Class: XII Subject-Legal Studies

Chapter 1-Judiciary
Question 1, Page 24
How is the concept of independence of judiciary linked to the doctrine ofseparation of
powers?

 Although the doctrine of separation of powers has been bartered within this unit
as well as abroad in the legal studies course, it will be remedialto have a brief
recap of the doctrine as it correlates with the topic on judicial review.
 The largest democratic countries have adopted in their Constitutions aninfluenced
or complete system of separation of powers horizontally between the three
branches of the administration or of the state-- the legislative, the executive, and
the judiciary.
 The principle of separation of powers guarantees that each branch has definite
powers and responsibilities, based on the organizational design ofthe Constitution.
 Moreover, Constitution accommodates checks and balances so that no one section
exercises its supremacy over the others or ill-treat the powersprovided to them.
 In this way, any branch puts a check on the other whenever there is an infringement
or conflict of powers between them and thereby limiting anyconcentration of powers
in one part.
 Another detailed concept is the doctrine of the division of powers amongthe federal
or center and states or provinces. The federal administration has law-making
powers diverse than that of states or provinces.
 For illustration, the subject interests on national defense and foreign functions
often fall with the federal government, and concerns of prisons and direct taxes
may come with the state or provincial governments.
 The concept of the division of powers specifies and delimits subject interests or
items on which the federal government and rural/ state governments have powers
to produce laws.
 The scheme may also require common items on which both states may have powers to
make laws. Courts have judicial review endowments to reveal any law as
unconstitutional if it is determined by breaching the demarcation.
 India, which is based on the parliamentary structure of government, follows the
system of separation of powers between the three branches ofthe government as
directed in the Indian Constitution.
 The executive department consists of the President, the Prime Minister, and the
bureaucracy. The legislative department holds both houses of Parliament: the
Lok Sabha and the Rajya Sabha.
 In the jury, the Supreme Court is the final administration for interpreting the
constitution; the judiciary is quite individualistic of the other two branches.
Final answer

 India, which is based on the parliamentary form of government, grasps the

system of separation of powers between the three branches of the government
as directed in the Indian Constitution.
 The executive department consists of the President, the Prime Minister, and
the bureaucracy. The legislative branch combines both houses of Parliament:
the Lok Sabha and the Rajya Sabha.
 In the jury, the Supreme Court is the final authority for evaluating the
constitution; the judiciary is quite individualistic of the other twobranches.

Question 2, Page 24
How does independence of judiciary relate to due process of law?

 Article 50 of the Indian Constitution puts the rule of independence of the judiciary.
 This is assumed as the judiciary's autonomous status, separate from the executive
or legislative sections of the government.
 Independence of judiciary accommodates in the maintenance of rule oflaw,
securing good governance, and building a free and fair society.
 The autonomy of the judiciary is vital for the admiration of due process oflaw. Due
process of law signifies that the State must consider all the legal
rights that are owed to a person and conform to the norms of humanity,liberty,
fundamental rights, etc.
 Only an individualistic judiciary can make this concept operational.
 Chronicle has evidenced that whenever the independence of the judiciary has been
interrupted, it has directly affected the due process of governance and rights
imparted to average citizens.
 These lessons guide us that even in grave political incidents, the rights ofcitizens
should not be jeopardized and this could only be possible by an independent and
impartial judiciary.
 Hence independence of the judiciary remains a vital and heart principle even in
contemporary democracy.

Final answer

 Independence of judiciary is vital for the admiration of the dueprocess

of law.
 Due process of law expects that the State must respect all the legalrights
that are owed to a spirit and conform to the norms of humanity, liberty,
fundamental rights, etc.
 Alone an independent judiciary can make this thought operational.
 Chronicle has evidenced that whenever the fairness of the judiciaryhas been
disturbed, it has undeviatingly impacted upon the due process of governance
and rights allowed to average citizens.
Question 3, Page 24
What are the benefits of independence of judiciary?

 Judicial independence assists as a safeguard for the rights and privileges granted by
a restricted constitution and prevents executive and legislative infringement upon
those rights. It assists as a basis for the rule of law alsodemocracy. The rule of law
implies that all authority and power must arise from an ultimate source of law.
Under an independent judicial system, the courts and their officers are released from
inappropriate interference in the judiciary's affairs. With this autonomy, the
judiciary can safeguard people's liberties and freedoms which guarantees equal
protection for all.
 The effectiveness of the law and the reverence that people have for the law and the
state which enacts it is conditional upon the judiciary's independence to distribute
out fair decisions. Furthermore, it is a columnof economic growth as multinational
industries and investors have the
confidence to spend in the economy of a nation that has a strong and solid judiciary
that is detached from interference. The judiciary's role in determining the validity of
presidential and parliamentary selections also necessitates the objectivity of the
judiciary.

 Final answer
Judicial independence is necessary to you because it ensures that judges are
free to choose honestly also impartially, in accordance with the law including
evidence, outwardly anxiety or fear of intervention, control, orinappropriate
influence from anyone.
Question 4, Page 24
What are the main roles of the Supreme Court of India?

 It takes up petitions against the decisions of the High Courts, other courts, and
tribunals.
 It settles conflicts between various government authorities, within state
governments, and within the center and any state government.
 It also hears elements which the President refers to it, in its consultingrole.
 The SC can also convey up cases suo moto (on its own).
 The law that SC represents is binding on all the courts in India and on theUnion as
properly as the state governments.

