Independent Judiciary Quiz

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Questions and Answers

What is the primary role of an independent judiciary?

To provide legal counsel to government officials.

To ensure the supremacy of law and protect individual rights. (correct)

To enforce laws as determined by the executive branch.

To represent political parties in legal matters.

Which of the following best describes the concept of 'independence of judiciary'?

Judges should be free from political pressures and external influence. (correct)

Judges must follow public opinion in their rulings.

Judiciary must collaborate closely with the executive branch.

Judges are accountable only to the legislature.

What measure is implemented to ensure judges are free from political influence at the time of their appointment?

Judges are chosen based on their public popularity.

Judges must have legal experience without considering their political affiliations. (correct)

Appointments are made based on political party recommendations.

Judges are appointed directly by the legislature.

What does the principle of rule of law imply about individuals in society?

All individuals must adhere to the same legal standards. Signup and view all the answers

Under what circumstances can a judge be removed from office?

Only in exceptional cases following a difficult removal procedure. Signup and view all the answers

Why is security of tenure important for judges?

It enables judges to make unbiased decisions without fear or favor. Signup and view all the answers

How does an independent judiciary contribute to democracy?

By ensuring laws apply equally to all and preventing dictatorship. Signup and view all the answers

What does accountability of the judiciary mean in a democratic system?

Judges are obliged to justify their decisions to the public and uphold constitutional law. Signup and view all the answers

What is one of the key factors that ensures the judiciary's independence?

Judicial appointments are made without legislative involvement. Signup and view all the answers

What provides financial independence to the judiciary?

Judges’ salaries and allowances not subject to legislative approval Signup and view all the answers

Which of the following is NOT a function of an independent judiciary?

Interfering in legislative processes. Signup and view all the answers

What is required for the removal of a judge from the Supreme Court?

A special majority in both Houses of Parliament Signup and view all the answers

What role does public opinion play in the judiciary's decision-making?

Judges may be constrained by fear of public criticism Signup and view all the answers

Which judicial appointment process was established by the Supreme Court?

The Chief Justice recommends names in consultation with senior judges Signup and view all the answers

What is the principle regarding judges' conduct during parliamentary discussions?

Judges' conduct can only be discussed when removal proceedings are active Signup and view all the answers

Which notable case reflects the difficulty in removing a judge from office?

Justice V. Ramaswami case Signup and view all the answers

What does 'contempt of court' relate to in the context of judicial criticism?

Acknowledging judicial authority and its protection from unfounded critique Signup and view all the answers

In the appointment of judges, what aspect does the Chief Justice not solely control?

The final recommendations to the President Signup and view all the answers

What occurred during the 1991 motion to remove Justice V. Ramaswami?

The motion did not pass due to lack of majority support Signup and view all the answers

What is indicated by the broken convention surrounding appointments of Chief Justices?

Political intervention can disrupt long-standing judicial practices Signup and view all the answers

What does the original jurisdiction of the Supreme Court of India specifically entail?

It involves cases that can only be heard directly by the Supreme Court. Signup and view all the answers

Which of the following is NOT a function of the Supreme Court of India?

Deciding cases of serious criminal offences within a district. Signup and view all the answers

What role does the High Court play in relation to lower courts?

It can issue writs for restoring fundamental rights. Signup and view all the answers

Which statement correctly reflects the appellate jurisdiction of the Supreme Court?

It has the power to decide on appeals that the High Court has rejected. Signup and view all the answers

In the context of the judiciary, what does 'judicial activism' refer to?

The judiciary engaging in proactive measures to protect public interest. Signup and view all the answers

How does the Supreme Court of India's advisory jurisdiction function?

It allows the government to consult the Court on issues of legal significance. Signup and view all the answers

What is the consequence if a case of contempt occurs against the Supreme Court?

The Supreme Court can decide such cases itself. Signup and view all the answers

Which statement about the binding nature of the Supreme Court's decisions is correct?

All authorities in India must act in aid of the Supreme Court's orders. Signup and view all the answers

What is the primary function of the writ jurisdiction of the Supreme Court?

To issue orders compelling the executive to act. Signup and view all the answers

What is a key feature of the Indian judiciary's structure?

All courts in India function under a single integrated judiciary system. Signup and view all the answers

Study Notes

What is an Independent Judiciary?

The judiciary is an independent body that settles disputes between individuals, groups, and the government.
It protects the rule of law and ensures the supremacy of law.
It safeguards individual rights and ensures democracy doesn't become a dictatorship.
Independence implies freedom from political pressures.

How is an Independent Judiciary Ensured?

The judiciary is accountable to the Constitution, democratic traditions, and the people.
Judges are appointed based on legal experience and knowledge, not political beliefs.
Judges have a fixed tenure and can only be removed in exceptional circumstances.
The judiciary is financially independent from the executive and legislature.
Judges are protected from unfair criticism through contempt of court laws.

Appointment of Judges

The appointment of judges is a political process.
The Chief Justice of India (CJI) is usually appointed as per seniority.
The President appoints other Supreme Court and High Court judges after consulting the CJI.
The Supreme Court has established a collegiality principle for appointments, where the CJI consults with four senior-most judges.

Removal of Judges

Removing judges of the Supreme Court and High Courts is extremely difficult.
A judge can only be removed for proven misbehaviour or incapacity by a special majority vote in both houses of Parliament.
The first attempt to remove a Supreme Court judge was unsuccessful due to a lack of support from the Congress Party.

Structure of the Judiciary

India has a single, integrated judicial system with a pyramidal structure.
The Supreme Court is at the top, followed by High Courts, and district and subordinate courts at the lowest level.
Higher courts have direct superintendence over lower courts.

Jurisdiction of the Supreme Court

The Supreme Court has original, appellate, and advisory jurisdiction.
Original jurisdiction means cases involving federal relations can be directly considered by the Supreme Court.
Writ jurisdiction allows the Supreme Court to issue orders to enforce fundamental rights.
Appellate jurisdiction allows the Supreme Court to reconsider decisions made by High Courts.
The Supreme Court can review its own judgments and its decisions are binding on all courts in India.
Advisory jurisdiction allows the President to refer matters of public importance to the Supreme Court for advice.

Judicial Activism and Public Interest Litigation

These terms are often used in discussions about the judiciary.
Many believe these concepts have revolutionized the judiciary and made it more people-friendly.

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Description

Test your understanding of the independent judiciary and its role in upholding the law. This quiz covers the principles, protections, and appointment processes related to an independent judiciary. Learn how these elements contribute to democracy and individual rights.