RBSE Solutions Class 12 Political Science Chapter 22 Judiciary-Composition of Supreme

RBSE Class 12 Political Science Chapter 22 Text book Questions

RBSE Class 12 Political Science Chapter 22 Multiple Choice Questions

 

Question 1. Which among the following has been included in the procedure of the appointment of the judges?
(a) President
(b) Legislature
(c) Chief Justice
(d) Lokayukta
Answer: (a) President
In simple words: The President of India is involved in the process of appointing judges. They play a key role in confirming who becomes a judge.

🎯 Exam Tip: Remember that while the President makes the formal appointment, the Chief Justice and other senior judges are consulted, making it a collegium system.

 

Question 2. The President of India can seek advice from the Supreme Court on matters of public interest if he seeks the advice.
(a) Public interest cases
(b) Constitutional matters
(c) Both (a) and (b)
(d) None of the options
Answer: (c) Both (a) and (b)
In simple words: The President can ask the Supreme Court for advice on both important public issues and questions about the constitution. This helps ensure fair and lawful decisions.

🎯 Exam Tip: When dealing with such questions, remember Article 143 of the Constitution, which grants the President the power to consult the Supreme Court.

 

Question 3. Most powerful means of safeguarding public interest in the present time is :
(a) Public Interest Litigation
(b) Mercy Petition
(c) Revision Petition
(d) Observation Petition
Answer: (a) Public Interest Litigation
In simple words: Public Interest Litigation (PIL) is currently the strongest tool to protect the general public's welfare. It allows citizens to bring cases forward for public good.

🎯 Exam Tip: Understand that PILs are different from personal petitions; they address issues that affect a large group of people or society as a whole.

 

Question 4. Which statement is not true in regard of the Supreme Court?
(a) The orders of the Supreme Court are binding on all the courts.
(b) It can order any law suit for its judicial review.
(c) It can introduce a new branch of the Supreme Court in any part of the country.
(d) It can transfer the judges of the High Courts.
Answer: (c) It can introduce a new branch of the Supreme Court in any part of the country.
In simple words: The Supreme Court cannot create its own new branches anywhere in the country. That power lies with the Parliament.

🎯 Exam Tip: Carefully read "not true" questions. Identify which statement is incorrect based on the Supreme Court's established powers, as its main seat is in New Delhi and only Parliament can decide on benches.

RBSE Class 12 Political Science Chapter 22 Very Short Answer Type Questions

 

Question 1. Who has the right to interpret the theory of power balance among the three organs of the government?
Answer: The Judiciary has the right to interpret how power is balanced among the three branches of the government: the executive, legislature, and judiciary. This ensures that no single branch becomes too powerful. It protects the system of checks and balances.
In simple words: The courts decide how power should be shared fairly between the government's three main parts.

🎯 Exam Tip: The concept of 'separation of powers' and 'checks and balances' are key to understanding the judiciary's role in interpreting power balance.

 

Question 2. Where are the cases related to Federal relations heard directly?
Answer: Cases related to federal relations are heard directly in the Supreme Court. The Supreme Court has original jurisdiction over disputes between the Union and the States, or between different States. This is an essential function in a federal structure like India's.
In simple words: Big disagreements between the central government and state governments, or between different states, go straight to the Supreme Court.

🎯 Exam Tip: Remember that federal cases, involving disputes between governmental units, fall under the Supreme Court's exclusive original jurisdiction.

 

Question 3. What is called the petition that represents judicial activism?
Answer: The petition representing judicial activism is called 'Public Interest Litigation' (PILs). These petitions allow any public-spirited individual or organization to approach the court for the protection of public interest. PILs have broadened the scope of justice.
In simple words: Petitions that show judicial activism are called Public Interest Litigations (PILs).

🎯 Exam Tip: Distinguish between a regular petition, which addresses individual grievances, and a PIL, which focuses on collective public welfare.

 

Question 4. What can the court do to maintain the sanctity of the constitution?
Answer: To maintain the sanctity of the constitution, the court can use two main methods:
1. The court can issue a 'Writ'. This is a formal written order from the court to enforce a right.
2. It can declare any law as unconstitutional and void, stopping its implementation. This power is known as judicial review and ensures all laws follow the constitution.
In simple words: Courts can protect the constitution by giving out special orders called 'Writs' or by saying a law is wrong and cannot be used if it goes against the constitution.

