NCERT Solutions for Class 11 Political Science Chapter 6 Judiciary

Detailed, Step-by-Step NCERT Solutions for 11 Political Science Chapter 6 Judiciary Questions and Answers were solved by Expert Teachers as per NCERT (CBSE) Book guidelines covering each topic in chapter to ensure complete preparation.

Judiciary NCERT Solutions for Class 11 Political Science Chapter 6

Judiciary Questions and Answers Class 11 Political Science Chapter 6

Question 1.
What are the different ways in which the independence of the Judiciary is ensured? Choose the odd ones out.
I. Chief Justice of the Supreme Court is consulted in the appointment of other Judges of Supreme Court.
II. The judges an generally not removed before the age of retirement.
III. Judge of a High Court cannot be transferred in another High Court.
IV. Parliament has no say in the appointment of Judges.
From the above the odd One out is answer II which says that Judges are generally not removed before the age of retirement.
Answer:
II. The judges an generally not removed before the age of retirement.

NCERT Solutions for Class 11 Political Science Chapter 6 Judiciary

Question 2.
Does independence of the Judiciary mean that the Judiciary is not accountable to any one? Write your answer is not more than 100 words.
Answer:
Independence of Judiciary does not mean that it is unaccountable. In fact like other organs of the Government it is also the product of the Constitution hence, it is also required as per the scheme of the Constitution and objective of the Constitution. Independence of Judiciary means that it will be allowed to work without undue interference of executive and legislature.

Judiciary will ensure the working of democracy and it is for this objective Judiciary is accountable. It is fact the conduct of judges cannot be discouraged in legislative but the judges can be impeached by the Parliament for their working in an unbecoming manner. So we cannot say that Judiciary is not accountable to any one.

Question 3.
What are the different provisions in the Constitution in order to maintain the independence of Judiciary.
Answer:
Followings are the main provisions in the constitution to maintain the independence of Judicary.
1. The Legislature is not involved in the matter of appointment of Judges.
2. Definite qualifications and experiences have been set for the appointment of Judges.
3. Judges have long and fixed tenure and the process of their removal is very lenthy and difficult.
4. The Judiciary is not financially dependent on the executive of Legsilature.
5. The actions and decisons of the Judges are immunce from personal criticism.
6. Judiciary has the power to punish those who are found committing contempt of courts.
7. The decisions of the courts are binding.

NCERT Solutions for Class 11 Political Science Chapter 6 Judiciary

Question 4.
Read the news report below and identify the following aspects.
1. What is the case about?
2. Who has been the beneficiary in the case?
3. Who is the petitioner in the case?
4. Visalise what would have been the different arguments put forward by the company.
5. What arguments would the farmers have put forward?
Supreme Court orders REL to pay Rs. 300 crore to Dahanu farmers. Mumbai:- The Supreme Court has ordered Reliance Energy to pay Rs.300 crore to farmers who grow the chikoo fruit in the Dahanu area outside Muftibai.The order comes after the chikoo growers petitioned the court against the pollution caused by Reliance’s thermal power plant Dahanu, which is 150 km from Mumbai, was a self sustaining agricultural and horticultural economy known for its fisheries and forests just over a decade ago, but was devastated in 1989 when a thermal power plant came into operation in the region. The next year, this fertile belt saw its first crop failure.

Now 70 percent of the crop of what was once the fruit -a bowl of Maharashtra is gone. The fisheries have shut and the forest corner has thinned. Farmers and environmentalists say that fly ash from the power plant entered ground water and polluted the entire eco system. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions and in spite of Supreme Court order backing the order the pollution control plant was not set up even by 2002.

In 2003 Reliance acquired the thermal station and resubmitted a schedule for installation process in 2004. As the pollution control plant is still not set up, the Dahanu Taluka Environmental protection Authority asked Reliance for a bank guarantee of Rs. 300 crores.
Answer:
1. The case is about the compensation to Chikoo growing farmers of Dahanu areas in leiu of lost suffered by them due to loss of crop of chikoo fruits due to harmful emission of thermal power plant set up in that area.

2. The chikoo growing farmers of Dahanu area were the beneficiery of the decision of Supreme Court in this case.

3. Chikoo growing farmers of the Dahanupur area are the petitioner in this case.

4. The Reliance Company would have arguing in the court for setting up a pollution control plant to check the harmful emission.

5. The farmers would have argued that the economy as well as eco-system is shattered due to harmful emission of the thermal power plant.

NCERT Solutions for Class 11 Political Science Chapter 6 Judiciary

Question 5.
Read the following news report and,
1. Identify the Governments at different levels
2. Identify the’ role of Supreme Court
3. What elements of the working of Judiciary and executive can you identify in it?
4. Identify the policy issues, matters related to Legislation, implementation and interpretalion of the law involved in this. case.
Centre; Delhi join hands on CNG issue New Delhi Sept. 22. The Centre and Delhi Government today agreed to jointly approach the Supreme Court this coming week for phasing out of all non-CNG commerical vehicles us the capital. They also decided to seek a dual fuel policy for the city instead of putting the entire transportation system on the single-fuel mode which was full of dangers and would result in disaster.”