Final answer

1. Adjudicator
2. Interpreter
3. Advisor
4. Activist

Question 5, Page 24
Comment on the types of jurisdictions that are vested with Courts in India?
Models of ‘Jurisdiction of a Court’ in India:

1. Over the subject matter: It indicates that the court has the authority to ascertain the
type of case or controversy started in its court. Certain courtsprevented from trying
suits of particular classes by status. Thus, a small case court can try suits for money
due on a statement of a loan or under a
 bond or promissory note, a suit for payment of work done, etc. It has nojurisdiction
to try actions for specific performance of contracts for the destruction of
partnership, for an injunction or suits comparing to immovable property.
2. Territorial: All court has its own limits, solidified by the State Government,
behind which it cannot exercise it. Thus, the District Judge is in command of the
district and cannot exercise his power behind that district. The High Court has it
over the entire territory of the State. The Supreme court has done the whole
country.
3. Pecuniary: There are a considerable number of civil courts of various grades
having jurisdiction to try actions or hear appeals of different pricesor values. Some
of these courts have extensive pecuniary jurisdiction. Thus the High Court, the
District Court, and the Civil court have extensive pecuniary jurisdiction. Other
courts have only a restriction. Further, small cause court has restricted. A small
Cause Court Judge also practices a limited.
4. Original or Appellate: The jurisdiction of a court may be Primary and also
Appellate. In the performance of its primary jurisdiction, a court accepts original
suits, while in the exercise of its appellate power it entertains appeals. The Munsifs
court and the court of small elements have only original jurisdiction; the District
Judge’s court and the differentHigh Courts have both primary and appellate
jurisdiction.

Final Answer

1. Over the subject matter

2. Territorial
3. Pecuniary
4. Original or Appellate

Question 6, Page 24
What are the common elements in public interest litigation cases?

 In contemporary years, the Supreme Court has loosened its locus standi and has
allowed public-spirited citizens and civil society organizations toapproach the Court
on account of the victims for fussier administration ofjustice.
 On other statements, the Court has on its own energy started cases ofpublic
importance. For case, it has summoned and reprimanded state
 authorizations for their apathy and lack of attention in running childcare
apartments in the states.
 All, this has been conceivable through the judicial activism of the Supreme
Court done Public Interest Litigation (Janhit Yachika) (PIL).
 This special-ordinary jurisdiction has been requested either through writsor even by
composing letters to Judges, whose modalities are reported under the guidelines for
PIL ordered by the Court.
 The first-ever PIL is prepared as Hussainara Khatoon v. the State ofBihar and
records back to 1979.
 A public interest activist attorney filed this case on behalf of thousands ofdefendants
of the Bihar jail against the inhuman fitness of the prison.
 A Supreme Court bench directed by Justice P.N. Bhagwati declared the right for
free legal aid and speedy trial of these prisoners, which eventually led to their
release.
 Since then, PILs have surrounded several issues including socio- economic
rights, legal entitlements, environmental issues, and politicalreform.

Final answer
Common elements in public interest litigation cases are:

1. PILs can be termed as non-adversarial actions that pit the interest of one
individual over the other. Rather than concentrating on traditional litigation
of opponent character, PILs are known as tools for social change.
2. PILs are based on the principles of citizen standing and symbolic standing
which expands the rights of third parties to address the Court.
3. iPIL from its beginning is modeled on remedial nature which points to creating
a dynamic, welfare-oriented representation of the judiciary. PIL thus includes
the Directive Principles whose claims cannot be produced directly to the
Courts, into the domain of fundamental rights following Part III of the
Constitution, which can be requested before the Courts as a subject of rights
by the citizens ofIndia. Accordingly, PILs are creating new rights and laws
inside the realm of the state. These laws are also democratising citizen's
admittance to justice, thereby strengthening equality in India.
4. PIL further increases the role of judiciary as a director and watchdogagency.
Fear of being drawn to the Court via PIL has improved the feature of several
social institutions in the nation such as jails,
 protective homes, mental shelters, etc. However, with the appearanceand
growth of PILs, they have also been abused for private gains and led to
frivolous litigation on additional issues. They have also been studied for
judicial over-reach and stepping into the footwear of legislature.

Question 7, Page 24
Differentiate between independence of judiciary and impartiality of judges.

 The theory of 'constituent mechanism of autonomy of judiciary defines

judiciary's independence in sessions of the independence of its judges.
 Judges ought to work in an unbiased manner and scholars as aimed out by
Simon Street (The History of Judicial Independence; Judges on Hearing).
 One must perceive that independence of judiciary and impartiality of
judges survive as two distinct concepts- the former relating to the
institution, and the latter relating to its constituent actors.
 The theory of impartiality of judges can be agreed upon within the broad
structure of the independence of the judiciary.
 These theories must be studied in conjunction as they point at achieving the
same goal of supporting judicial integrity in the democratic rule of the country.
 It is superior to discuss the constitutional structure for the independenceof the
judiciary.
 Broadly, the Indian Constitution includes several provisions to serve thesetwin
functions.

Final Answer
The theory of 'constituent mechanism of autonomy of judiciary definesjudiciary's
independence in sessions of the independence of its judges.

Question 8, Page 24
What are the existing Constitutional mandates for the appointment of Judges in India?

 According to Article 124 of the Constitution, 'every jurist of the Supreme Court
shall be designated by the President after consultation with before-mentioned of the
Judges of the Supreme Court also of the High Courts in the States, as the President
may consider necessary.
 The Article also gives that in case of appointment of a judge additional than the
Chief Justice of India, the Chief Justice must be advised.
 Notwithstanding a clear Constitutional mandate, the selection of Judges in practice
persists in a complex process.
 There has been a comprehensive debate over the appointment method of judges
which has seen remodelings in actual practice.
 At present, the nomination at the Supreme Court and the High Court reflects a
collegium model, which is a judicial cosmos through case-laws, smooth though not
constitutionally mandated.
 Beneath the collegium model for the nomination of judges of the Supreme Court,
the Chief Justice of India discusses four senior-most jurists of the Supreme Court.
 The Chief Justice of India forwards his recommendations to the Union Minister of
Law and Justice, who then fixes up the same to the Prime Minister.
 The Prime Minister will then direct the President. For High Courts, the collegium
covers the Chief Justice of the High Court and two superior-most judges of the High
Court.
 The Chief Justice conveys his guidance to the Chief Minister of the State and the
Governor of the State, who indeed send their views immediately to the Union
Minister of Law and Justice.
 The ended material is then advanced to the Chief Justice of India, who in discussion
with a collegium of two Judges of the Supreme Court, would communicate his
references to the Union Minister of Law and Justice.
 The Union Minister of Law and Justice then fixes up the same to the Prime Minister
who will recommend the President in the matter of employment. The seniority of a
Judge performs a vital role in his/her elevation or nomination as Chief Justice.
 For initial approval as a Judge in a High Court for those from the lower judiciary
inter-se priority does matter; and for the elevation of advocates from the stripe,
relative merit matters.
 The collegium model estimates the relative merits of those Judges/advocates in the
zone of concern for elevation with reference to their judgments and evidence.