🎯 Exam Tip: Be sure to name both writs and judicial review as crucial tools the judiciary uses to uphold the constitution's authority.

RBSE Class 12 Political Science Chapter 22 Short Answer Type Questions

 

Question 1. What do you understand by Judicial Activism?
Answer: Judicial activism means that the judiciary takes an active role in protecting people's rights and ensuring good governance, even when other branches of government are not doing their job. Based on judicial review, the judiciary can declare any law that violates the constitution as illegal. Over time, the judiciary realized it should also have the power to instruct the executive branch if it ignores its duties or acts unfairly. This approach prevents the legislature from making arbitrary laws and encourages the executive to act responsibly. Judicial activism is an advanced form of judicial review, born from the need to address system weaknesses and changing societal conditions. It helps keep the system dynamic and responsive.
In simple words: Judicial activism is when judges step in to ensure justice and good governance, even telling other government parts what to do if they are not working right or are unfair. It helps fix problems in the system.

🎯 Exam Tip: Focus on the judiciary's proactive role and its connection to public interest and good governance when explaining judicial activism.

 

Question 2. What are Appellate powers?
Answer: Appellate jurisdiction means that the Supreme Court can re-examine a complete case and its legal points that have already been decided by a lower court. If the Supreme Court believes that the lower court misunderstood the law or the constitution, it can change the decision and give a new interpretation. The Supreme Court is the highest court for appeals. Any person can appeal to the Supreme Court after the High Court's decision if the High Court certifies that the case involves a serious matter, such as interpreting a law or the constitution. If a lower court gives a death penalty, an appeal can be made directly to the Supreme Court or High Court. Even if the High Court does not allow an appeal, the Supreme Court has the right to accept the case for review. This power allows the Supreme Court to correct errors and ensure consistent application of law across the country.
In simple words: Appellate powers mean the Supreme Court can review cases decided by lower courts. If the lower court made a mistake in understanding the law, the Supreme Court can change the decision and give a new, correct one.

🎯 Exam Tip: Emphasize that appellate power allows the Supreme Court to act as the final court of appeal, correcting legal errors and setting precedents for all other courts.

 

Question 3. What subjects are listed in Basic jurisdiction?
Answer: Basic jurisdiction means that the Supreme Court can hear some cases directly, without them first going through lower courts. This is called basic (or original) jurisdiction because these cases can only be decided by the Supreme Court. Neither the High Courts nor the lower courts can handle such matters. By using this right, the Supreme Court not only settles disagreements but also interprets the powers of the union and state governments as outlined in the constitution. The Supreme Court's basic jurisdiction gives it a crucial role in all disputes related to federal matters. In any federal system, disagreements naturally arise between the union and the states, and among different states. The Supreme Court is responsible for resolving these disputes, thereby maintaining the federal balance.
In simple words: Basic jurisdiction means the Supreme Court can directly hear certain important cases, especially those between the central government and states or between different states, without them starting in lower courts.

🎯 Exam Tip: Highlight that original jurisdiction is exclusive to the Supreme Court for federal disputes, making it a critical guardian of the federal structure.

RBSE Class 12 Political Science Chapter 22 Long Answer Type Questions

 

Question 1. Explain the powers and rights of the Supreme Court?
Answer: The powers and rights of the Supreme Court are fundamental to India's democratic system, ensuring justice and upholding the Constitution. These powers are:
i. Basic Jurisdiction: This means the Supreme Court can directly hear certain cases, without them needing to go through lower courts first. Cases related to disputes between the central government and states, or between different states, go straight to the Supreme Court. This is called basic jurisdiction because only the Supreme Court can resolve these matters. It plays a decisive role in federal disputes by interpreting the powers of union and state governments as given in the constitution. The Supreme Court acts as the primary resolver of legal disputes in a federal structure.
ii. Power Related to Writ Petition: Any person whose fundamental rights have been violated can directly approach the Supreme Court for justice. The Supreme Court can issue special orders called 'writs' to protect these rights. High Courts can also issue writs. However, if fundamental rights are violated, a person has the option to go to either the High Court or the Supreme Court directly.
iii. Appellate Jurisdiction: The Supreme Court is the highest court of appeal. It can reconsider entire cases and re-examine legal issues from lower courts. If the Supreme Court believes a lower court has misinterpreted the law or the constitution, it can change the decision and provide a new interpretation. If a High Court doesn't allow an appeal against its decision, the Supreme Court can still choose to accept the case for consideration. This ensures that justice is served at the highest level.
iv. Advisory Jurisdiction: This right allows the Supreme Court to advise the President if he seeks consultation on matters of law or public importance, especially those involving constitutional interpretation (under Article 143). While the President may seek this advice, the Supreme Court is not bound to give it. Conversely, if the Supreme Court sends advice, the President is not obligated to accept it. This helps the government get legal opinions before making major decisions, preventing potential legal disputes later on. By considering the Supreme Court's advice, the government can make more informed decisions or amendments to proposed laws.
In simple words: The Supreme Court has several big powers: it can hear important cases directly (basic jurisdiction), issue special orders to protect rights (writs), review decisions from lower courts (appellate power), and advise the President on legal matters (advisory power). These powers help it protect the Constitution and ensure justice for everyone.

