Political Science · Class 11 Arts
Ch 6Judiciary — Class 11 Political Science, concept-first.
Courts are usually pictured as places that settle disputes between individuals — a landlord against a tenant, one company against another. But the judiciary in India does far more than that: it is one of the three organs of government, standing alongside the legislature and the executive, and it performs genuinely poli…
Key concepts
Hover a concept to preview it and jump to its most relevant Q&A.
Independence of Judiciary
Independence of the judiciary means three things at once: the executive and legislature must not restrict how the judiciary functions, they must not interfere with its decisions once made, and judges must be free to rule…
Most relevant Q&A
- 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…Free
- Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.Free
- What are the different provisions in the constitution in order to maintain the independence of judiciary?Free
- Hold a debate: which factors constrain judges in giving rulings (Constitution, Precedents, Opinion of other courts, Public opinion, Media, T…Free
Chapter contents
The NCERT structure, section by section. Open a section to see its questions, then read the concept-first solution.
Introduction
Courts are usually pictured as places that settle disputes between individuals — a landlord against a tenant, one company against another.
Why do we Need an Independent Judiciary?
In any society, disputes are bound to arise — between individuals, between groups, and between individuals or groups on one side and the government on the other.
Independence of Judiciary
Independence of the judiciary, stated simply, has three components. First, the other organs of government — the executive and the legislature — must not restrain the functioning of the judiciary in a…
Appointment of Judges
The appointment of judges has never been free of political controversy, because it is, in a real sense, part of the political process: who sits on the Supreme Court or a High Court makes a genuine dif…
Removal of Judges
Removing a judge of the Supreme Court or a High Court is, by constitutional design, extremely difficult.
Structure of the Judiciary
The Constitution of India sets up a single integrated judicial system. Unlike some other federal countries, where each state runs its own separate court system alongside a federal one, India has no se…
Jurisdiction of Supreme Court
The Supreme Court of India is one of the most powerful courts anywhere in the world, but its power is not unlimited — it functions strictly within the boundaries the Constitution has drawn for it.
Original Jurisdiction
Original jurisdiction refers to cases that the Supreme Court can consider directly — without the case first passing through any lower court.
Writ Jurisdiction
As you have already seen in the chapter on Fundamental Rights, any individual whose fundamental right has been violated can move the Supreme Court directly for a remedy, without first exhausting every…
Appellate Jurisdiction
The Supreme Court is the highest court of appeal in the country, and a person dissatisfied with a High Court's decision can, in principle, appeal to it.
Advisory Jurisdiction
Beyond Original and Appellate jurisdiction, the Supreme Court also holds Advisory Jurisdiction. This allows the President of India to refer any matter to the Supreme Court for its opinion, provided th…
Judicial Activism
Two terms dominate any discussion of the Indian judiciary today: judicial activism and Public Interest Litigation, or PIL (also called Social Action Litigation, SAL).
Judiciary and Rights
The judiciary is entrusted with protecting the rights of individuals, and the Constitution gives the Supreme Court two distinct ways of doing this.
Judiciary and Parliament
Beyond the question of rights, the judiciary has also actively worked to prevent the Constitution from being subverted through ordinary political practice, and in doing so has drawn areas once thought…
Conclusion
This chapter has traced the judiciary's role within India's democratic structure — and, despite recurring tensions with the executive and the legislature, the judiciary's own prestige has grown consid…
Exercises
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- Q1What are the different ways in which the independence of the judiciary is ensured? Choose the odd ones out. i. Chief Justice of the Supreme…Free
- Q2Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.Free
- Q3What are the different provisions in the constitution in order to maintain the independence of judiciary?Free
- Q4Read the news report below (Supreme Court orders REL to pay Rs 300 crore to Dahanu farmers, pollution case) and identify: What is the case a…Preview
- Q5Read the news report (Centre, Delhi join hands on CNG issue, Sept 2001) and identify the governments at different levels, the role of Suprem…Preview
- Q6The following is a statement about Ecuador's judicial precedent system. What similarities/differences do you find with India's judicial syst…Preview
- Q7Match the following jurisdictions (Original/Appellate/Advisory) to: PoK citizenship-law advisory question; Tamil Nadu-Cauvery dispute; rejec…Preview
- Q8In what way can public interest litigation help the poor?Preview
- Q9Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?Preview
- Q10How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?Preview
More questions
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- Q1Why is independence of the judiciary important? Should executive have power to appoint judges? What changes would you suggest to the appoint…Free
- Q2Match: dispute between State of Bihar and Union of India / appeal from Haryana District court / Single Integrated Judiciary / declaring a la…Preview
- Q3When does the Court use review powers? What is the difference between judicial review and writ?Preview