Q) Discuss structure and function of the Judiciary in India?
Ans)
Judiciary in India has integrated and hierarchical structure with Supreme Court as the Apex body, which has power to administer the all the subordinate courts in India.
Structure:-
Supreme Court is standing at the highest position, which is followed by High Court, District Court and Sub-Ordinate Courts.
Function of Judiciary in India:-
* Administration of Justice:- First and Foremost function of the judiciary is administration of Justice by hearing the pleas in Civil, Criminal and Constitutional Cases.
* Appellate Jurisdiction:- In the higher of Indian Judiciary, a plea can be appealed in the Superior Court. Each plea can go upto the Supreme Court, which is the final adjudicator of Justice. SC as a court of record, can even reverse its judgement by reviewing its own Judgement.
* Final Interpreter of the the Law:- At Supreme Court level, Judiciary decides what is Law. If any act violates the provisions of the constitution, such Act or Law would be declared void by Court.
* Guardian of the Constitution:- By understanding the dynamic socio legal aspirations of country, Judiciary adjudicate the Law. Inorder to guard the Justice, SC invented the Doctrine of Basic Structure in Keshwananda Bharati Case, Public Interest Litigation(PIL) in Hussainara Khatoon Vs State of Bihar. By inventing such devices, Judiciary keeping the constitution alive and dynamic.
* Only arbiter between states and between state and centre:- At SC level, SC would be the final arbiter of the disputes between centre and states and between states.
* Silent Legislation:- Though legislation is the work of the legislatures, the courts also legislate in a different way. Where a law is silent, or ambiguous, the courts decide what a law is and how it should prevail.
These are some of the functions of the judiciary, which with its integrated system adjudicates the laws and protects the constitution from the arbitrariness of the executive and legislature.
Q) Distinguish between Judicial Review and Judicial Activism and also cite the importance judicial decisions on these two subjects? — 2017, G-I
Ans:-
Judicial Review:-
Judicial review is an authority of the Judiciary to examine the Laws and Order made by Legislature and executive respectively. In the examination, if judiciary found such laws are ultra vires to indian constitution, then that laws are made null and void.
Example:- SC made National Judicial appointments commission null and void.
Judiciary exercise its power of Judicial Review in three cases:-
- If it infringes the Fundamental Rights
- If authority that made the law doesnt have competency.
- If it against to any constitutional provisions
Articles that support the Judicial Review in Indian Constitution:-
Article 13, Article 32, Article 226, e.t.c.,
Judicial Activism:-
Inorder to strengthening and expanding the individual rights, Judiciary while exercising its power depart from the precedent and may venture into domains of Legislature and executive.
Article that support the judicial activism:-
Article 142 — Inorder to do the complete justice, SC may pass a decree or Order while administering the justice.
Examples of Judicial Activism:-
- PIL — Liberalising the principle of Locus Standi
- Banning of Liquor Shops in Highways
- National Anthem in Cinema halls
- BCCI case and Lodha Report
Reasons for Judicial Activism:-
- Failure of Legislative and Executive
- Legislative Vacuum — When Legislative cannot decide, then such gaps can be filled with wisdom of judges. Ex:- Vishaka Guidelines, Police Reforms in Prakash Singh Case, e.t.c.,
- Faith on Judiciary in Public
- To strengthen and expanding the Democratic and constitutional rights of Individual.
When there is absence of Legislative and Executive in the process of democracy, Judiciary stands straight inorder to meet the aspirations of the people through it Judicial Activism. In this way, Judicial Activism, where Judiciary plays Pro-Active role different from the Judicial Review, which is a constitutional requirement to balance the power between three principal organs of the state.
Q) What is Public Interest Litigation? Discuss its achievements and Misuse in India?
Ans:-
Public Interest Litigation originally originated in USA inorder to give access to Justice to the unrepresented. In india, It is Justice Krishna Iyer was first in Mumbai Kamgar Sabha case spelt the PIL. Later, Justice P.N. Bhagavathi expanded the scope of the PIL.
Characteristics of PIL:-
No Locus Standi:- As per principle of locus standi, person that went to court shall prove he is aggrieved. But in PIL such provisions liberalised and any person or organisation can approach court for justice to individual or group.
Liberalised Procedure:- In Asiad Labour case 1982, A letter is taken as writ petition.
Access to unrepresented:- Oppressed sections like Bonded Labour, Human Trafficking, riot victims, Victims of communal and caste violence, Women who are victims of violence and other similar groups are given direct access to justice through PIL.
PIL is used as medium to protect the human and fundamental rights. It is not only preserving the rights but also enriching the constitutionalism in India.
Misuse of PIL:-
When PIL gave the direct access to Supreme Court and High Court, there is lot of misuse of PIL in the following way:-
- Frivolous complaints for the Publicity:- Accessing court for changing the name of India to Hindustan, Changing the name of Arabian sea to Sindhu sagar, e.t.c.,
- Politicisation of PIL:- Inorder to get the political vengeance, false complaints filed on rival political parties and politicians.
- PIL for Personal Ambitions:- Inorder to harass higher officials, colleagues and relatives, people are dragging them into unnecessary legal battles.
Thatswhy, to discourage such frivolous complaints, judiciary is imposing nearly a Rs. 1 lakh fine for false or frivolous complaints.
Criticism against the PIL:-
Constitution through its different articles like article 50 and others says there shall be separation of judiciary from legislative and executive. But sometimes, Judiciary is overstepping its jurisdiction.
Examples:- National Anthem in Cinema halls, Banning of Crackers during diwali, Banning of Alcohol of Highways, e.t.c.,
PIL is indeed a social engineering instrument in the hands of Judiciary to enrich the democracy through the constitutionalism. It is a force that fills legislative and executive vacuum for example, Enriching the Form 26 through ADR Case. But, it has to respect the doctrine of separation of powers while exercising its judicial authority.