🎯 Exam Tip: For a comprehensive answer, list each jurisdiction type and briefly explain its function with an example if possible, linking it back to the Supreme Court's role as a guardian of the Constitution.

 

Question 2. Judicial Activism and Public Interest Litigations are correlated to each other. Justify this statement
Answer: Judicial Activism and Public Interest Litigations (PILs) are closely connected, with PILs being a major tool through which judicial activism operates. In recent years, the Supreme Court has opened new avenues for ordinary and exploited citizens through Public Interest Litigations. Under this system, a judge can issue orders on matters of public interest without requiring judicial fees or following strict procedures, based on a complaint from any person or organization. The approach taken by the Supreme Court in these public interest cases is known as judicial activism. Judicial activism and PILs are interconnected, as evidenced by the following points:
i. The Supreme Court has recognized public interest-related matters. This means that a person can file a case on behalf of a group or class of people whose legal or constitutional rights have been denied. Therefore, anyone can approach the judiciary on behalf of the poor, disabled, helpless, and socially and financially disadvantaged. The court ensures that no one is unjustly deprived of their independence. It also mandates the government to provide legal aid to the poor, making justice accessible even if court proceedings are expensive or delayed. This proactive approach by the judiciary to address social injustices and public suffering through PILs is the essence of judicial activism.
ii. Similarly, in criminal cases, unnecessary delays are not considered just. To resolve these delays, the court can direct the state government to set up more courts and appoint more judges. Consequently, the Supreme Court has become proactive and legalistic through the legal system and Public Interest Litigation, actively participating in public welfare and social reforms. The court often steps in when the executive or legislature fails to act, ensuring that justice is served and fundamental rights are protected for all citizens.
In simple words: Judicial activism and Public Interest Litigations (PILs) go hand in hand. PILs are the way judges become active (judicial activism) by helping ordinary people bring important public issues to court, ensuring justice for many, even the poor and helpless.

🎯 Exam Tip: When justifying the correlation, explain how PILs provide the mechanism for the judiciary to actively intervene in social issues, thus demonstrating judicial activism.

RBSE Class 12 Political Science Chapter 22 Other Important Questions

RBSE Class 12 Political Science Chapter 22 Multiple Choice Questions

 

Question 1. Which of the following rights comes in the jurisdiction of the Supreme Court?
(a) Initial Jurisdiction
(b) Appellate Jurisdiction
(c) Consultant Jurisdiction
(d) All of these
Answer: (d) All of these
In simple words: The Supreme Court has all these powers: Initial (original) power to hear certain cases, Appellate power to review decisions from lower courts, and Consultant (advisory) power to advise the President.

🎯 Exam Tip: Remember that the Supreme Court is the highest judicial authority and therefore encompasses various types of jurisdictions.

 

Question 2. What is the age limit for the retirement of the Supreme Court judges?
(a) 55 years
(b) 60 years
(c) 65 years
(d) 68 years
Answer: (c) 65 years
In simple words: Judges of the Supreme Court retire when they reach the age of 65.

🎯 Exam Tip: Know the retirement ages for judges of different courts (Supreme Court, High Court) as this is a common factual question.

 

Question 3. The tenure of the Supreme Court can be extended :
(a) By the Parliament
Answer: (a) By the Parliament
In simple words: The length of time Supreme Court judges serve can be changed or extended only by the Parliament.

🎯 Exam Tip: Understand that major structural changes to the judiciary, including tenure rules, usually require parliamentary legislation.

