Chapter 5- JUDICIARY


Q1. You read that one of the main functions of the judiciary is upholding the law and enforcing fundamental Rights? Why do you think an independent judiciary is necessary to carry out this important function?

Ans. An independent judiciary can be able to protect our Fundamental Rights. The judiciary is above all prejudices. Any influence from any individual or machinery cannot affect judiciary.

Q2. Re-read the list of Fundamental Rights provided in chapter-1. How do you think the right to  constitutional Remedies connects to the idea of judicial review?

Ans. The Right to Constitutional Remedies allows citizen to approach the court if they believe that any of their Fundamental Rights have been violated by the state. The judiciary has the power to strike down particular laws passed by the parliament. Thus the Right to constitutional Remedies connects to the idea of judicial review.

Q3. In the following illustration, fill in each tier with the judgement given by the various courts in the Sudha Goel case. Check your responses with others in class.

Ans. Lower court- the lower court convicted Laxman, his mother Shakuntala and his brother in law Subash Chandra and sentenced all three of them to death.

High court- the high court Acquitted Laxman, Shakuntala  and Subash Chandra.

Supreme court- the supreme court founded Laxman and his mother guilty but Aquitted the brother in law Subash because they did not have enough evidence against him.

Q4. Keeping the sudha goel case in mind, tick the sentences that are true and correct the ones that are false.

a) the accused took the case to the high court because they were unhappy with the decision of the trial court.

Ans. True.

b) They went to the high court after the supreme court had given its decision.

Ans. False.

c) If they do not like the supreme court verdict the accused can go back again to the trial court.

Ans. False.

Q5. Why do you think the introduction of public interest litigation (PIL) in the 1980’s is a significant step in ensuring access to justice for all?

Ans. PIL is a significant step in ensuring access to justice for all. It allows any individual of organization to file a PIL in the high court or the Supreme Court on behalf of those whose rights are being violated. Even a letter or telegram addressed to the supreme court or the high court can be treated as PIL.

Q6. Re-read excerpts from the judgement on the Olga Tellis vs Bombay Municipal Corporation case. Now write in your own words what the judges meant when they said that the right to livelihood was a part of the Right to Life.

Ans. What the judges meant was that no person can live without the means of livelihood.