Final Answer
According to Article 124 of the Constitution, 'every jurist of the Supreme Court shall
be designated by the President after consultation with before mentioned of the
Judges of the Supreme Court also of the High Courts in the States, as the President
may consider necessary.

Question 9, Page 24
Provide examples of how judges are trained once appointed? What are the benefits of such
trainings?

 National Judicial Academy is a government-supported training institute constituted

for the training of Supreme and High Court judges and judicial officers in India.
 This organization was founded in 1993 and is established in Bhopal, with a recorded
office in New Delhi.
 It aims at recommending judicial reforms and providing research assistance services
for greater efficiency, fairness, and productivity in judicial conclusions.
 As a part of implementing judicial training, the National Judicial Education Strategy
(NJES) has been installed in 2006 to provide judicial training to High Court judges,
District Judiciary, and State Judicial Academies.
 The foundation consists of conferences, orientations, workshops on core judicial
facilities and administration and seminars on substantive code and justice.
 The Academy also aims at improving the online skills registry of Indian judges to
improve their proficiency and making a better way to judicial decisions.
Final Answer
The Federal Judicial Centre implements training programs for federal judges and
other federal court organizations. In these programs, trainees engage in court trials,
review legal statements, and complete online exercises.

Question 10, Page 24

Discuss the retirement age of judges in India. In the light of global comparison, provide
your views regarding extending the retirement age.

 The quiet age for a Supreme Court judge is 65 years.

 Furthermore, a High Court judge remains in his office, till the quiet age which is 62
years.
 The age of resignation of District Court judges is circumscribed by their respective
State Government under special service rules.
 The retirement age of judges as defined in the Constitution has been subject to great
debate in India. There lies an imminent bill in the Parliament (114th Amendment
Bill, 2010) which means to increase the superannuation age of High Court judges
from 62 to 65.
 Nevertheless, since the bill is still being discussed in Parliament, it has no legal
effect. Furthermore, the Venkatachalliah Committee designed to study the working
of the Constitution (2000) intended to increase the quiet age of Supreme Court
representatives from 65 to 68.
 These designs have been made in the light of global related standards, followed to
maintain the retirement age for the judges. Indian plans focus on enhancing the age
of retirement for the judges.
 It is done in order to assist them to excel in their service like their similar judges in
the foreign jurisdictions.
 Furthermore, several senior lawyers with significant expertise and experience refuse
to hold judge-ship due to the lower retirement age of 62, particularly in the High
Courts.
 By an improved age, this problem could be revised as advocates would have greater
influence to forego their individual legal manner and function in the role of judges.
 Moreover, the relatively early retirement age in India is usually linked to the
declining spirit of judicial service and the inability of a judge to accurately
effectuate the designated judicial workload.
 Overall, the recommendations mention that such results could be taken care of if the
withdrawal age of the judges would be increased.

Final Answer
Therefore, it is significant to learn from our foreign counterparts in this value and
increase the retirement age of judges. Justice is abandoned through the courts and
judges are the ones tardy it. It is terrible to lose sound feature judges at the ages of
62 and 65 because any of them could continue longer if the law allotted them to.
Question 11, Page 24
Discuss in detail the procedure for impeachment. How many times has this process been
successful in the history of Indian judiciary?

 Judges of the Supreme Court and the High Courts can be extracted through a
process called 'impeachment'.
 The method for removal of the judges is precisely the same for both the Supreme
Court and the High Courts.
 This has been said explicitly in the Constitution of India. As a part of the method of
impeachment, an inquiry is made into the areas of removal of the judges.
 The areas for removal include: (i) proven misbehavior or (ii) incapacity.
 The probe into these areas is made under the Judges Inquiry Act, 1986.
 This probe is done by a committee of three divisions, of which two are judges - one
from the Supreme Court also the second is the Chief Justice of the High Court.
 If the grievance is against the high court judge before two judges from the Supreme
Court constitute the Committee. Based on the decisions, the recommendation to
denounce the judge has to be given by the Chief Justice of India to the President of
India.
 If it is believed then, the proposal of impeachment must be presented in the
Parliament for discussion by 100 MPs in Lok Sabha or 50 MPs in Rajya Sabha. A
representation of the proposal is given to the concerned judge ere the proceeding
starts in the Parliament of India.
 The impeachment rule in Parliament is governed under Article 124(4) of the
Constitution. Under this system, the motion of impeachment has to be given by the
two-third majority members present and voting must be done independently in each
house of the Parliament.
 If the motion is carried then the formal communication is done by the President of
India.
 Hence, the overall process of impeachment is prolix and complex. Consequently, in
the antiquity of the Indian judiciary, this process has been victorious only once.
 Justice Soumitra Sen, the Chief Justice of Calcutta High Court was reprimanded in
2011 for misappropriation of funds. Earlier in 1991, the impeachment method was
launched upon Justice V Ramaswamy, Chief Justice of Punjab including Haryana
High Court but did not operate on falling short of the two-thirds voting criteria.
 As to the dismissal of judges in the lower judiciary, a District Judge or a Further
District Judge can be removed from his office by the State Government in meeting
with the High Court.

Final answer
Judges of the Supreme Court and the High Courts can be extracted through a
process called 'impeachment'.The method for removal of the judges is precisely the
same for both the Supreme Court and the High Courts.
Question 12, Page 24
Define the concept of judicial review?

 Judicial review is a system or a legal doctrine or a practice how a court can examine
or review an administrator or a legislative act, such as law or some other regulatory
or administrative decision, and discover if the act is incompatible with the
constitution.
 In some nations, like the United States, France, and Canada, judicial review enables
the court to invalidate or nullify the law or the act of the government or the
executive if they are found to be contradictory to the constitution.
 In the United Kingdom, judicial review powers are limited; the courts do not have
the administration to nullify or revoke legislation of the Parliament.
 Furthermore, there may be other nations where courts may have a different kind of
limitations and may review only one branch

Final Answer
Constitutional judicial review is normally considered to have begun with the
statement by John Marshall, fourth chief justice of the United States (1801–35),
during Marbury v. Madison (1803), that the Supreme Court about the United States
had the power to revoke legislation enacted by Congress.