 

Question 4. The Supreme Court of India is located at:
(a) Chennai
(b) New Delhi
(c) Mumbai
(d) Allahabad
Answer: (b) New Delhi
In simple words: The main location of the Supreme Court of India is in New Delhi, the capital city.

🎯 Exam Tip: Basic factual knowledge like the location of key institutions is important for general awareness.

 

Question 5. Which organ of the government is responsible for the Protection of Rights?
(a) Judiciary
(b) Legislature
(c) Executive
(d) None of these
Answer: (a) Judiciary
In simple words: The Judiciary, or the court system, is responsible for protecting everyone's rights.

🎯 Exam Tip: Emphasize the judiciary's role as the guardian of fundamental rights and the Constitution.

 

Question 6. With the advice of how many senior most judges of the court, the Chief Justice of India recommends the individual names to be appointed as judges?
(a) 5
(b) 4
(c) 3
(d) 2
Answer: (b) 4
In simple words: The Chief Justice of India suggests names for new judges after talking with four of the most experienced judges.

🎯 Exam Tip: This refers to the Collegium system, where the Chief Justice and four senior-most judges make recommendations for judicial appointments.

 

Question 7. 'The principle of Collegium' is related to :
(a) Prime Minister
Answer: (a) Prime Minister
In simple words: The 'Collegium principle' is connected to the Prime Minister.

🎯 Exam Tip: While the Collegium system primarily involves judges, its recommendations are sent to the government, involving the Prime Minister's office in the appointment process.

 

Question 8. What is expected to maintain the independent and unbiased judiciary in India?
(a) Security of Post
(b) Limited tenure
(c) Legislative intervention
(d) Election of Judges
Answer: (a) Security of Post
In simple words: To keep judges fair and independent, they are given job security, meaning they cannot be easily removed from their positions.

🎯 Exam Tip: Security of tenure (post) is a cornerstone of judicial independence, preventing external pressures from influencing judicial decisions.

RBSE Class 12 Political Science Chapter 22 Very Short Answer Type Questions

 

Question 1. What is the main role of the judiciary?
Answer: The main role of the judiciary is to protect the rule of law and ensure that laws are followed by everyone. It also makes sure that justice is delivered fairly and equally to all. This involves interpreting laws and upholding the Constitution.
In simple words: The main job of the judiciary is to make sure laws are respected and that justice is given to everyone.

🎯 Exam Tip: When describing the judiciary's role, always mention "rule of law" and "supremacy of law" as essential keywords.

 

Question 2. What is the need for an independent judiciary in India?
Answer: India needs an independent judiciary to protect the constitution, safeguard fundamental rights, ensure that laws are followed, and protect the federal system. An independent judiciary can make fair decisions without being influenced by the government or any other powerful group. This helps maintain balance and justice in the country.
In simple words: India needs its courts to be independent so they can protect the constitution, people's rights, and make sure laws are followed fairly without any outside pressure.

🎯 Exam Tip: List the key reasons: protecting the constitution, fundamental rights, rule of law, and the federal structure.

 

Question 3. Write any two function of the judiciary.
Answer: The two main functions of the judiciary are:
1. It protects the rights of individuals. This means ensuring that no one's fundamental rights are violated.
2. It resolves disputes according to the law. The judiciary acts as an impartial arbiter in conflicts between individuals, states, or the state and individuals.
In simple words: The judiciary's jobs include protecting people's rights and solving arguments fairly by using the law.

🎯 Exam Tip: Focus on direct and clear functions of the judiciary, such as rights protection and dispute resolution, as two primary responsibilities.

 

Question 4. Who has not been included in the appointment of judges?
Answer: The Legislature has not been included directly in the appointment of judges. While Parliament (part of the legislature) can make laws regarding judicial appointments, it does not directly participate in the selection of individual judges. The appointment process primarily involves the executive and the judiciary itself (through the collegium system).
In simple words: The law-making body, called the Legislature, is not directly involved in choosing judges.

🎯 Exam Tip: Differentiate between the legislative power to frame laws for judicial appointments and the actual process of appointing individual judges, which involves the executive and judiciary.