It was also decided to discourage the use of CNG by private vehicle owners in the capital. Body governments would press for allowing the use of 0.05 percent low sulphur diesel for running of buses in the Capital. In addition, it would be pleaded before the court that all commerical vehicles which fulfil the Euro-II standards, should be allowed to ply in the city! Through both the Centre and State would file separate affidavits, these would contain common points. The centre would also go out and support the Delhi Government’s stand on the issues concerning CNG.
Answer:
1. The Governments which are involved in this case are central Government and Delhi Government.

2. The Supreme Court wilfkave^jole in deciding the case on the bases of norms of pollution control in Delhi due to Transportation system.

3. Executive will decide the policy on hire issue and judiciary will see and judge the extent of violation of norms of anti-potiutioB policy.

4. The policy issue is use of CNG and to allow the plying of various categories of the vehicles in Delhi. Government will have to present its policy and related law on this issue. In the matter of interpretation of policy and law of the Government, anti pollution security will be at the stake which is to be kept in the mind by the court while deciding on the affidavits of policy of central and Delhi Government on this issue.

NCERT Solutions for Class 11 Political Science Chapter 6 Judiciary

Question 6.
Give an imaginary situation and state the role of Chief Justice. Also mention the different factors like experience, age, political learning and a possible difference of opinion between Government and Chief Justice.
Answer:
The judges are appointed by the President of India (which means state) to court and different High Courts with the consultation of Chief Justice of India. Although definite qualifications and experience are given in the constitution for tHe appointment of judges, yet while selecting a person to the appointed a judge some other conditions can also influence the process and decisions of the Government. Chief Justice is consulted but his opinions is not final. The philosophy and working of judges also matters.

Question 7.
The following is a statement about Ecuador. What similarities do you find between this example and the judicial system of India? “It would be helpful if a body of common law, or judicial precedent,existed that could clarify a journalist’s rights. Unfortunately Ecuador’s court do not work that way. Judges are not forced to respect the rulings of Higher Courts in previous cases unlike the US an appellate judge in Ecuador (or elsewhere in South America, for that matter) need not provide a written decision explaining the Legal basis of a ruling. A judge many rule one way today and the opposite way in a similar case, tomorrow, without explaining why”
Answer:
In Indian judicial system the previous decisions and precedents on a particular issue have a forceful binding on the decision of the judges. This is dissimilarly with the example given here because in Ecuador’s court the judges are not forced to respect the ruling of Higher Courts in previous court. He does not need written explanation of the basis of his decisions. The similarly is that In India also the judge can change their decision in new situations.

Question 8.
Read the following statements : Match then with the different Jurisdiction the Supreme Court can exercise-Original, Appellate and Advisory.

1. The Government wanted to know, if it can pass a law about the citizenship status of residents of Pakistan-occupied areas of Jammu and Kashmir.
Answer:
Advisory Jurisdiction.

2. Inorder to resolve the dispute about river Cauvery the Government of Tamil Nadu wants to approach the court
Answer:
Original jurisdiction

3. Court rejected the appeal by people against the eviction from the dam site.
Answer:
Appellate jurisdiction.

Question 9.
In what way can public interest litigation help the poor?
Answer:
PIL (Public Interest Litigation) is a revolitionary development in the dispensation of justice. It means that the case of such person who are unable to raise themselves can be raised by from other person or some other institution Through. PIL the judiciary has shown readiness to take into consideration rights of those poor section of the society who cannot easily approach the courts.

For this purpose judiciary has allowed Public spritual citizens and social organisations to file the petition’s on their behalf. This has helped the poor in a great way. Justice P.N. Bhagawti played pioneer role in Bandhua Mukti Morcha V/s Union of India are 1984. This concept has helped in the liberation of many Bandhua Majdoors.

NCERT Solutions for Class 11 Political Science Chapter 6 Judiciary

Question 10.
Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?
Answer:
Indian Judiciary is given the power of judicial review which empowerd judiciary to test the constitutional validity of the orders issued by the executive and the laws passed by the Legislature. In India judicial review is based on the principle of procedure established by Law which does not allow Judiciary to comment on policy matters and justness or unjustness of any order or Law.

It can comment only on the procedural aspect. It has to see that a law or order is as per provisions (meaning of the written word) of the Constitution. But in India judiciary is going beyond this allowed jurisdiction that is why it is regarded as judicial activision which is not being accepted or appreciated by the executive or legislatures. However people at large are appreciating this kind of judicial activism became Judiciary is exposing executive and checking their arbitrariness.

It is became of this there is certainly conflict between the judiciary and executive. Large number of policy matters of the executives have been struck down by the executive and many corrept policies and scandals of the bureucrats and politicians have been exposed by the judiciary.

Question 11.
How is Judicial activism related to protection of Fundamental Rights?Has it helped in expanding the scope of Fundamental Rights?
Answer:
By way of exercising the power of Judicial Review, judiciary has certainly helped in protecting the Fundamental Rights of the citizens in more effective way. Judiciary in India is working as effectively as the Supreme Court of USA. However like USA, due process of Law does not prevail in India.

Indian Judiciary in deciding on policies and programmes in different areas. It is protecting the Fundamental Rights of laboureres, farmers prisioners, women, minorities and weaker sections of the society. Judicial activism, although it may not be liked by the executive, but it has helped in making Indian successful and meaningful for the citizens of India. Judiciary is deciding the norms on different issues like wages and working conditions of the labourers, pollution, living conditions of the prisioners in jails etc. Judicial activism is certainly helpful in realisation of Fundamental Rights.

NCERT Solutions for Class 11 Political Science Chapter 6 Judiciary

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