Question 13, Page 24

Explain the concept of separation of powers under the Indian Constitutition? How does it
relate with the concept of checks and balances? What are the advantages of having a
system of separation of powers?

 Although the doctrine of separation of powers have been dealt with in this unit
as well as elsewhere in the legal studies course, it will be helpful to have a brief
recap of the doctrine as it relates with the topic on judicial review.
 Most democratic countries have adopted in their Constitutions partial or
complete system of separation of powers horizontally among the three
branches of the government or of the state-- the legislative, the executive, and
the judiciary.
 The doctrine of separation of powers ensures that each branch has distinct
powers and responsibilities, based on organizational scheme of the
Constitution.
 Furthermore, Constitution provides checks and balances so that no one branch
exercises its supremacy over the others or misuse the powers provided to them.
 In this way, each branch puts a check on the other whenever there is an
encroachment or conflict of powers among them and thereby preventing any
concentration of powers in one branch.
 It is believed that the system of separation of powers may have few advantages:
1) it allows for liberty as it avoids concentration of powers in one branch; 2) it
promotes efficiency; and 3) it facilitates and enriches democratic discussion
through the powers of checks and balances of each branch.
  The powers of judicial review allow judiciary to safeguard the checks and
balances and to ensure the separation of powers of the other two branches of
the government.
 Another related concept is the doctrine of division of powers between the
federal or centre and states or provinces. Federal government has law making
powers different than that of states or provinces.
 For example, the subject matters on national defense and foreign affairs often
fall with the federal government, and matters of prisons and direct taxes may
fall with the state or provincial governments.
 The doctrine of division of powers stipulates and delimits subject matters or
items on which the federal government and provincial/ state governments have
powers to make laws.
 The scheme may also involve common items on which both governments may
have powers to make laws. Courts have judicial review powers to declare any
law as unconstitutional if it is enacted by breaching the demarcation. India,
which is based on the parliamentary form of government, follows the system of
separation of powers among the three branches of the government as
prescribed in the Indian Constitution.
 The executive branch consists of the President, the Prime Minister and the
bureaucracy. The legislative branch includes both houses of Parliament: the
Lok Sabha and the Rajya Sabha. In the judiciary, the Supreme Court is the
final authority for interpreting the constitution; judiciary is quiet independent
of the other two branches

Question 14, Page 24

What are the ways in which the scope of judicial review has evolved in courts in India?

 Judicial review is one of the essential features of the Indian Constitution; it has
helped preserve the constitutional principles and values and the constitutional
supremacy.
 The power of judicial review is available to the Supreme Court and the High
Courts in different states in the matters of both legislative and administrative
actions.
 Largely, this power has been applied for the protection and enforcement of
fundamental rights provided in the Constitution. To a lesser extent, judicial
review has also been used in matters concerning the legislative competence
with regards to the Centre State relations.
 With respect to judicial review on matters of executive or administrative
actions, courts have employed doctrines such as 'proportionality', 'legitimate
expectation', 'reasonableness', and the 'principles of natural justice'.
 Essentially, the scope of judicial review in courts in India has developed with
respect to three issues: 1) protection of fundamental rights as guaranteed in the
Constitution; 2) matters concerning the legislative competence between the
centre and states; and 3) fairness in executive acts.

Question 15, Page 24

What are the different kinds of writs Supreme Court can issue under Article 32 of the
Indian Constitution?
Article 32 offers the Supreme Court the power to enforce fundamental rights, and provides
one the right to move the Supreme Court for the enforcement of those rights. From this
article, the Supreme Court derives authority to issue directions or order or writs in the
nature of:
1) habeas corpus, i.e., to order the release of person is unlawfully detained;
2) mandamus, i.e., to order to a public authority to do its duty;
3) prohibition, i.e., to prevent a subordinate court from continuing on a case;
4) quo warranto, i.e., to issue directive to a person to vacate an office wrongfully
occupied; and
5) certiorari, i.e., to remove a case from a subordinate courtand get the proceedings before
it.
Final answer

 Habeas corpus
 Mandamus
 Prohibition
 Quo warranto
 Certiorar

Question 16, Page 24

Discuss how judicial review is used for the enforcement of fundamental rights.

 Judicial review is one of the essential features of the Indian Constitution; it has
helped preserve the constitutional principles and values and the constitutional
supremacy.
 The power of judicial review is available to the Supreme Court and the High
Courts in different states in the matters of both legislative and administrative
actions.
 Largely, this power has been applied for the protection and enforcement of
fundamental rights provided in the Constitution. To a lesser extent, judicial
review has also been used in matters concerning the legislative competence
with regards to the Centre State relations.
 With respect to judicial review on matters of executive or administrative
actions, courts have employed doctrines such as 'proportionality', 'legitimate
expectation', 'reasonableness', and the 'principles of natural justice'.
 Essentially, the scope of judicial review in courts in India has developed with
respect to three issues:

1. protection of fundamental rights as guaranteed in the Constitution;

2. matters concerning the legislative competence between the centre and states;
and
3. fairness in executive acts. Discussed below are some of the salient features,
issues, as well as examples of the ways in which judicial review is practiced by
the Supreme Court of India.

Question 17, Page 24

Define division of powers in the context of the Indian Constitution.
  Judicial review has also been used in matters concerning the legislative
competence with regards to the Centre-State relations.
 Article 246 of the Constitution provides that the Parliament has exclusive
powers to make laws with respect to matters itemized in the 'Union List' (List 1
of the Seventh Schedule of the Constitution).
 It provides further that both the Parliament and the Legislature of any State
have powers to make laws with respect to matters enumerated in the
'Concurrent List' (List III of the Seventh Schedule of the Constitution).
 With respect to the States, it provides that the Legislature of any State has
exclusive power to make laws with respect to matters listed in the 'State List'
(List II of the Seventh Schedule).
 This Article delivers clear division of law making powers (division of powers)
as well as room for intersection between the Centre and the State.
 Judicial review helps demarcate the legislative competencies and ensures that
Centre does not exert its supremacy over the state matters and likewise states
do not encroach upon matters within the ambit of the Centre.