 

Question 6. Name the process by which the judges of the Supreme Court can be removed?
Answer: Judges of the Supreme Court can be removed through an impeachment process. This is a very difficult and formal procedure involving a special majority vote in both houses of Parliament, usually for proven misbehavior or incapacity. It highlights the security of tenure for judges.
In simple words: Supreme Court judges can be removed by a special process called impeachment.

🎯 Exam Tip: Remember "impeachment" as the specific term for the removal of Supreme Court and High Court judges, emphasizing its difficulty to ensure judicial independence.

 

Question 7. What is the main resource of judicial activism in India?
Answer: The main resource of judicial activism in India is Public Interest Litigation (PIL). PILs allow the judiciary to proactively address issues of public welfare and rights when other government branches may not be acting effectively. These petitions give the courts a way to intervene in broader societal concerns.
In simple words: The main way judicial activism happens in India is through Public Interest Litigation (PIL), which lets courts step in to help the public.

🎯 Exam Tip: Connect judicial activism directly to PILs, as PILs are the primary mechanism through which the judiciary expands its traditional role.

 

Question 8. What is the full form of C.B.I.?
Answer: The full form of C.B.I. is Central Bureau of Investigation. It is India's premier investigative agency, responsible for a wide range of criminal and national security-related cases. The CBI plays a crucial role in maintaining law and order.
In simple words: C.B.I. stands for Central Bureau of Investigation, which is a big police investigation agency in India.

🎯 Exam Tip: Knowing the full forms of important government agencies is helpful for general knowledge and political science exams.

 

Question 9. Parliament is Supreme in what task?
Answer: Parliament is supreme in making laws and amending the constitution. While the judiciary interprets laws and the constitution, Parliament holds the ultimate power to create new laws and to change existing constitutional provisions, subject to the basic structure doctrine. This highlights its role as the chief legislative body.
In simple words: Parliament is most powerful when it comes to making new laws and changing the country's constitution.

🎯 Exam Tip: Remember that Parliament's supremacy is primarily in its legislative function, meaning law-making and constitutional amendments.

 

Question 10. What is the basis of Democratic Governance?
Answer: The basis of democratic governance is that each organ of government respects each other's powers and jurisdiction. This means the executive, legislature, and judiciary operate within their defined roles, ensuring a system of checks and balances. This mutual respect prevents any single branch from becoming too dominant and upholds the democratic values of accountability and fairness.
In simple words: Democratic governance works best when each part of the government respects the powers and boundaries of the other parts.

🎯 Exam Tip: Focus on mutual respect, separation of powers, and checks and balances as the foundational elements of democratic governance.

 

Question 12. What does the 'judicial review' means?
Answer: Judicial review means the power of the judiciary to examine the validity and constitutionality of actions taken by the legislature and the executive. Through this power, courts can decide if a law or a government decision follows the rules set by the constitution. If it does not, the court can declare it illegal or void. This is a crucial check on governmental power, ensuring that all actions comply with the supreme law of the land.
In simple words: Judicial review means the courts can check if laws made by the government are fair and follow the rules of the constitution. If they don't, the courts can cancel them.

🎯 Exam Tip: Clearly define judicial review as the power of the judiciary to test the constitutionality of legislative and executive actions.

RBSE Class 12 Political Science Chapter 22 Short Answer Type Questions

 

Question 1. Why independent judiciary was established in India?
Answer: An independent judiciary was established in India for several important reasons:
1. The judiciary was given the job of interpreting the constitution and laws in India. To do this fairly, it needed to be free from influence.
2. It was needed to protect the fundamental rights of citizens and to ensure that the government and executive do not violate these basic rights. An independent court can stand up for citizens against state power.
3. An independent judiciary was also set up to ensure the rule of law across India. This means everyone, including the government, must follow the law.
4. An independent judiciary was established to make fair decisions regarding disputes over territorial jurisdiction between the union and the states. This helps maintain the federal balance.
These reasons collectively ensure that the judiciary acts as a neutral and effective guardian of the Constitution and citizens' rights.
In simple words: India created an independent judiciary so it could fairly explain the constitution, protect people's rights, make sure laws are followed, and solve arguments between states without bias.

🎯 Exam Tip: When explaining the need for an independent judiciary, structure your answer by listing its key roles: interpreter, protector of rights, enforcer of rule of law, and arbiter of federal disputes.

