Podcast
Questions and Answers
What is one of the main functions of the judiciary?
What is one of the main functions of the judiciary?
Upholding the law and enforcing fundamental rights.
Why is an independent judiciary necessary to uphold the law and enforce fundamental rights?
Why is an independent judiciary necessary to uphold the law and enforce fundamental rights?
An independent judiciary ensures that there is no misuse of power by the legislature or the executive. It allows anyone to approach the courts if they believe their rights have been violated, preventing powerful individuals from influencing judicial decisions.
What right guarantees that citizens can seek justice in court if they believe their fundamental rights have been violated?
What right guarantees that citizens can seek justice in court if they believe their fundamental rights have been violated?
Right to Constitutional Remedies.
What power does the judiciary have if it finds that a law violates the basic structure of the constitution?
What power does the judiciary have if it finds that a law violates the basic structure of the constitution?
Signup and view all the answers
What was the main challenge faced by the poor in India in accessing justice before the introduction of Public Interest Litigation (PIL)?
What was the main challenge faced by the poor in India in accessing justice before the introduction of Public Interest Litigation (PIL)?
Signup and view all the answers
Why was PIL introduced in India in the 1980s?
Why was PIL introduced in India in the 1980s?
Signup and view all the answers
It is necessary for a person filing a PIL to have a direct interest in the case.
It is necessary for a person filing a PIL to have a direct interest in the case.
Signup and view all the answers
How does the phrase "hungry stomachs, overflowing godowns! We will not accept it!" relate to the photo essay on the Right to Food on page 61?
How does the phrase "hungry stomachs, overflowing godowns! We will not accept it!" relate to the photo essay on the Right to Food on page 61?
Signup and view all the answers
What are three duties of the government to uphold the Right to Food?
What are three duties of the government to uphold the Right to Food?
Signup and view all the answers
Why is removing a judge in India a difficult process?
Why is removing a judge in India a difficult process?
Signup and view all the answers
What are some constitutional safeguards for judges in India?
What are some constitutional safeguards for judges in India?
Signup and view all the answers
The courts play a crucial role in interpreting the Fundamental Rights guaranteed by Article 21.
The courts play a crucial role in interpreting the Fundamental Rights guaranteed by Article 21.
Signup and view all the answers
The judiciary in India is independent because India is a secular country.
The judiciary in India is independent because India is a secular country.
Signup and view all the answers
Why did the accused in the Sudha Goel case take their case to the High Court?
Why did the accused in the Sudha Goel case take their case to the High Court?
Signup and view all the answers
The accused in the Sudha Goel case went to the Supreme Court after the High Court had given its decision.
The accused in the Sudha Goel case went to the Supreme Court after the High Court had given its decision.
Signup and view all the answers
The accused can go back to the Trial Court if they are unhappy with the Supreme Court's verdict.
The accused can go back to the Trial Court if they are unhappy with the Supreme Court's verdict.
Signup and view all the answers
How does the introduction of Public Interest Litigation (PIL) help ensure access to justice for all?
How does the introduction of Public Interest Litigation (PIL) help ensure access to justice for all?
Signup and view all the answers
Study Notes
Judiciary Functions
- One main function of the judiciary is upholding the law and enforcing fundamental rights.
- An independent judiciary is necessary to ensure no misuse of power by the legislature or executive.
- Anyone can approach the courts if their rights are violated, and powerful figures cannot influence judgements.
Constitutional Remedies and Judicial Review
- The Right to Constitutional Remedies allows citizens to seek justice in court if fundamental rights are violated.
- The judiciary has the power to modify or cancel laws that violate the basic structure of the constitution.
Public Interest Litigation (PIL)
- The introduction of PIL in the 1980s significantly improved access to justice for the poor in India.
- Legal procedures are expensive and time-consuming, making it difficult for the poor to access courts.
- PIL allows individuals or organizations to file cases on behalf of those whose rights are violated, even if they don't have a direct interest in the case.
Right to Livelihood as Part of Right to Life
- The Olga Tellis vs Bombay Municipal Corporation case highlighted the importance of livelihood as a part of the right to life.
- Persons living on pavements and in slums have a right to live and cannot be evicted without alternative accommodation.
- Access to livelihood is essential to exercising the right to life.
Right to Food
- The phrase "hungry stomachs, overflowing godowns! We will not accept it!" relates to the photo essay on the Right to Food.
- The phrase highlights the situation of drought in Rajasthan and Orissa in 2001 where millions of people faced food shortages.
- The government has a duty to provide food, ensure no one dies of hunger, and provide food to those unable to earn their own livelihood.
Removing a Judge
- Removing a judge is a difficult process due to the granted independence of the judiciary.
- The Constitution of India provides strong protections for judges.
- Removal requires "proven misbehavior or incapacity" and Parliamentary approval, ensuring judicial integrity.
Article 21
- Article 21 protects the right to life and includes the right to health, food, and water.
- Courts interpret Article 21 to ensure that fundamental needs of the poor are met.
Judiciary Independence and Role
- The assertion that the Indian judiciary is independent is true.
- The reason that this is because India is a secular country is not the correct explanation.
- The judiciary administers justice, interprets laws, and protects fundamental rights. (Important function of the court)
Sudha Goel Case
- Different court verdicts in the Sudha Goel case led to varying outcomes and highlight the complexities within different court tiers and their subsequent decisions.
- Appeal was filed, cases were passed before being taken to higher courts (Higher court appeals), and decisions were overturned.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz covers essential functions of the judiciary, focusing on upholding the law, constitutional remedies, and Public Interest Litigation (PIL). Test your understanding of how the judiciary protects fundamental rights and ensures justice for all citizens. Dive into the crucial role the judiciary plays in maintaining democracy and legal integrity.
