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Judiciary NCERT Textbook With Solutions Book PDF Free Download
Chapter 6: Judiciary
In any society, disputes are bound to arise between individuals, between groups, and between individuals or groups and the government.
All such disputes must be settled by an independent body in accordance with the principle of rule of law.
This idea of rule of law implies that all individuals rich and poor, men or women, forward
or backward castes are subjected to the same law.
The principal role of the judiciary is to protect rule of law and ensure the supremacy of law.
It safeguards the rights of the individual, settles disputes in accordance with the law, and ensures that democracy does not give way to individual or group dictatorship.
In order to be able to do all this, it is necessary that the judiciary is independent of any political pressures. What is meant by an independent judiciary? How is this independence ensured?
Independence of Judiciary Simply stated independence of the judiciary means that the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.
the other organs of the government should not interfere with the decision of the judiciary.
judges must be able to perform their functions without fear or favor.
Independence of the judiciary does not imply arbitrariness or absence of accountability. Judiciary is a part of the democratic political structure of the country.
It is therefore accountable to the Constitution, to the democratic traditions, and to the people of the country. How can the independence of the judiciary be provided and protected?
The Indian Constitution has ensured the independence of the judiciary through a number of measures.
The legislature is not involved in the process of appointment of judges. Thus, it was believed that party politics would not play a role in the process of appointments.
In order to be appointed as a judge, a person must have experience as a lawyer and/or must be well versed in the law.
Political opinions of the person or his/ her political loyalty should not be the criteria for appointments to the judiciary. The judges have a fixed tenure.
They hold office till reaching the age of retirement. Only in exceptional cases, judges may be removed. But otherwise, they have the security of tenure.
Security of tenure ensures that judges could function without fear or favor. The Constitution prescribes a very difficult procedure for the removal of judges.
The Constitution makers believed that a difficult procedure of removal would provide security of office to the members of the judiciary.
The judiciary is not financially dependent on either the executive or legislature. The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature.
The actions and decisions of the judges are immune from personal criticisms. The judiciary has the power to penalize those who are found guilty of contempt of court.
This authority of the court is seen as effective protection for the judges from unfair criticism.
Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge is being carried out. This gives the judiciary independence to adjudicate without fear of being criticized.
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NCERT Solutions Class 11 Political Science Chapter 6 Judiciary
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 the 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.
The different ways to ensure the independence of the judiciary:
(ii) The judges are generally not removed before the age of retirement.
(iv) Parliament has no say in the appointment of judges.
(i) and (iii) are the odd ones out.
Does independence of the judiciary mean that the judiciary is not accountable to anyone? Write your answer in not more than 100 words.
The independence of the judiciary does not mean that the judiciary is not accountable to anyone. But it means:
- No other organ of the government would restrain the functioning of the judiciary.
- The judges can perform their functions without any fear or favoritism.
- Judiciary is accountable to the constitution of India, to the people of India and to the democratic traditions.
What are the different provisions in the constitution in order to maintain the independence of the judiciary?
The independence of judiciary means that other organs of government should not interfere in the functioning and decisions of the judiciary and the judiciary can perform its duties without any favour or f2ar. It enjoys various provisions in the constitution to ensure the independence of the judiciary as follows:
- Parliament has no say in the appointment of judges to avoid politics.
- The judges enjoy a fixed tenure as they hold their office till the age of their retirement and the constitution prescribes very difficult procedures for exceptional cases if required.
- The action and decisions of the judges are immune from personal criticism.
- The salaries and allowances of the judges are not subjected to the approval of the legislature as per the constitution.
- The judiciary can penalize those who are found guilty of contempt of court.
- The constitution specifically bars the Parliament from discussing the conduct of the judges except the impeachment proceedings.
NCERT Class 11 Political Science Textbook Chapter 6 Judiciary With Answer PDF Free Download