 

Question 2. How the independence and security to the Judiciary has been provided in the Indian constitution?
Answer: The Indian constitution provides several key provisions to ensure the independence and security of the judiciary:
1. Appointment of judges is kept away from party politics. Instead, individuals specializing in law and practicing advocacy are considered. This ensures merit-based appointments rather than political favors.
2. Judges cannot be easily removed from their posts, as their tenure is fixed. The constitution makes their removal very difficult, requiring a complex impeachment process only for proven misconduct or incapacity. This security prevents undue pressure.
3. Judges are granted immunity, meaning their judgments and actions in court are beyond criticism. Parliament cannot even discuss the working of sitting judges, protecting them from political attacks.
4. The Supreme Court has full control over its staff. All officers and employees of the court are appointed by the Chief Justice and other judges. This prevents external interference in the court's daily functioning.
5. A ban on advocacy after retirement means that a retired judge cannot practice as a lawyer before any officer or in any court within India. However, they can be appointed for special assignments like investigations. This rule aims to prevent retired judges from using their previous position for personal gain or influence.
These measures collectively safeguard the judiciary's ability to make impartial decisions and uphold justice.
In simple words: The Indian constitution keeps judges independent and secure by making their appointments free from politics, giving them fixed job terms, protecting them from criticism, letting them control their own staff, and limiting their work after retirement.

🎯 Exam Tip: Focus on the constitutional mechanisms that provide security of tenure, financial independence, and protection from criticism as core elements of judicial independence.

 

Question 4. What are the qualifications for the Supreme Court judges?
Answer: To become a Supreme Court judge, a person must meet the following qualifications:
1. They must be a citizen of India.
2. They must have served as a judge for at least 5 continuous years in a High Court or in two or more High Courts. This ensures significant judicial experience.
Or
They must have been an advocate (lawyer) in a High Court or other courts for 10 consecutive years. This provides an alternative path for experienced legal professionals.
Or
They should be considered a "learned lawmaker" (distinguished jurist) in the opinion of the President. This provision broadens the pool of eligible candidates, allowing academics or legal scholars to be appointed, enriching the court with diverse expertise.
These criteria ensure that judges are highly qualified and experienced individuals capable of handling complex legal matters.
In simple words: To be a Supreme Court judge, a person must be an Indian citizen and either have been a High Court judge for 5 years, a lawyer for 10 years, or be a highly respected legal expert in the President's view.

🎯 Exam Tip: List all three alternative qualifications clearly, and remember the "learned lawmaker" clause as it provides flexibility in appointments.

 

Question 5. How and by whom, the judges of the Supreme Court can be removed?
Answer: Judges of the Supreme Court and High Courts can be removed from their office by an impeachment process. This process requires a special majority in Parliament. If both houses of Parliament separately ratify the charge against the judge with a two-thirds majority of their total members present and voting, then the judge can be disqualified for proven misbehavior or incapacity. Following this parliamentary resolution, the President of India issues an order for the judge's removal. The entire process is designed to be difficult, ensuring judicial independence by making it challenging to remove a judge without strong, established grounds. This complex procedure protects judges from arbitrary dismissal and political pressure.
In simple words: Supreme Court judges can be removed only by a tough process called impeachment. This needs a special vote from both parts of Parliament, and then the President officially removes them, usually for serious bad conduct.

🎯 Exam Tip: Emphasize "impeachment" as the method, and detail the "special majority" requirement in both houses of Parliament followed by a Presidential order.

 

Question 6. What do your think about the Advisory Jurisdiction of the Supreme Court?
Or
Write about the Advisory Jurisdiction of the Supreme Court
Answer: The Advisory Jurisdiction of the Supreme Court is a unique power granted by the constitution under Article 143. It allows the President of India to seek advice from the Supreme Court on any legal question or factual matter of public importance. While the President can ask for this advice, the Supreme Court is not bound to provide it. Similarly, if the Supreme Court offers advice, the President is not obligated to accept it. This jurisdiction has two key aspects:
1. It gives the government a chance to get a legal opinion from the highest court before taking action on important issues. This helps in avoiding potential legal disputes later on by ensuring decisions are constitutionally sound.
2. By considering the Supreme Court's advice, the government can make necessary amendments to its proposed judgments or bills. This leads to more robust and legally compliant policymaking. This function acts as a preventive measure, allowing the executive to anticipate and resolve legal ambiguities.
In simple words: The Supreme Court's advisory power means the President can ask it for legal advice on important matters. This helps the government make better laws and decisions, even though the court doesn't have to give advice, and the President doesn't have to follow it.