Question 18, Page 24

Give few examples to show that judicial review ensures fairness in executive actions.

 There is a Latin phrase audialterampartem, which literally means 'listen to the

other side'.
 This phrase is an established principle in the Indian law practice and was
applied by the Supreme Court in several cases including the landmark decision
of Maneka Gandhi v. Union of India.
 Her passport was confiscated by the governmental authorities without giving
her any chance of prior hearing.
 Invoking its judicial review powers in administrative matters, the Supreme
Court held that in the matter of confiscation of passport a hearing should have
been given to the petitioner in the interest of the principles of natural justice.
 Consequently, a hearing was given and the passport was returned to her.
 This is an example where the court adopted the principle of post decision-
hearing, in situations of urgency where prior hearing is not feasible, and
recognized that a chance of hearing cannot be debarred completely.
 To deal with the questions of secrecy and related inefficiency and corruption in
the administration, courts have adopted the judicial method of requiring
disclosure of reasons in support of any order or decision delivered by the
administration.
 This requirement holds good even when a statue or legislation does not provide
for this requirement. Courts have emphasized that the right to provide reasons
is an inherent part for justice delivery.
 Furthermore, judicial method of disclosure requirements deters the practice of
arbitrary action by the officials and offers legal safeguard to the victims.
 Also, by notifying the aggrieved about the reasons, such disclosure satisfies the
requirements of the principles of natural justice. The courts have often used
the principle of reasonableness in most cases that involve state action.
 The realm of contract law offers an example. Whenever states are parties to
any contract, the courts attempt to distinguish such contracts with that of
contracts entered between private individuals or parties.
  In that, private contracts concern personal interest; state contracts concern
public good and public interest and is expected to act reasonably and not with
freedom of discretion.
 Another principle frequently utilized by courts in administrative law,
especially in service matters, is the principle of proportionality.
 Essentially, judicial review offers safeguards to the aggrieved against any
sentence or punishment that is disproportionate and burdensome.
 For example, Supreme Court, in a case, has held that the quantum of penalty
or punishment sentenced by a court martial on any army persons should not
be disproportionate to the offence.

Question 19, Page 24

What is doctrine of basic structure of the Constitution?

 The Supreme Court has extended the practice of judicial review to the matters
concerning the constitutional amendments by developing the doctrine of the
basic structure of the Constitution.
 Article 368 confers power to the Parliament to amend the Constitution: "...by
way of addition, variation or repeal any provision of this Constitution..."
 This Article in its wordings does not provide any limitation on the power of the
Parliament to amend the Constitution.
 And as discussed earlier, Article 13(2) states that "the State shall not make any
law which takes away or abridges the rights conferred by this Part (Part III -
Fundamental Rights)."
 Article 13(2) limits Parliament's amending authority in matters of
fundamental rights. In order to overcome this restriction, in 1971, the
Parliament adopted the 24th Amendment to the Constitution altering Articles
13 and 368 in a way that allowed itself with unlimited powers of amendments
including authority to amend the fundamental rights provisions.
 The landmark 1973 Supreme Court case of Keshavanda Bharathi v. State of
Kerela discussed the question about the unlimited constitutional amendment
powers of the Parliament and established the doctrine of the basic structure or
feature of the constitution.
 This doctrine invalidates any constitutional amendments that destroys or
harms a basic or essential feature of the Constitution, like secularism,
democracy and federalism.
 Supreme Court has also held judicial review to be the basic structure or
feature of the Constitution; as a result, it can nullify any constitutional
amendment that abolishes or disregards judicial review in issues concerning to
fundamental rights of citizens.

(i), Page 25
Write a long essay based on your understanding of the following concept and issues:
Appointment of judges
Final answer
Appointment of Judges Constitutional Mandate:
  The method of appointment of judges at the Supreme Court, High Court and
District Courts has been enshrined in the Constitution of India. According to
Article 124 of the Constitution, 'every judge of the Supreme Court shall be
appointed by the President after consultation with such of the Judges of the
Supreme Court and of the High Courts in the States, as the President may
deem necessary'.
 The Article also provides that in case of appointment of a judge other than the
Chief Justice of India, the Chief Justice must be consulted.
 The Article further provides for the qualifications required to become a judge
at the Supreme Court. These qualifications include: or Citizenship of India,
and Has been for atleast five years a Judge of a High Court or of two or more
High Courts in succession; or of Has been for at least ten years an advocate of
a High Court or of two or more such courts in succession; or s Is a
distinguished jurist in the opinion of the President
 Similarly, the procedure for appointment of judges at the High Court has been
enshrined in Article 217 of the Constitution. This Article prescribes that every
Judge of the High Court shall be appointed by the President after consultation
with the Chief Justice of India, the Governor of the State; and in the case of
appointment of a Judge other than the Chief Justice, the Chief Justice of the
High Court concerned.
 The qualifications of a High Court judge includes: Citizenship of India, and s
Has for at least ten years held a judicial office in India; or of Has for at least
ten years been an advocate in a High Court or of two or more such Courts in
succession.
 For the district and sub-ordinate Courts or the lower judiciary in India, the
procedure for appointment is mentioned in Article 233 of the Constitution.
 Appointment of district judges in any State shall be made by the Governor of
the State in consultation with the High Court exercising jurisdiction in relation
to such State.
 The s Member of judicial service of the State; or of Any person who has had a
minimum of seven years of practice as a lawyer at bar. qualifications for
appointment as District Judge include: Member of judicial service of the State;
or of Any person who has had a minimum of seven years of practice as a
lawyer at bar.

