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Development of Judiciary Under British

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Home/British Governance/Development of Judiciary Under British/Page 2

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Raju Gentleman
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Raju GentlemanBegginer
Asked: September 23, 2024In:
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Examine how the legal system affected various communities’ rights and privileges throughout colonial authority.

upsc: development of judiciary under british
  1. Umang Singh Yadav
    Umang Singh Yadav Expert

    The judicial system during colonial rule in India had significant implications for the rights and privileges of different communities. Implications for Indian Communities - The colonial judicial system undermined traditional rights and customs of Indian communities replacing them with British laws aRead more

    The judicial system during colonial rule in India had significant implications for the rights and privileges of different communities.

    Implications for Indian Communities –

    • The colonial judicial system undermined traditional rights and customs of Indian communities replacing them with British laws and regulations.
    • Indians faced significant barriers in accessing justice including language barriers, lack of representation and discriminatory laws.
    • The colonial judicial system criminalized traditional practices and customs of Indian communities leading to further marginalization and oppression.

     

    Implications for Marginalized Communities –

    • The colonial judicial system perpetuated caste-based discrimination with laws and regulations reinforcing social hierarchies.
    • The colonial judicial system facilitated the dispossession of tribal lands leading to the displacement and marginalization of indigenous communities.
    • The colonial judicial system provided limited protection for women’s rights with laws and regulations often reinforcing patriarchal norms.

     

    Implications for European Communities –

    • Europeans enjoyed a privileged status within the colonial judicial system with laws and regulations often favoring their interests.
    • Europeans often enjoyed immunity from prosecution for crimes committed against Indians perpetuating a culture of impunity.
    • Europeans had exclusive access to justice with separate courts and legal systems catering to their needs.

     

    The judicial system during colonial rule in India had far reaching implications for the rights and privileges of different communities. While European communities enjoyed privileged status and exclusive access to justice, Indian and marginalized communities faced significant barriers in accessing justice and saw their traditional rights and customs eroded.

     

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Raju Gentleman
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Raju GentlemanBegginer
Asked: September 23, 2024In:
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In what ways did the judiciary’s post-World War II changes correspond with India’s shifting political landscape?

upsc: development of judiciary under british
  1. Umang Singh Yadav
    Umang Singh Yadav Expert

    Post World War II reforms in the judiciary in India reflected changing political dynamics in the following ways. Establishment of Independence- The Indian Independence Act (1947) led to the establishment of an independent Indian judiciary free from British influence. The Constitution of India (1950)Read more

    Post World War II reforms in the judiciary in India reflected changing political dynamics in the following ways.

    Establishment of Independence-

    • The Indian Independence Act (1947) led to the establishment of an independent Indian judiciary free from British influence.
    • The Constitution of India (1950) established the Supreme Court as the highest judicial authority replacing the British Privy Council.

     

    Expansion of Judicial Review – 

    • The Constitution of India (1950) expanded the scope of judicial review enabling the judiciary to review executive and legislative actions.
    • The Supreme Court delivered landmark judgments such as the Gopalan case (1950) and the Keshavananda Bharati case (1973) which expanded the scope of fundamental rights and judicial review.

     

    Increased Representation and Diversity – 

    • Post independence judicial appointments became more representative with increased numbers of Indian judges and judges from diverse backgrounds.
    • Judicial education and training programs were established to enhance the quality and diversity of the judiciary.

     

    Reflection of Changing Political Dynamics –

    • Post World War II reforms reflected the decolonization and nationalist movements in India which emphasized self rule, democracy and social justice.
    • The reforms also reflected the social and economic transformation of India with the judiciary playing a crucial role in promoting social justice, equality and human rights.

     

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Chitranshu Dwivedi
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Chitranshu DwivediBegginer
Asked: September 22, 2024In: , , , ,
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Discuss the development of the judicial system in India under British rule. How did the evolution of courts and legal frameworks during the colonial period shape the current judicial structure of India? Highlight the key reforms and their impact on ...

mains questionquestion
  1. Umang Singh Yadav
    Umang Singh Yadav Expert

    The judicial system in India underwent significant development under British rule. The British established a hierarchical court structure with the Supreme Court at the apex followed by High Courts, District Courts and lower courts. This structure remains largely intact today. Key reforms and their iRead more

    The judicial system in India underwent significant development under British rule. The British established a hierarchical court structure with the Supreme Court at the apex followed by High Courts, District Courts and lower courts. This structure remains largely intact today.

