare of civil servants in the country. Here are the key protections and safeguards for civil servants in India:

    1. Constitutional Provisions:
    – Article 311 of the Indian Constitution provides protection against arbitrary dismissal, removal, or reduction in rank of civil servants.
    – It ensures that no civil servant can be punished without being given a reasonable opportunity to defend themselves.

    2. The Civil Services Conduct Rules:
    – These rules outline the code of conduct and ethics that civil servants must adhere to, as well as the disciplinary procedures to be followed.
    – They provide guidelines on matters like political neutrality, integrity, and avoidance of conflicts of interest.

    3. The Central Civil Services (Classification, Control and Appeal) Rules:
    – These rules govern the classification of civil services, disciplinary proceedings, and appeal mechanisms.
    – They ensure due process and a fair hearing for civil servants facing disciplinary action.

    4. Grievance Redressal Mechanisms:
    – Civil servants have access to internal grievance redressal mechanisms, such as departmental grievance committees.
    – They can also approach the Central Administrative Tribunal (CAT) to address service-related grievances.

    5. Whistle-blower Protection:
    – The Whistle Blowers Protection Act, 2014 provides a framework to protect civil servants who report corruption or misconduct.
    – It prohibits the victimization of whistle-blowers and ensures confidentiality of their identities.

    6. Retirement Benefits and Pensions:
    – Civil servants are entitled to various retirement benefits, including pension, gratuity, and provident fund.
    – These benefits provide financial security and social protection for civil servants and their families.

    7. Training and Capacity Building:
    – The government invests in training and capacity-building programs to enhance the skills and knowledge of civil servants.
    – This helps civil servants perform their duties more effectively and safeguards their professional development.

    8. Performance Appraisal and Promotion:
    – Civil servants undergo regular performance appraisals, which are used as a basis for promotions and career advancement.
    – This ensures a transparent and merit-based system for career progression.

    These legal and administrative measures aim to protect the rights, dignity, and welfare of civil servants, enabling them to perform their duties without fear of arbitrary or unfair treatment. However, the effective implementation and enforcement of these safeguards remain crucial for ensuring a robust and accountable civil service in India.

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Gauranshi Gupta
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Gauranshi GuptaBegginer
Asked: July 10, 2024In: , ,
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Is it important for the Government to frame rules regarding domestic violence against men, if so then how?

lawmenquestion
  1. Nitin Malhotra
    Nitin Malhotra Learner

    Yes, it is crucial for governments to frame rules and laws regarding domestic violence against men, as well as women. Domestic violence is a significant social issue that affects individuals of all genders, and it is essential to address it comprehensively. Why frame rules for domestic violence agaiRead more

    Yes, it is crucial for governments to frame rules and laws regarding domestic violence against men, as well as women. Domestic violence is a significant social issue that affects individuals of all genders, and it is essential to address it comprehensively.

    Why frame rules for domestic violence against men?

    1. Equality and fairness: Domestic violence is a serious violation of human rights, and it is essential to recognize that men can also be victims of domestic violence. Framing rules for domestic violence against men promotes equality and fairness in addressing this issue.
    2. Breaking the silence: Many men who experience domestic violence feel embarrassed, ashamed, or afraid to speak out due to societal stigma. By framing rules, governments can help create a culture where men feel comfortable seeking help and support.
    3. Preventing escalation: Domestic violence can escalate into more severe forms of abuse or even fatal incidents. Framing rules can help prevent these tragic outcomes by providing support services and addressing the underlying issues.
    4. Reducing gender stereotypes: By addressing domestic violence against men, governments can challenge harmful gender stereotypes that often perpetuate the notion that men are never victims of domestic abuse.

    How governments can frame rules regarding domestic violence against men:

    1. Legislative action: Enact laws that criminalize domestic violence against men, including stalking, physical assault, sexual assault, and emotional abuse.
    2. Awareness campaigns: Launch public awareness campaigns to educate the public about the reality of domestic violence against men and promote a culture of respect and equality.
    3. Support services: Provide support services, such as hotlines, counseling, and shelter facilities, specifically designed for male victims of domestic violence.
    4. Training for professionals: Ensure that healthcare providers, law enforcement personnel, and social workers receive training on recognizing signs of domestic violence against men and providing appropriate support.
    5. Data collection: Collect data on domestic violence against men to better understand the scope of the issue and develop targeted interventions.
    6. Collaboration with organizations: Work with organizations that specialize in supporting male victims of domestic violence to ensure that resources are available and accessible.
    7. Education and prevention: Integrate education on healthy relationships, consent, and respect into school curricula to prevent future cases of domestic violence.
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Aryan Ps
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Aryan PsBegginer
Asked: July 13, 2024In: , , ,
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More than 90% of the food products available in the Indian market are filled with harmful preservatives. The FSSAI had taken few measures but it might not be sufficient to tackle the problem. What could be done to solve the ...