🎯 Exam Tip: Clearly state Article 143 and highlight that the advice is neither binding on the Supreme Court to give nor on the President to accept. Explain its preventive legal role.

 

Question 7. How is the Public Interest Litigation (PIL) the most effective means of Judicial Activism.
Answer: Public Interest Litigation (PIL) has proven to be the most effective means of judicial activism because it allows the judiciary to proactively intervene in matters of public welfare and justice. When an individual or a group files petitions in court on behalf of victims or the general public, and the court hears these petitions, they are called PILs. PILs are crucial for protecting people's rights, improving the lives of the poor, safeguarding the environment, and addressing other public interest issues. They bring problems faced by the general public directly before the court. A famous example is the Hussianara Khatom Vs. State of Bihar case in 1979, which highlighted the plight of long-term prisoners who were still in jail despite having served their punishment. A lawyer filed a petition in the Supreme Court, leading to the launch of PIL in India. PIL has broadened access to justice for the marginalized and compelled the government to act on social issues, making the judiciary an active participant in social reform. This proactive stance by judges is the essence of judicial activism, making PIL its most powerful expression.
In simple words: Public Interest Litigation (PIL) is the best way for courts to show judicial activism because it lets anyone ask the court to fix big problems affecting many people, like protecting rights or helping the poor. It helps judges actively work for public good.

🎯 Exam Tip: Provide a clear definition of PIL and explain how it empowers the judiciary to act proactively on social issues, using the Hussianara Khatom case as a historical example.

RBSE Class 12 Political Science Chapter 22 Long Answer Type Questions

 

Question 1. Describe the need and importance of the Supreme Court in India in detail.
Answer: The Supreme Court is a cornerstone of India's democratic framework, essential for maintaining constitutional principles and ensuring justice. Its need and importance can be understood through the following points:
1. Interpretation of the Constitution: The Supreme Court acts as the guardian and official interpreter of the Constitution. During the Constituent Assembly meetings, it was affirmed that the Court would be the "interpreter and protector of the Constitution." It ensures that the true spirit of the Indian Constitution is upheld, providing clarity on legal matters. This role is vital for maintaining the rule of law.
2. Balance Wheel of Governance: The Supreme Court plays a role similar to a balance wheel in governance. In situations where different parts of the government might be swayed by public opinion or political pressures, the Supreme Court fairly interprets the government's actions according to the Constitution. It ensures that all branches operate within their constitutional limits, maintaining stability and impartiality.
3. Protector of Fundamental Rights: Under Article 32 of the Constitution, the Supreme Court is the custodian of the fundamental rights of citizens. It is the duty of this court to prevent the violation of these six fundamental rights and to provide remedies if they are encroached upon. Citizens can directly approach the Supreme Court if their rights are violated, making it the ultimate protector of individual liberties.
4. To give Specific Consultation: The Supreme Court is often consulted by the President on complex legal conflicts. It advises the President on matters of public importance and specific facts that the President seeks clarification on. While this advice is not binding, it helps in ensuring that presidential decisions are legally sound and well-informed, strengthening the legal framework of governance.
The Supreme Court's critical role ensures the smooth functioning of the federal system and prevents the executive and legislature from becoming autocratic. It also safeguards citizens' fundamental rights, making it an indispensable institution in India.
In simple words: The Supreme Court is very important in India because it explains the Constitution, keeps the government working in balance, protects everyone's basic rights, and gives legal advice to the President. It makes sure everything runs fairly and by the law.

🎯 Exam Tip: When detailing the importance, use clear headings for each point (e.g., Interpreter, Balance Wheel, Protector of Rights) and provide a brief, impactful explanation for each.