    Key reforms and their impact –

    1. Charter Act of 1726 established the first Supreme Court in India marking the beginning of a modern judicial system.
    2. Regulating Act of 1773 introduced the concept of a hierarchical court structure and established the Calcutta High Court.
    3. Indian High Courts Act of 1861 established High Courts in Bombay, Madras and Calcutta introduced the concept of appellate jurisdiction.
    4. Code of Civil Procedure 1859 standardized civil procedure across India.
    5. Indian Evidence Act 1872 codified the law of evidence, ensuring consistency in judicial proceedings.

    The evolution of courts and legal frameworks during the colonial period shaped the current judicial structure of India in several ways –

    1. The British established court hierarchy remains in place today.
    2. The British introduced codified laws such as the Indian Penal Code and the Code of Civil Procedure which continue to govern Indian law.
    3. The British established an independent judiciary which has been maintained in post colonial India.

     

    These reforms and the overall development of the judicial system under British rule have had a lasting impact on the Indian judiciary shaping its structure, laws and procedures.

     

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Josepaul Jenson
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Josepaul JensonBegginer
Asked: July 17, 2024In: , , ,
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If you have played the game Assassin’s Creed 3, or you have learned about it’s story, then you will know it talks about several events related to American Revolution and Independence. Which all scenes in the game actually portraited the history ...

american revolutionassassin's creed 3computer gameshistoryquestion
Harish Sharma
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Harish SharmaBegginer
Asked: July 17, 2024In:
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Talk about the procedures in the Indian states for judicial nominations, transfers, and removals. Examine the Chief Minister’s, the Governor’s, and the High Courts’ involvement in the appointment and removal of judges. Examine how state-level judicial selection and discipline procedures ...

upsc: development of judiciary under british
  1. Umesh Singh
    Umesh Singh Begginer

    In India, the mechanisms for judicial appointments, transfers, and removals at the state level are crucial for ensuring an independent judiciary and upholding the rule of law. Here’s an analysis of these mechanisms, the roles of key stakeholders such as the Governor, Chief Minister, and High Courts,Read more

    In India, the mechanisms for judicial appointments, transfers, and removals at the state level are crucial for ensuring an independent judiciary and upholding the rule of law. Here’s an analysis of these mechanisms, the roles of key stakeholders such as the Governor, Chief Minister, and High Courts, and a comparison with practices in other federal systems:

    Mechanisms for Judicial Appointments, Transfers, and Removals in Indian States:
    Judicial Appointments:

    High Court Judges: Appointments to the High Courts are made by the President of India in consultation with the Chief Justice of India and the Governor of the concerned state.
    District Court Judges: Appointments to the district judiciary are made by the Governor of the state in consultation with the High Court.
    Judicial Transfers:

    High Court Judges: Transfers of High Court judges are typically initiated by the Chief Justice of the High Court concerned, in consultation with the Chief Justice of India and with the approval of the President.
    District Court Judges: Transfers of district judges are usually decided by the High Court in consultation with the state government.
    Judicial Removals:

    High Court Judges: High Court judges can be removed only through impeachment by Parliament, similar to Supreme Court judges. However, resignation and voluntary retirement are also common.
    District Court Judges: District judges can be transferred or removed by the High Court on grounds of misconduct or inefficiency, subject to disciplinary processes.
    Roles of Key Stakeholders:
    Governor:

    Appointment: The Governor plays a role in the appointment of High Court judges by forwarding recommendations and participating in consultations with the President.
    Transfer: The Governor has no direct role in transfers but may be consulted in exceptional circumstances, especially when judicial administration is affected.
    Chief Minister:

    Consultation: The Chief Minister and the state government are consulted in the appointment of district judges and may provide inputs or recommendations to the High Court and the Governor.
    Role in Transfers: While transfers are primarily handled by the judiciary, the Chief Minister may be involved in resolving administrative issues related to judicial transfers.
    High Courts:

