Judiciary
Madhya Pradesh Board · Class 11 · Political Science
NCERT Solutions for Judiciary — Madhya Pradesh Board Class 11 Political Science.
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Exercises
1What are the different ways in which the independence of the judiciary is ensured? Choose the odd ones out.Show solution
- i is a measure that supports judicial independence because the Chief Justice is consulted in appointing other Supreme Court judges.
- ii is not correct as stated, because judges are not simply protected by a rule that they are “generally not removed before retirement”; the Constitution provides a fixed tenure and a difficult removal procedure.
- iii is odd because the chapter says the Constitution provides for safeguards like tenure and difficult removal, but it does not say that a High Court judge cannot be transferred.
- iv is odd because the chapter says the legislature is not involved in appointments, but it does not say Parliament has no say at all in the whole process; the executive and judiciary both have roles.
So the options that are not correctly stated safeguards are ii, iii and iv.
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2Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.Show solution
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3What are the different provisions in the constitution in order to maintain the independence of judiciary?Show solution
- Appointment of judges: The legislature is not involved directly in appointments.
- Fixed tenure: Judges hold office till the age of retirement.
- Difficult removal process: Judges can be removed only in exceptional cases and through a very difficult procedure.
- Financial independence: Salaries and allowances of judges are not dependent on legislative approval.
- Protection from criticism: Judges’ actions are immune from personal criticism, and the court can punish contempt of court.
- Restriction on parliamentary discussion: Parliament cannot discuss the conduct of judges except during removal proceedings.
These measures help judges work without fear or favour.
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4Read the news report below and identify the following aspects:
√ What is the case about?
√ Who has been the beneficiary in the case?
√ Who is the petitioner in the case?
√ Visualise what would have been the different arguments put forward by the company.
√ What arguments would the farmers have put forward?Show solution
- Beneficiary: the Dahanu chikoo farmers
- Petitioner: the chikoo growers/farmers who approached the court against pollution
### Possible arguments by the company
- The plant was operating to produce electricity, which is needed for development.
- It may have followed its plans for installing pollution control.
- It could claim that the costs asked for, such as the huge bank guarantee, were too high.
- It might argue that it was taking steps to reduce pollution and should be given time.
### Possible arguments by the farmers
- The power plant caused air and water pollution.
- Fly ash entered groundwater and damaged the eco-system.
- The pollution ruined crop production and the livelihood of farmers.
- The company had ignored earlier orders to install pollution control equipment.
- Their right to livelihood and a healthy environment was being harmed.
So the case pits industrial development against environmental protection and farmers’ livelihood.
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5Read the following news report and,
√ Identify the governments at different levels
√ Identify the role of Supreme Court
√ What elements of the working of judiciary and executive can you identify in it?
√ Identify the policy issues, matters related to legislation, implementation and interpretation of the law involved in this case.Show solution
- Central Government
- Delhi Government
### Role of the Supreme Court
- The Supreme Court had issued directives on the CNG norm for buses.
- It acted as the body interpreting and enforcing the law and environmental/public transport policy.
- The governments approached it to seek directions and possibly relaxation of deadlines.
### Elements of judiciary and executive working together
- The executive was responsible for implementing the court’s directions.
- The judiciary was supervising implementation through its orders.
- The Centre and Delhi government coordinated their stand and decided to file affidavits before the Court.
- This shows interaction between policy-making, implementation, and judicial review.
### Policy, legislation, implementation, interpretation issues
- Policy issue: whether Delhi should rely only on CNG or have a dual fuel policy.
- Implementation issue: converting the bus fleet to CNG, setting up filling stations, and meeting deadlines.
- Legislation/law issue: compliance with court directives and environmental standards.
- Interpretation issue: whether the court’s order required CNG for only buses or more broadly for other vehicles.
The case shows how environmental policy, transport regulation, and court orders can all be linked.
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√ 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.
√ In order to resolve the dispute about river Cauvery the government of Tamil Nadu wants to approach the court.
√ Court rejected the appeal by people against the eviction from the dam site.
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