Q/A

Q.1 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. The Independent Judiciary is necessary for ‘upholding the law and Enforcing Fundamental Rights‘. The Independency of the judicial processes helps to deliver the fair and non-negotaible decisions, this also shields the judicial process from external influences and provide full legal protection to all individuals who are going to court for whatever reasons.

Q.2 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 i.e. from (Article 32 to 35), empowers the citizens to move to the court of the law in case of the denial of the fundamental rights. Judicial Review suggests the abolishment of the legislative and executive powers if it seens to voilate fundamental rights.  They both are interconnected as it is exercised when an individual thinks their fundamental right is being voilated by state or any authority.

Q.3 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.
(b) They went to the High Court after the Supreme Court had given its decision.
(c) If they do not like the Supreme Court verdict, the accused can go back again to the Trial Court.

Ans. (a) TRUE

(b) FLASE, They went to High Court after Trial Court has given their decision.

(c) FALSE, No they cannot went to trail court after the SUPREME COURT has given the decision because SC is the highest court of the judicial system.

Q.4 Why do you think the introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring access to justice for all?

Ans. In the early period of 1980’s SUPREME COURT of INDIA came up with an idea of PUBLIC INTEREST LITIGATION (PIL) for the ease of justice to all. After the concept of  PIL came into action, any individual or any organisation can file PIL in High Court or Supreme Court if they think their right is being voilated. This also helped the minor and poor section of society to raise their voices for the voilation of their fundamental rights or if they think justice is not delivered to them. PIL also impowered the saying “JUSTICE DELAYED IS JUSTICE DENIED“.

 

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