    Appointment: High Courts play a significant role in recommending candidates for district judge appointments to the state government and in the transfer of district judges within the state.
    Discipline and Removal: High Courts have the authority to discipline and recommend the removal of district judges based on reports of misconduct or incompetence.
    Comparison with Other Federal Systems:
    United States:

    Appointment: Federal judges, including Supreme Court justices, are nominated by the President and confirmed by the Senate. State judges are typically appointed through various methods, such as gubernatorial appointment or election.
    Removal: Federal judges can only be removed through impeachment by Congress, ensuring judicial independence.
    Canada:

    Appointment: Federal judges are appointed by the Governor General on the advice of the Prime Minister. Provincial judges are appointed by provincial governments following different processes depending on the province.
    Removal: Judges can be removed through a process initiated by the provincial government or legislature, ensuring judicial independence.
    Australia:

    Appointment: Federal judges are appointed by the Governor General on the advice of the Prime Minister. State judges are appointed by state governments.
    Removal: Judges can be removed through parliamentary processes, ensuring judicial independence.
    Conclusion:
    The mechanisms for judicial appointments, transfers, and removals in Indian states are designed to uphold judicial independence while involving key stakeholders like the Governor, Chief Minister, and High Courts in a consultative process. Compared to other federal systems, India’s process emphasizes consultation with various authorities to balance judicial independence with accountability. The role of the judiciary, especially High Courts, in these processes ensures that judicial appointments and discipline are carried out fairly and transparently, contributing to the overall integrity of the judicial system within a federal framework.

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Shree Shree Singh
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Shree Shree SinghBegginer
Asked: July 16, 2024In:
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Talk about the steps the Indian court has done to solve the problems with judicial impartiality and ethics. Analyze the success of the Judicial Standards and Accountability Act, internal complaint procedures, and other efforts to preserve the legitimacy and integrity ...

upsc: judiciary
  1. Kunal Tiwari
    Kunal Tiwari Learner

    Addressing Judicial Ethics and Impartiality in India The Indian judiciary recognizes the importance of maintaining public trust through ethical and impartial judges. Here's a breakdown of the measures taken and their effectiveness: Measures: Codes of Conduct: The judiciary doesn't have a single codeRead more

    Addressing Judicial Ethics and Impartiality in India
    The Indian judiciary recognizes the importance of maintaining public trust through ethical and impartial judges. Here’s a breakdown of the measures taken and their effectiveness:

    Measures:

    Codes of Conduct: The judiciary doesn’t have a single code, but relies on three key documents:
    Restatement of Values of Judicial Life (1999): This outlines principles for conduct like avoiding conflicts of interest and upholding the law.
    Bangalore Principles of Judicial Conduct (2002): These international guidelines emphasize integrity, competence, and propriety.
    Oath of Office: Judges swear to uphold the Constitution and administer justice without fear or favor.
    In-House Mechanisms: Each court has a Chief Justice who can address complaints against judges within their jurisdiction.
    Judicial Standards and Accountability Bill (2010): (Not enacted) This proposed legislation aimed to establish an independent body for complaints investigations and removal of judges.
    Evaluation:

    Effectiveness:
    Codes: These are positive steps, but lack enforcement mechanisms.
    In-House Mechanisms: These are criticized for being opaque, lacking transparency, and having an inherent bias towards protecting colleagues.
    JSAB: Never passed, it could have offered a more transparent and independent process, but concerns about undermining judicial independence remain.
    Other Initiatives:
    Media Scrutiny: Public awareness through media can highlight ethical lapses.
    Citizens’ Right to Information (RTI): Limited access to judicial records can hinder transparency.
    Judge Training: Efforts exist, but more can be done to emphasize ethics and conflict resolution.
    Overall: The current system faces challenges. While codes offer guidance, enforcing them remains a concern. In-house mechanisms lack transparency and public trust. The unpassed JSAB could have improved accountability but faced opposition due to potential independence concerns.

    Recommendations:

    Strengthen In-House Mechanisms: Implement time-bound procedures, independent oversight within the judiciary, and clear communication of outcomes.
    Consider a Modified JSAB: Balance independence and accountability through a robust, transparent, and independent complaints process with judicial representation.
    Increase Transparency: Explore ways to share appropriate information about complaints and disciplinary actions while protecting privacy.
    Enhanced Training: Continuously educate judges on ethical issues and conflict resolution.
    Conclusion: Maintaining judicial integrity is crucial. By addressing the limitations of the current system and exploring new approaches, the Indian judiciary can enhance public trust and uphold its vital role in democracy.