 

Question 2. What arrangements have been mentioned in the constitution to keep the judiciary independent?
Answer: The Indian Constitution includes several provisions to ensure the judiciary remains independent and free from external influence:
1. Appointment of Judges: The right to appoint judges in the Supreme Court and High Courts is entrusted to the President, who consults the Chief Justice and other senior-most judges. This system (collegium) aims to keep appointments away from direct political interference and prioritize merit. This method ensures that qualified individuals are selected for judicial roles.
2. Long Working Method and Security of Working Method: Judges of the Supreme Court in India remain in office until the age of 65. They cannot be easily dismissed. The President can only remove a judge based on proven misconduct or incompetence, and the removal process is very complex and difficult. This security of tenure prevents judges from being pressured by political parties or the government.
3. Immunity: The judgments and actions of the Supreme Court are beyond public criticism. Parliament cannot discuss the conduct of judges who are performing their duties. This immunity protects judges from unwarranted attacks and allows them to make decisions without fear.
4. Control of Staff: To maintain its freedom, the court must have control over its own staff. The Supreme Court has full authority over its staff, and all officers and employees of the court are appointed by the Chief Justice and other judges. This prevents any external entity from influencing the court's administrative functions.
5. Ban on Advocacy after Retirement: The constitution prohibits a retired judge from practicing as an advocate before any officer or in any court in India. However, it allows for their appointment for special types of work, such as investigations. This rule aims to prevent potential conflicts of interest and ensure that judges do not use their past positions for personal benefit after retirement. These provisions collectively reinforce the judiciary's ability to operate impartially and uphold justice.
In simple words: To keep judges independent, the constitution makes sure they are chosen carefully, have secure jobs until age 65, cannot be easily criticized, control their own court staff, and cannot work as lawyers after retirement. These rules stop anyone from unfairly influencing them.

🎯 Exam Tip: When discussing judicial independence, detail the provisions related to appointment, security of tenure, immunity from criticism, control over staff, and post-retirement restrictions to show a comprehensive understanding.

 

Question 3. Illustrate the importance of judicial review and its significance.
Answer: Judicial review is a power held by the Supreme Court and High Courts. This power allows them to check if any law or action by the government follows the constitution and protects its supreme authority. If a law is found to go against the constitution or fundamental rights, the court can declare it invalid. This ensures that no law can bypass the foundational principles set by the constitution. This is how the judiciary acts as a guardian of the constitution.
The importance of judicial review is highlighted by these points:
1. It safeguards the division of powers between the central and state governments, which is outlined in the constitution. 2. It helps to keep the government's power in check and protects the civil rights and freedoms of citizens. 3. Judicial review is a primary method for regulating the government's authority. 4. This system helps maintain the balance of the constitution. 5. Through judicial review, the Supreme Court and High Courts serve as the official interpreters and protectors of the constitution. 6. The power to assess the legality of laws is directly linked to judicial review. Articles 131 and 132 specifically grant the Supreme Court the right to review laws made by both federal and state governments.
In simple words: Judicial review means courts can check if laws follow the constitution. It is important because it protects the constitution, people's rights, and balances the government's power. It also makes sure laws are legal and fair for everyone.

🎯 Exam Tip: When explaining judicial review, clearly define its meaning and then list its key contributions to constitutional governance and protecting citizen rights. Mentioning specific articles like 131 and 132 adds weight to your answer.

 

Hierarchy of the Indian Judiciary
The Indian court system is structured like a pyramid. The Supreme Court sits at the very top. Below it are the High Courts, and then come the District and Subordinate courts. All lower courts work under the direct guidance of the courts above them.
1. Supreme Court of India:

• All other courts in the country must respect and follow its decisions.
• It can move judges from one High Court to another.
• It can demand any case being heard in any other court in the country.
• It can also transfer a case from one High Court to another High Court.

This ensures a uniform interpretation of law across the entire nation.
2. High Court:

• They listen to appeals against decisions made by lower courts.
• They can issue special orders (writs) to protect people's rights.
• They make judgments on matters within their state's area of authority.
• They watch over and manage the courts below them.

High Courts play a crucial role in the state's judicial administration and upholding justice.
3. District Courts:

• They hear cases that are first brought in their district.
• They also hear appeals against decisions made by lower courts within their district.
• They decide on serious crimes.

These courts are the primary point of contact for most citizens seeking justice.
4. Subordinate Courts:

• These courts handle both civil matters (like property disputes) and criminal matters (like theft or assault).

They form the foundation of the judicial system, managing a large volume of daily legal issues.
In simple words: India's courts are set up like a pyramid, with the Supreme Court at the top, followed by High Courts, then District and Subordinate courts. Each level of court has specific jobs, like hearing appeals, protecting rights, or dealing with local cases, and they all work together.

🎯 Exam Tip: Clearly differentiate the roles and powers of each level of the judiciary. Remember to highlight the Supreme Court's ultimate authority and the High Court's jurisdiction within their respective states.