Current Practice in the Appointment of Judges

 Despite a clear Constitutional mandate, the appointment of Judges in practice

remains a complex process.
 There has been an extensive debate over the appointment procedure of judges
which has seen alterations in actual practice.
 At present, the appointment at the Supreme Court and the High Court follows
a collegium model, which is a judicial creation through case-laws, even though
not constitutionally mandated. Under the collegium model for appointment of
 judges of the Supreme Court, the Chief Justice of India consults four senior
most judges of the Supreme Court.
 The Chief Justice of India sends his recommendations to the Union Minister of
Law and Justice, who then puts up the same to the Prime Minister. The Prime
Minister will then advise the President.
 For High Courts, the collegium comprises of the Chief Justice of the High
Court and two senior most judges of the High Court. The Chief Justice conveys
his recommendations to the Chief Minister of the State and the Governor of the
State, who in turn send their views directly to the Union Minster of Law and
Justice.
 The complete material is then forwarded to the Chief Justice of India, who in
consultation with a collegium of two Judges of the Supreme Court, would send
his recommendations to the Union Minister of Law and Justice.
 The Union Minister of Law and Justice then puts up the same to the Prime
Minister who will advise the President in the matter of appointment. The
seniority of a Judge plays a vital role in his/her elevation or appointment as
Chief Justice.
 For initial appointment as a Judge in a High Court for those from the lower
judiciary inter-se seniority does matter; and for elevation of advocates from the
bar, relative merit matters.
 The collegium model, considers the relative merits of those Judges/advocates in
the zone of consideration for elevation with reference to their judgements and
cases.

(ii), Page 25
Write a long essay based on your understanding of the following concept and issues:
Independence of judiciary

 Article 50 of the Indian Constitution lays the rule of independence of judiciary.

 This is understood as judiciary's autonomous status, separate from the executive or
legislative wings of the government.
 Independence of judiciary helps in the maintenance of rule of law, ensuring good
governance and creating a free and fair society.
 The independent status of the judiciary and roles to be performed by it; can be
understood as two sides of the same coin. In this context, one must understand the
reasons for granting a special status to the judiciary:
 First, Judiciary's independence is linked to its role as the watch-dog in a democracy.
 It monitors and maintains the checks and balances over the other arms of the
government.
 Thus judiciary emerges as a mediator when any organ of the government exercises
'excess power' which tends to violate the larger societal or individual interest.
 For instance, the Indian Police has extensive powers for crime detection and
gathering evidence for prosecution of criminals. It is common for the police to
interrogate suspect criminals in-order to gather the best evidence of the crime.
 However such powers should not impinge upon the rights of the accused or the
suspected criminal. An accused cannot be coerced into giving statement pointing to
his/her guilt.
 This right has been constitutionally guaranteed to the accused under Article 20(3) of
the Constitution, "No person accused of any offence shall be compelled to be a
witness against himself".
 Judiciary steps in when such delicate interests are at loggerheads.
 Similarly, when there is a thin line of difference as in case of a police exercising
their power to gather witness, in the exercise of the 'legitimate' and 'excess' right of a
state organ, the role of judiciary becomes vital.
 Second, in-order to ensure that constitutionally guaranteed freedoms such as
freedom to speak in public or peacefully assemble, are interpreted as per the true
constitutional philosophy, judiciary has been kept free from any external pressures.
 This is particularly useful when judiciary is interpreting a case of conflict between
say between the government (political party in power) and certain protesting people
of the civil society who have peacefully articulate their opinions on social issues for
example, crime against women.
 Third, Judiciary acts as a guardian of fundamental rights which are constitutionally
granted to every citizen in India. Independence of judiciary was carved out during
the formation of Indian Constitution as India was transitioning from a feudal to a
democratic order.
 It was done to fully translate the well-knit provisions of extensive rights guaranteed
under the Constitution into the lives of average citizens. Our Constitution grants us
unique rights such as:

a. Civil and political rights-e.g. the right to life; right to freedom of

discrimination based on religion, race, caste, sex or place of birth.
b. Economic, social and cultural rights- e.g. freedom to practice any
religion; protection of interests of minorities.

 An independent and impartial Judiciary has empowered Indian citizens and

performed this role. Illustratively, one may look into the role of Court in giving
an expanded meaning to Article 21 of the Indian Constitution which talks about a
general right to life and personal liberty.
 For example, within this freedom, the Supreme Court has held that a street vendor
has a right to operate on streets as selling products on street is linked to his
livelihood and daily living which is protected under Article 21.
 Similarly, the Supreme Court has also stated that those who are aged, disabled and
destitute in India including men and women have a right to food, which ost essential
for their survival.
 State has a corresponding duty to provide them with food. This right has been read
into the general right under Article 21. Therefore, the Court is performing the role
which it was granted at the time of the draft in Indian constitution.
  Even though the drafters did not include specific rights such as livelihood and food,
within the constitutional ambit of enforceable fundamental rights, they are now
made available to the citizens of India as matters of rights.
 This has been possible only by the interpretation and rule making function of the
courts in India. In the domain of criminal law as well, independence of judiciary is
linked to the granting of a fair trial to the accused.
 This becomes extremely important even when the accused are foreign nationals or
persons who have committed crimes against the state, e.g. terrorists. Independence
of judiciary is vital for the respect of due-process of law.
 Due process of law means that the State must respect all the legal rights that are
owed to a person and confirm to the norms of fairness, liberty, fundamental rights
etc.
 Only an independent judiciary can make this concept operational. History has
evidenced that whenever the independence of judiciary has been disturbed, it has
directly impacted upon the due proces

Final answer
These lessons teach us that even in grave political circumstances, the rights of
citizens should not be compromised and this could only be possible through an
independent and impartial judiciary. Therefore independence of judiciary remains a
vital and core principle even in the modern democracy.
(iii), Page 25
Write a long essay based on your understanding of the following concept and issues:
The role of independence of judiciary in Indian democracy.

 First, Judiciary's independence is linked to its role as the watch-dog in a democracy.