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Shree Shree Singh
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Shree Shree SinghBegginer
Asked: July 16, 2024In:
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Examine how the Indian court has contributed to defending and advancing the fundamental rights guaranteed by the Constitution. Talk about the court’s case law regarding emerging rights, socioeconomic rights, and civil freedoms, as well as how it affects individuals’ daily ...

upsc: judiciary
  1. Hitesh Vyas
    Hitesh Vyas Begginer

    Role of the Indian Judiciary in Protecting and Expanding Fundamental Rights The Indian judiciary plays a pivotal role in interpreting and expanding the fundamental rights enshrined in the Constitution of India. Through its rulings, the judiciary not only safeguards civil liberties but also addressesRead more

    Role of the Indian Judiciary in Protecting and Expanding Fundamental Rights

    The Indian judiciary plays a pivotal role in interpreting and expanding the fundamental rights enshrined in the Constitution of India. Through its rulings, the judiciary not only safeguards civil liberties but also addresses socioeconomic rights and emerging rights. The judiciary’s approach has significantly impacted the lives of Indian citizens, reinforcing the constitutional promise of justice, equality, and dignity.

    1. Civil Liberties:

    The Indian judiciary has been instrumental in upholding civil liberties, including:

    Right to Equality: The judiciary has reinforced the principle of equality before the law and equal protection of laws. Landmark cases such as Kesavananda Bharati v. State of Kerala (1973) emphasized that fundamental rights, including equality, cannot be violated even by constitutional amendments.

    Right to Freedom: The Supreme Court has expanded the scope of fundamental freedoms, including freedom of speech and expression, through decisions like Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India (1985). The Court has protected the right to privacy and personal liberty, as seen in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), where the right to privacy was recognized as a fundamental right.

    Protection Against Arbitrary Detention: The judiciary has intervened to protect individuals from unlawful detention, ensuring adherence to the procedure established by law. The habeas corpus jurisdiction of the High Courts and the Supreme Court is a critical mechanism in this regard.

    2. Socioeconomic Rights:

    The Indian judiciary has also been proactive in addressing socioeconomic rights:

    Right to Education: The Supreme Court, in Unnikrishnan J.P. v. State of Andhra Pradesh (1993), held that the right to education is a fundamental right under Article 21, leading to the enactment of the Right of Children to Free and Compulsory Education Act, 2009.

    Right to Health and Livelihood: The judiciary has recognized the right to health as an essential aspect of the right to life. The Court has directed the government to ensure access to affordable and quality healthcare. In cases like Paschim Bengal Khet Mazdoor Samity v. State of West Bengal (1996), the Court emphasized the duty of the state to provide medical facilities.

    Right to Clean Environment: The Supreme Court has addressed environmental concerns, ruling that the right to a healthy environment is integral to the right to life. This is evident in decisions such as M.C. Mehta v. Union of India (1987), where the Court mandated measures to control pollution and protect environmental quality.

    3. Emerging Rights:

    The judiciary has played a crucial role in recognizing and expanding emerging rights:

    Right to Privacy: In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the Supreme Court declared the right to privacy as a fundamental right, influencing legislation related to data protection and personal autonomy.

    Right to Gender Equality and Dignity: The Court has expanded the scope of gender equality through decisions like Vishaka v. State of Rajasthan (1997), which addressed sexual harassment at the workplace, and Navtej Singh Johar v. Union of India (2018), which decriminalized consensual same-sex relationships.

    Right to Food: The Court has recognized the right to food as part of the right to life, leading to directives for implementing food security measures and improving public distribution systems.

    Impact on Citizens’ Lives:

    The judiciary’s role in expanding and protecting fundamental rights has had a profound impact:

    Empowerment and Justice: The protection of civil liberties has empowered citizens, providing them with legal recourse against state excesses and ensuring justice in cases of human rights violations.

    Social Justice: By addressing socioeconomic rights, the judiciary has contributed to social justice, improving access to education, health, and other essential services for marginalized communities.

    Evolving Norms: The recognition of emerging rights reflects the judiciary’s responsiveness to evolving societal norms and issues, ensuring that the Constitution remains a living document that addresses contemporary concerns.

