Dispute between State of Bihar and Union of India will be heard by Appeal from District court of Haryana will go to Single Integrated Judiciary Declaring a law unconstitutional	High Court Advisory Jurisdiction Judicial review Original Jurisdiction Supreme Court Single Constitution

Answer:

Dispute between State of Bihar and Union of India will be heard by – Supreme Court

Appeal from District court of Haryana will go to – High Court

Single Integrated Judiciary – Single Constitution

Declaring a law unconstitutional – Judicial Review

Page – 140

Q. When does the Court use the review powers?

Answer:

The Supreme Court has the power which is known as the Judicial Review. The Judicial Review is a step when the court reviews the law before validating it.

Page – 140

Q. What is the difference between judicial review and writ?

Answer:

The Judicial Review is a step when the court reviews the law before validating it. The writ is a written order and a mandatory process that commands a person to perform the act.

Q. The main issues in the conflict between the judiciary and the Parliament have been: (Page – 143)

Appointment of judges

Salaries and allowances of judges

Scope of Parliament’s power to amend the Constitution

Interference by the Parliament in the functioning of the judiciary

Answer:

The main issue related to these conflicts is the problem between the Judiciary and the Parliament. The Parliament has the power to amend the constitution in the functioning of the Judiciary.

NCERT Solutions for Class 11 Polity Chapter 6: Judiciary

Exercise Questions

Q1. What are the different ways in which the independence of the judiciary is ensured? Choose the odd ones out.

(i) Chief Justice of the Supreme Court is consulted in the appointment of other judges of Supreme Court.

(ii) Judges are generally not removed before the age of retirement.

(iii) Judge of a High Court cannot be transferred to another High Court.

(iv) Parliament has no say in the appointment of judges.

Answer:

(i) and (ii)

Q2. Does independence of the judiciary mean that the judiciary is not accountable to any one?

Answer:

The legislature and executive can not obstruct the way of judiciary. The other organs of the government must not interfere with the decision of the Judiciary. Judges must be able to perform their duties freely. They are accountable to the Constitution of India.

Q3. What are the different provisions in the constitution in order to maintain the independence of judiciary?

Answer:

There are several provisions including:

• The legislature is not involved in the process of Judges appointments.
• The Judges holds their office for a fixed tenure.
• Judiciary is not financially dependent.

Q4. Read the news report below and identify the following aspects:

(a) What is the case about?

(b) Who has been the beneficiary in the case?

(c) Who is the petitioner in the case?

(d) Visualise what would have been the different arguments put forward by the company.

(e) What arguments would the farmers have put forward?

Supreme Court orders REL to pay ₹ 300 crore to Dahanu farmers

Our Corporate Bureau 24 March 2005

Mumbai: The Supreme Court has ordered Reliance Energy to pay ₹ 300 crore to farmers who grow the chikoo fruit in the Dahanu area outside Mumbai. The order comes after the chikoo growers petitioned the court against the pollution caused by Reliance’s thermal power plant.

Dahanu, which is 150 km from Mumbai, was a self-sustaining agricultural and horticultural economy known for its fisheries and forests just over a decade ago, but was devastated in 1989 when a thermal power plant came into operation in the region. The next year, this fertile belt saw its first crop failure. Now, 70 per cent of the crop of what was once the fruit bowl of Maharashtra is gone. The fisheries have shut and the forest cover has thinned.Farmers and environmentalists say that fly ash from the power plant entered ground water and polluted the entire eco-system. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, and in spite of a Supreme Court order backing the order the pollution control plant was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for installation process in 2004. As the pollution control plant is still not set up, the Dahanu Taluka Environmental Protection Authority asked Reliance for a bank guarantee of Rs. 300 crores.

Answer:

a) The case study discusses about the loss was made to the farmers in the production of chikoo.

(b) The farmers were the beneficiary in the case.

(c) The chikoo growing farmers are the petitioner in the case.

(d) The different arguments could be: The power plants could be set up far from the town, the power plants helped the villagers by providing emplyment and power plant are needed to produce electricity for daily needs.

(e) The arguments could be forwarded by farmers : The loss of chikoo production has affected agriculture and the economy of the region and also increased the polulation.

Q5. Read the following news report and,

(a) Identify the governments at different levels

(b) Identify the role of Supreme Court

(c) What elements of the working of judiciary and executive can you identify in it?