 It monitors and maintains the checks and balances over the other arms of the
government.
 Thus judiciary emerges as a mediator when any organ of the government exercises
'excess power' which tends to violate the larger societal or individual interest.
 For instance, the Indian Police has extensive powers for crime detection and
gathering evidence for prosecution of criminals. It is common for the police to
interrogate suspect criminals in-order to gather the best evidence of the crime.
 However such powers should not impinge upon the rights of the accused or the
suspected criminal. An accused cannot be coerced into giving statement pointing to
his/her guilt.
 This right has been constitutionally guaranteed to the accused under Article 20(3) of
the Constitution, "No person accused of any offence shall be compelled to be a
witness against himself".
 Judiciary steps in when such delicate interests are at loggerheads.
 Similarly, when there is a thin line of difference as in case of a police exercising
their power to gather witness, in the exercise of the 'legitimate' and 'excess' right of a
state organ, the role of judiciary becomes vital.
 Second, in-order to ensure that constitutionally guaranteed freedoms such as
freedom to speak in public or peacefully assemble, are interpreted as per the true
constitutional philosophy, judiciary has been kept free from any external pressures.
 This is particularly useful when judiciary is interpreting a case of conflict between
say between the government (political party in power) and certain protesting people
of the civil society who have peacefully articulate their opinions on social issues for
example, crime against women.
 Third, Judiciary acts as a guardian of fundamental rights which are constitutionally
granted to every citizen in India. Independence of judiciary was carved out during
the formation of Indian Constitution as India was transitioning from a feudal to a
democratic order.
 It was done to fully translate the well-knit provisions of extensive rights guaranteed
under the Constitution into the lives of average citizens. Our Constitution grants us
unique rights such as:

1. Civil and political rights-e.g. the right to life; right to freedom of

discrimination based on religion, race, caste, sex or place of birth.
2. Economic, social and cultural rights- e.g. freedom to practice any
religion; protection of interests of minorities.

 An independent and impartial Judiciary has empowered Indian citizens and

performed this role. Illustratively, one may look into the role of Court in giving
an expanded meaning to Article 21 of the Indian Constitution which talks about a
general right to life and personal liberty.
 For example, within this freedom, the Supreme Court has held that a street vendor
has a right to operate on streets as selling products on street is linked to his
livelihood and daily living which is protected under Article 21.
 Similarly, the Supreme Court has also stated that those who are aged, disabled and
destitute in India including men and women have a right to food, which ost essential
for their survival.
 State has a corresponding duty to provide them with food. This right has been read
into the general right under Article 21. Therefore, the Court is performing the role
which it was granted at the time of the draft in Indian constitution.
 Even though the drafters did not include specific rights such as livelihood and food,
within the constitutional ambit of enforceable fundamental rights, they are now
made available to the citizens of India as matters of rights.
 This has been possible only by the interpretation and rule making function of the
courts in India. In the domain of criminal law as well, independence of judiciary is
linked to the granting of a fair trial to the accused.
 This becomes extremely important even when the accused are foreign nationals or
persons who have committed crimes against the state, e.g. terrorists. Independence
of judiciary is vital for the respect of due-process of law.
 Due process of law means that the State must respect all the legal rights that are
owed to a person and confirm to the norms of fairness, liberty, fundamental rights
etc.
  Only an independent judiciary can make this concept operational. History has
evidenced that whenever the independence of judiciary has been disturbed, it has
directly impacted upon the due proces

Final answer
These lessons teach us that even in grave political circumstances, the rights of
citizens should not be compromised and this could only be possible through an
independent and impartial judiciary. Therefore independence of judiciary remains a
vital and core principle even in the modern democracy.
(iv), Page 25
Write a long essay based on your understanding of the following concept and issues:
Impartiality of judges and procedure to safeguard and remove them from their office.
Draw possible linkages amongst the concepts discussed above.
Explanation
First, Judiciary's independence is linked to its role as the watch-dog in a democracy. It
monitors and maintains the checks and balances over the other arms of the government.
Thus judiciary emerges as a mediator when any organ of the government exercises 'excess
power' which tends to violate the larger societal or individual interest. For instance, the
Indian Police has extensive powers for crime detection and gathering evidence for
prosecution of criminals. It is common for the police to interrogate suspect criminals in-
order to gather the best evidence of the crime. However such powers should not impinge
upon the rights of the accused or the suspected criminal. An accused cannot be coerced
into giving statement pointing to his/her guilt. This right has been constitutionally
guaranteed to the accused under Article 20(3) of the Constitution, which states: "1o person
accused of any offence shall be compelled to be a witness against himself". Judiciary steps
in when such delicate interests are at loggerheads.
Similarly, when there is a thin line of difference as in case of a police exercising their
power to gather witness, in the exercise of the 'legitimate' and 'excess' right of a state
organ, the role of judiciary becomes vital. Second, in-order to ensure that constitutionally
guaranteed freedoms such as freedom to speak in public or peacefully assemble, are
interpreted as per the true constitutional philosophy, judiciary has been kept free from any
external pressures. This is particularly useful when judiciary is interpreting a case of
conflict between say between the government (political party in power) and certain
protesting people of the civil society who have peacefully articulate their opinions on
social issues for example, crime against women.
Third, Judiciary acts as a guardian of fundamental rights which are constitutionally
granted to every citizen in India. Independence of judiciary was carved out during the
formation of Indian Constitution as India was transitioning from a feudal to a democratic
order. It was done to fully translate the well-knit provisions of extensive rights guaranteed
under the Constitution into the lives of average citizens. Our Constitution grants us unique
rights such as:

 Civil and political rights- e.g. the right to life; right to freedom of discrimination 2
based on religion, race, caste, sex or place of birth.
  Economic, social and cultural rights- e.g. freedom to practice any religion; 2
protection of interests of minorities.

An independent and impartial Judiciary has empowered Indian citizens and performed this
role. Illustratively, one may look into the role of Court in giving an 7 expanded meaningto
Article 21 of the Indian Constitution which talks about a general right to life and personal
liberty. For example, within this freedom, the Supreme Court has held that a street vendor
has a right to operate on streets as selling products on street is linked to his livelihood and
daily living which is protected under Article 21. Similarly, the Supreme Court has also
stated that those who are aged, disabled and destitute in India including men and women
have a right to food, which is most essential for their survival. State has a corresponding
duty to provide them with food. This right has been read into the general right under
Article 21. Therefore, the Court is performing the role which it was granted at the time of
the drafting of Indian constitution. Even though the drafters did not include specific rights
such as livelihood and food, within the constitutional ambit of enforceable fundamental
rights, they are now made available to the citizens of India as matters of rights. This has
been possible only by the interpretation and rule making function of the courts in India.
Final Answer

 In the domain of criminal law as well, independence of judiciary is linked to the

granting of a fair trial to the accused. This becomes extremely important even when
the accused are foreign nationals or persons who have committed crimes against the
state, e.g. terrorists.
 Independence of judiciary is vital for the respect of due-process of law. Due process
of law means that the State must respect all the legal rights that are owed to a person
and confirm to the norms of fairness, liberty, fundamental rights etc. Only an
independent judiciary can make this concept operational. History has evidenced that
whenever the independence of judiciary has been disturbed, it has directly impacted
upon the due process of governance and rights granted to average citizens.
 These lessons teach us that even in grave political circumstances, the rights of
citizens should not be compromised and this could only be possible through an
independent and impartial judiciary. Therefore independence of judiciary remains a
vital and core principle even in the modern democracy.