    In summary, the Indian judiciary has played a dynamic role in protecting and expanding fundamental rights. Through its jurisprudence, the judiciary has reinforced civil liberties, addressed socioeconomic inequalities, and recognized emerging rights, significantly impacting the lives of citizens and advancing constitutional ideals.

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Shree Shree Singh
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Shree Shree SinghBegginer
Asked: July 16, 2024In:
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Talk about India’s judicial accountability laws and the procedures for disciplining bad judges. Analyze the function of the internal procedure, the impeachment process, and other accountability tools. Compare the Indian method with other democratic countries’ procedures for holding judges accountable.

upsc: judiciary
  1. Tina Singh
    Tina Singh Begginer

    In India, ensuring judicial accountability is crucial to maintain public trust in the judiciary and uphold the rule of law. The provisions and mechanisms for disciplining errant judges involve both constitutional processes and internal mechanisms. Here’s an analysis of these provisions, mechanisms,Read more

    In India, ensuring judicial accountability is crucial to maintain public trust in the judiciary and uphold the rule of law. The provisions and mechanisms for disciplining errant judges involve both constitutional processes and internal mechanisms. Here’s an analysis of these provisions, mechanisms, and a comparison with practices in other democratic nations:

    Provisions for Judicial Accountability in India:
    Impeachment Process:

    Article 124(4) and Article 218: Judges of the Supreme Court and High Courts can be removed from office through impeachment for “proved misbehavior or incapacity.”
    Process: Impeachment requires a motion supported by at least 100 members of Lok Sabha or 50 members of Rajya Sabha, followed by investigation and decision by a committee comprising members of both houses, and finally a two-thirds majority in both houses.
    In-house Procedure:

    Role of Chief Justice: The Chief Justice of India or the Chief Justice of the respective High Court may initiate an in-house procedure to inquire into allegations of misconduct against judges.
    Informal Inquiry: Conducted by a committee of judges to examine allegations and recommend actions such as advice, warning, or further disciplinary proceedings.
    Other Accountability Measures:

    Judicial Standards and Accountability Bill, 2010: Proposed measures for establishing a National Judicial Oversight Committee and laying down standards of conduct for judges.
    Supreme Court Judgment: The Supreme Court has affirmed that judges can be held accountable for misconduct under the In-house Procedure or through other legal means.
    Comparison with Practices in Other Democratic Nations:
    United States:

    Impeachment: Federal judges, including Supreme Court justices, can be impeached by the House of Representatives and removed by the Senate for “high crimes and misdemeanors.”
    Judicial Conduct: The Judicial Conference of the United States oversees the conduct of federal judges and can recommend disciplinary actions to the Senate.
    United Kingdom:

    Removal: Judges can be removed by the Queen on an address from both Houses of Parliament for “misbehavior” or “incapacity,” following an investigation by the Lord Chancellor and a judicial tribunal.
    Judicial Conduct: The Judicial Conduct Investigations Office (JCIO) investigates complaints against judges and recommends actions, including removal or resignation.
    Australia:

    Removal: Federal judges can be removed by Parliament on an address from both Houses for “proved misbehavior or incapacity,” following an investigation by a parliamentary committee.
    Judicial Conduct: The Judicial Commission of Australia investigates complaints against judges and may recommend removal or other disciplinary actions.
    Effectiveness and Challenges in India:
    Impeachment Process: Historically, the impeachment process in India has been rarely successful due to its rigorous requirements and political considerations.
    In-house Procedure: Provides a mechanism for internal discipline but lacks transparency and independent oversight.
    Challenges: Ensuring independence of disciplinary processes, addressing delays in handling complaints, and balancing judicial independence with accountability remain significant challenges.
    Conclusion:
    The provisions for judicial accountability in India, including the impeachment process, in-house procedure, and proposed legislative measures, aim to uphold judicial integrity and discipline errant behavior. While these mechanisms are essential, their effectiveness hinges on ensuring transparency, independence, and timely resolution of complaints. Learning from practices in other democracies can provide insights into strengthening India’s judicial accountability framework, ensuring that it remains robust and credible in maintaining public confidence in the judiciary