(d) Identify the policy issues, matters related to legislation, implementation and interpretation of the law involved in this case.

Centre, Delhi join hands on CNG issue

By Our Staff Reporter, The Hindu 23 September 2001

NEW DELHI, SEPT. 22. The Centre and the Delhi Government today agreed to jointly approach the Supreme Court this coming week… for phasing out of all non-CNG commercial vehicles in the Capital. They also decided to seek a dual fuel policy for the city instead of putting the entire transportation system on the single-fuel mode “which was full of dangers and would result in disaster.’’ It was also decided to discourage the use of CNG by private vehicle owners in the Capital. Both governments would press for allowing the use of 0.05 per cent low sulphur diesel for running of buses in the Capital. In addition, it would be pleaded before the Court that all commercial vehicles, which fulfil the Euro-II standards, should be allowed to ply in the city. Though both the Centre and the State would file separate affidavits, these would contain common points. The Centre would also go out and support the Delhi Government’s stand on the issues concerning CNG. These decisions were taken at a meeting between the Delhi Chief Minister, Ms. Sheila Dikshit, and the Union Petroleum and Natural Gas Minister, Mr. Ram Naik. Ms. Dikshit said the Central Government would request the court that in view of the high powered Committee appointed under country, it would be appropriate to extend the deadline as it was not possible to convert the entire 10,000-odd bus fleet into CNG during the prescribed time frame. The Mashelkar Committee is expected to submit its report within a period of six months. The Chief Minister said time was required to implement the court directives. Referring to the coordinated approach on the issue, Ms. Dikshit said this would take into account the details about the number of vehicles to be run on CNG, eliminating long queues outside CNG filling stations, the CNG fuel requirements of Delhi and the ways and means to implement the directive of the court. The Supreme Court had …refused to relax the only CNG norm for the city’s buses but said it had never insisted on CNG for taxis and auto rickshaws. Mr. Naik said the Centre would insist on allowing use of low sulphur diesel for buses in Delhi as putting the entire transportation system dependent on CNG could prove to be disastrous. The Capital relied on pipeline supply for CNG and any disruption would throw the public transport system out of gear.

Answer:

(a) The state government and central government represented by chief minister and Union Petroleum minister.

(b) The supreme court has a significant role by instructing authorities to take steps against pollution.

(c) The judiciary acts in a manner to provide justice to everyone.

Q6. The following is a statement about Ecuador. What similarities or differences do you find between this example and the judicial system in India?

“It would be helpful if a body of common law, or judicial precedent, existed that could clarify a journalist’s rights. Unfortunately, Ecuador’s courts don’t work that way. Judges are not forced to respect the rulings of higher courts in previous cases. Unlike the US, an appellate judge in Ecuador (or elsewhere in South America, for that matter) need not provide a written decision explaining the legal basis of a ruling. A judge may rule one way today and the opposite way, in a similar case, tomorrow, without explaining why.”

Answer:

The differences are:

(a) Judges of Equador an Indian judge had to provide written decision. It will explain the legal basis to the ruling.

(b) Unlike Equador an Indian judge may not rule one way.

(c) Indian judges have to follow the instruction of the higher court.

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FAQs on NCERT Solutions Class 11 Polity Chapter 6: Judiciary

What is the role of the judiciary?

The principal role of the judiciary is to protect rule of law and ensure supremacy of law. It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship.

Who is head of judiciary?

As of 2024, there has been no woman who has served as chief justice of India. The current and 50th Chief Justice is Justice Dhananjaya Y. Chandrachud, who entered office on 9 November 2022.

What are the two types of judiciary?

The Chief Justice of India leads that court. High Courts are the top judicial bodies in individual states, controlled and managed by state Chief Justices. Below the High Courts are District Courts, also known as subordinate courts, that are controlled and managed by District and Sessions Judges.

What are the three main functions of the court?

To provide an impartial forum for the resolution of legal disputes. To protect individuals against the arbitrary use of governmental power. To provide for a formal record of legal status. To deter criminal behavior.

What is the lowest court in India?

There is a three-tier system of courts. On the civil side, at the lowest level is the court of Civil Judge (Junior Division). On criminal side, the lowest court is that of the Judicial Magistrate 1st class. Civil Judge (Junior Division) decides civil cases of small pecuniary stake.