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  1. Anmol Garg
    Anmol Garg Begginer

    To address the issue of harmful preservatives in food products in the Indian market, several steps could be taken: Stringent Regulation and Enforcement: Strengthen regulations by the Food Safety and Standards Authority of India (FSSAI) to limit the types and amounts of preservatives allowed in foodRead more

    To address the issue of harmful preservatives in food products in the Indian market, several steps could be taken:

    1. Stringent Regulation and Enforcement: Strengthen regulations by the Food Safety and Standards Authority of India (FSSAI) to limit the types and amounts of preservatives allowed in food products. Ensure strict enforcement of these regulations through regular inspections and penalties for non-compliance.
    2. Promote Natural Preservatives: Encourage the use of natural preservatives such as salt, sugar, vinegar, and certain spices like cloves and cinnamon, which have been traditionally used and are generally safer than synthetic alternatives.
    3. Consumer Awareness: Educate consumers about the risks associated with consuming products containing harmful preservatives. Provide information on how to identify these preservatives on food labels and encourage informed choices.
    4. Support for Research and Development: Invest in research and development of safer preservative technologies that are effective yet less harmful to health. Support innovation in food preservation methods that reduce the need for synthetic additives.
    5. Encourage Industry Initiatives: Work with food manufacturers to voluntarily reduce the use of harmful preservatives and adopt safer alternatives. Provide incentives or recognition for companies that adhere to higher safety standards.
    6. Monitoring Import Regulations: Monitor imported food products to ensure they comply with Indian regulations on preservatives. Strengthen border controls to prevent the entry of products that do not meet safety standards.
    7. Public Health Campaigns: Launch public health campaigns to raise awareness about the long-term health effects of consuming foods with excessive preservatives. Empower consumers to demand safer products.
    8. Capacity Building and Training: Provide training and capacity building programs for food producers, handlers, and regulators on safe food preservation practices and compliance with regulations.
    9. Collaboration with International Bodies: Collaborate with international food safety organizations to learn from global best practices and harmonize standards to ensure the safety of imported and exported food products.

    By implementing these measures comprehensively and continuously, the prevalence of harmful preservatives in the Indian food market can be significantly reduced, thereby safeguarding public health and promoting consumer trust in food safety

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Anmol Garg
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Anmol GargBegginer
Asked: July 14, 2024In:
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indian judiciaryjudiciaryquestion
  1. Anita Dhruw
    Anita Dhruw Legend

    Yes, an FIR can be filed by the accused but the admissibility of such an FIR in court as a confession is a tangled issue, completely depending on the set of circumstances of the case. Admissibility as a Confession: Generally, an FIR filed by an accused is not admissible in the court as a confession.Read more

    Yes, an FIR can be filed by the accused but the admissibility of such an FIR in court as a confession is a tangled issue, completely depending on the set of circumstances of the case.

    Admissibility as a Confession:

    Generally, an FIR filed by an accused is not admissible in the court as a confession. This is due to the following reasons:

    1. Voluntariness: A confession should be voluntary and shall be made free from duress or any sort of inducement to be taking as admissible. An FIR filed by an accused does not fall under this category especially at times of coercion or pressure.
    2. Warning: Any confession that may have taken place that was recorded would have a proper warning administered before taking such confession due to the ill effects of false confession. An FIR filed by an accused may not have undergone this stage.
    3. Self-Incrimination: Thus, the right of every incriminated person not to be self-incriminated is restricted by the filing of an FIR. However, it should be ensured that voluntary statements are not induced or coerced to hold up before this court.

    Meaning, an FIR can be filed, but predominantly it will be without evidentiary value. The court would have to look at what circumstances were there under which the FIR was filed, the voluntary nature of the statements, and whether or not procedural safeguards were followed.

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Anmol Garg
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Anmol GargBegginer
Asked: July 14, 2024In:
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governmentindiajudiciary
  1. [Deleted User]
    [Deleted User]

    The judiciary plays important role in Indian democracy and acts as the guardian of the Constitution. It is also entrusted with the responsibility of upholding the rule of law. It protects our fundamental rights and enables citizens to have recourse against the other branches of Government – the execRead more

    The judiciary plays important role in Indian democracy and acts as the guardian of the Constitution. It is also entrusted with the responsibility of upholding the rule of law. It protects our fundamental rights and enables citizens to have recourse against the other branches of Government – the executive and legislative – through judicial review. Without this balance, one organ would reign supreme.