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Shree Shree Singh
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Shree Shree SinghBegginer
Asked: July 16, 2024In:
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Examine the Indian constitutional system’s use of the notion of judicial review. Talk about this power’s extent and restrictions, the Supreme Court’s and the High Courts’ roles in using it, and how they affect the system of checks and balances ...

upsc: judiciary
  1. Khushi
    Khushi Begginer

    Judicial review is a crucial concept in the Indian constitutional system, empowering the judiciary to examine the constitutionality of laws and government actions. The scope of judicial review in India is extensive, allowing the Supreme Court and High Courts to: 1. Declare laws and government actionRead more

    1. Judicial review is a crucial concept in the Indian constitutional system, empowering the judiciary to examine the constitutionality of laws and government actions. The scope of judicial review in India is extensive, allowing the Supreme Court and High Courts to:

    1. Declare laws and government actions unconstitutional (Article 13 and 32)

    2. Interpret the Constitution and laws (Article 141 and 226)

    3. Issue writs and directions to protect fundamental rights (Article 32 and 226)

    4. Review administrative actions and policies (Article 14 and 21)

     

    Limitations:

     

    1. Political questions: Courts generally avoid deciding political questions, leaving them to the elected branches.

    2. Policy decisions: Courts refrain from interfering with policy decisions, unless they violate the Constitution or laws.

    3. Separation of powers: Courts respect the legislative and executive branches’ domains, avoiding unnecessary interference.

     

    Role of the Supreme Court and High Courts:

     

    1. Guardian of the Constitution: Ensuring its provisions are upheld and protected.

    2. Interpreter: Providing authoritative interpretations of the Constitution and laws.

    3. Protector of fundamental rights: Enforcing these rights and ensuring their protection.

    4. Check on government power: Preventing abuse of power and ensuring accountability.

     

    Implications:

     

    1. Separation of powers: Judicial review ensures that each branch respects the others’ domains.

    2. System of checks and balances: Preventing any one branch from dominating the others.

    3. Protection of individual rights: Ensuring that the government does not infringe upon citizens’ fundamental rights.

    4. Promoting the rule of law: Ensuring that the Constitution and laws are upheld and enforced.

     

    In conclusion, judicial review is a vital component of India’s constitutional system, empowering the judiciary to protect the Constitution, individual rights, and the rule of law. While there are limitations to this power, the Supreme Court and High Courts play a crucial role in exercising judicial review, maintaining the system of checks and balances, and ensuring the separation of powers.

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mutahir khan
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mutahir khanBegginer
Asked: July 15, 2024In: , , , , ,
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question
  1. Dibyangna -
    Dibyangna - Begginer

    Choosing a career in the judiciary has several potential drawbacks that aspiring judges should consider. 1. Lengthy and Competitive Path: Becoming a judge requires extensive education and experience, often involving years of studying law, practicing as an attorney, and passing competitive examinatioRead more

    Choosing a career in the judiciary has several potential drawbacks that aspiring judges should consider.

    1. Lengthy and Competitive Path: Becoming a judge requires extensive education and experience, often involving years of studying law, practicing as an attorney, and passing competitive examinations. This long and challenging journey can be demanding and uncertain.

    2. High Stress and Responsibility: Judges bear the responsibility of making critical decisions that affect individuals’ lives and society at large. This role can be highly stressful, with significant emotional and mental pressure to ensure justice is served impartially and fairly.

    3. Limited Public Recognition: Despite the importance of their role, judges often work behind the scenes and may not receive the same level of public recognition or accolades as other legal professionals like high-profile lawyers.

    4. Restrictions on Personal Life: Judges must adhere to strict ethical guidelines, which can limit their personal and social lives. They must avoid conflicts of interest, maintain impartiality, and uphold the dignity of their position, often leading to a degree of social isolation.

    5. Bureaucratic Challenges: The judicial system can be slow and bureaucratic, with heavy caseloads, delays, and administrative hurdles. Judges may face frustration due to systemic inefficiencies and the slow pace of legal proceedings.

    6. Emotional Toll:Dealing with sensitive and often distressing cases, such as criminal trials and family disputes, can take an emotional toll, leading to burnout and compassion fatigue.

    While a career in the judiciary can be rewarding and impactful, it is essential to weigh these challenges against the personal and professional fulfillment it may bring.

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