Question 1, Page 25
Activity based learning provides opportunities to students with direct observation and
learning about some aspect of the practice of law. In this activity, students are required, in
groups or individually, to visit any of the places given below to observe the practice of
law. Students could watch how transactions are conducted and understand the key players.
For example, a court room will have a judge, lawyers, parties, witnesses, advocate clerks,
police men, and other court officers and staff. Understand the role of each person. After
this visit, each student is required to write one page essay on any one or more aspects of
the law practice that they have observed and/or just a summary of the visit. Students are
then required to share and discuss what they have written with the entire class.

1. Court
2. Lawyer's chamber/office
3. Law office in corporation/company
4. Non-Governmental Organization (any NGO that is involved with some law related
work, for e.g., advocacy on human rights)
5. Tribunal
6. Prison
7. Police Station
8. Commission on Women / Children / Human Rights / Minorities / Scheduled Caste /
Scheduled Tribe
9. Any administrative office involved with quasi legal work
10. Parliament or legislative assemblies

Answer

In this activity, students are required, in groups or individually, to visit any of the places
given below to observe the practice of law. Students could watch how transactions are
conducted and understand the key players. For example, a court room will have a judge,
lawyers, parties, witnesses, advocate clerks, police men, and other court officers and staff.
Understand the role of each person. After this visit, each student is required to write one
page essay on any one or more aspects of the law practice that they have observed and/or
just a summary of the visit. Students are then required to share and discuss what they have
written with the entire class.
Explanation
Court

 To Give Justice to the people

 Interpretation and Application of Laws
 Role in Law-making
 Equity Legislation
 Protection of Rights

 Guardian of the Constitution

 Power to get its Decisions and Judgements enforced
 In case any person is held

Lawyer's chamber/office These rules shall be called Lawyers' Chambers Rule. The
Allotment of chambers is to be made by a committee set up by the chief justice of India
and all such allotments shall be subject to the approval of the chief justice of India
Law office in corporation/company Drafting legal documents as required by
the company, based on situations and clients. Negotiating settlement terms with
individuals of interest. Handling legal disputes with other corporations and/or individuals.
Non-Governmental Organization (any NGO that is involved with some law related
work, for e.g., advocacy on human rights) NGOs take up and execute projects to
promote welfare of the community they work with. They work to address various
concerns and issues prevailing within the society. NGOs are not-for-profit bodies which
means they do not have any commercial interest. Tribunal Tribunals are specialist
judicial bodies which decide disputes in a particular area of law.
Most tribunal jurisdictions are part of a structure created by the Courts and Enforcement
Act 2007. Prison Prisons have four major purposes. These purposes are retribution,
incapacitation, deterrence and rehabilitation. Retribution means punishment for crimes
against society. Depriving criminals of their freedom is a way of making them pay a debt
to society for their crimes. Police Station

 POL-APP.
 Pol-Blood.
 Sabarimala Pilgrim management System.
 Internal administrative processing system.
 Cyber Dome.
 Digital Telecommunication Systems.
 Emergency Response Support System
 Crime and Criminal Tracking Network & Systems (CCTNS)

Commission on Women / Children / Human Rights / Minorities / Scheduled Caste /

Scheduled Tribe To investigate and monitor all matters relating to the safeguards
provided for the Scheduled Castes under this Constitution or under any other law for the
time being in force or under any order of the Government and to evaluate the working of
such safeguards. Proactively or reactively inquire into violations of human rights by
government of India or negligence of such violation by a public servant. the protection
of human rights and recommend measures for their effective implementation. Any
administrative office involved with quasi legal work There are certain powers to
perform acts which are administrative in nature but incidentally require
some judicial control. On the basis of the definition of quasi judicial action, the
following functions of the administrative have been held to be quasi-judicial functions:
Parliament or legislative assemblies Powers. The most important function of the
legislature is law making. The state legislature has the power to make laws on all items on
which Parliament cannot legislate. ... Elected members of the Legislative Assembly along
with the elected members of Parliament are involved in this process
These are some of the key functions and the purpose of various office and organization to
our nations.
Final Answer
Modelled after the Westminster system for governing the state, the Union government is
mainly composed of the executive, the legislature, and the judiciary, in which all powers
are vested by the constitution in the prime minister, parliament and the supreme court.
The president of India is the head of state and the commander-in-chief of the Indian
Armed Forces whilst the elected prime minister acts as the head of the executive, and is
responsible for running the Union government. The parliament is bicameral in nature, with
the Lok Sabha being the lower house, and the Rajya Sabha the upper house. The judiciary
systematically contains an apex supreme court, 24 high courts, and several district courts,
all inferior to the supreme court.
The basic civil and criminal laws governing the citizens of India are set down in major
parliamentary legislation, such as the civil procedure code, the penal code, and
the criminal procedure code. Similar to the Union government, individual State
governments each consist of executive, legislative and judiciary. The legal system as
applicable to the Union and individual State governments is based on the English
Common and Statutory Law. The full name of the country is the Republic of India. India
and Bharat are equally official short names for the Republic of India in the
Constitution,and both names appears on legal banknotes, in treaties and in legal cases. The
terms "Union government", "Central government" and "Bhārat Sarkār" are often used
officially and unofficially to refer to the Government of India.[citation needed] The
term New Delhi is commonly used as a metonym for the Union government,[citation
needed] as the seat of the government is in New Delhi.