    Independence is essential for a judiciary to function effectively. Judges are appointed through a transparent process and cannot be easily swayed by political expediencies. Our apex court has given many landmark decisions including in Kesavanand Bharati’s case that reiterated that some parts of the Constitution are beyond Parliament’s jurisdiction to amend.

    Moreover access to justice has been widened through Public Interest Litigation. Under PIL even an ordinary citizen can approach the court on matters of public question and seek justice. This has brought in democratisation of legal process whereby voiceless people could also have access to courts, so too by the marginalised.

    However, there are serious challenges which have emerged recently and which could be seen as undermining efficiency of judiciary as these relates to very concerns about delays but they direly affect possibility of timely justice.

    Yet, there are some very serious challenges that have surfaced in recent past and which if looked at actually do reduce efficiency of judiciary when matters relating to the said delay itself but then these do drastically reduce even the probability of timely justice.

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Yukta Dehankar
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Yukta DehankarBegginer
Asked: July 14, 2024In: ,
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How do various judicial systems handle the process of judicial review, and what impact does this process have on the balance of power among the branches of government?

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  1. Anita Dhruw
    Anita Dhruw Legend

    Consequently, judicial review is the authority of the judiciary to declare statutes or the execution of law and policy by the executive to be unconstitutional. While it encourages checks and balances among the three branches of government it varies in implementation. In the United States, the powerRead more

    Consequently, judicial review is the authority of the judiciary to declare statutes or the execution of law and policy by the executive to be unconstitutional. While it encourages checks and balances among the three branches of government it varies in implementation.

    In the United States, the power judicial review, recognized in * the case of Marbury v. Judicial review (Marbury v. Madison* 1803) has placed the judiciary in a very strong position check on the legislative and executive branches. India’s courts are in the same analogous legal position with ability, the “basic structure doctrine,” to warrant this change as well as guard constitutional legitimacy while simultaneously restraining the legislative branch’s amendment-making capacities. Here, the judicial review of the UK focuses on the procedural regularity of administrative decisions because parliamentary supremacy eliminates the possibility of the declaring primary legislation unconstitutional.

    Germany and other civil law nations employ constitutional courts to handle such pure constitutional claims, while the ECJ ensures compliance of its member’s laws with the treaty establishing the union. These systems show various levels and approaches of judicial control.

    The control of judicial review regrettably hampering the balance of power. Its effect has been to strengthen the call for accountability and rights but has been blamed for judicial encroachment into the domain of policy formulation – undue judicial interference. In this respect, acting as a guardian of the constitution, judicial review improves governance, while the issues arising out of concerns related to the judiciary in the democratic systems are agitating. It will remain basic in support of the rule of law which facilitates a balance power that can function properly.

     

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ADITYA KUMAR
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ADITYA KUMARBegginer
Asked: July 15, 2024In:
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Analyze the implications of the recent Supreme Court verdict on the constitutional validity of the abrogation of Article 370 in Jammu and Kashmir. How does this decision impact the federal structure of India?

  1. Anita Dhruw
    Anita Dhruw Legend

    The recent Supreme Court judgment permitting the scrapping for Article 370 of the Constitution has severe implications on the Indian federation. On one side, it added its voice to the government’s action; on the other, it claimed that this provision was not a part of the Constitution, but a temporarRead more

    The recent Supreme Court judgment permitting the scrapping for Article 370 of the Constitution has severe implications on the Indian federation. On one side, it added its voice to the government’s action; on the other, it claimed that this provision was not a part of the Constitution, but a temporary provision.

    Key Takeaways:

    1. Strengthening Central Authority: The judgment strengthens the septre of the central authority over Jammu and Kashmir. It abolishes the special status that the state had done earlier and thus incorporated it in the other states of India.
    2. Implications for Federalism: Unsurprisingly the decision raises the matter of the federal distribution of power between the center and the states. This may lead to an emergence of oligarchy so puts the autonomy of the state at a risky position.
    3. Other States Implications: This decision directly impacts the verdict for Jammu and Kashmir; still, it may say something with the future further actions in other states regarding that they have autonomy or special provisions.
    4. Socio-political Effects: This decision especially on the people of Jammu and Kashmir would stir up much of socio-political issues; these are; their identity, culture, and any economic gains from their society.

    Therefore one might conclude that SC’s decision regarding Article 370 is the matter of considerable concern to the nature of the federal system in India. On the one hand it has advanced the office of the central government, on the other hand state sovereignty has become an issue and regional ambition too. Its long-term outcome will not only Progressively take place in future, but these changes will significantly define the future of federalism in India.

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