NCERT Class 11 Political Science Indian Constitution – Why & How? Chapter 6: Judiciary

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NCERT Class 11 Political Science Indian Constitution – Why & How? Chapter 6: Judiciary
Why a Need for Independent Judiciary?
Settle disputes
All are subjected to same law
Safeguard rights
Ensure democracy is protected & no dictatorship enters
How is Independent Judiciary Protected?
Legislature not involved to appoint judges – no role of politics
To be judge – person must be expert in law / be a lawyer
Political opinion of person should not be the criteria
Judges have fixed tenure & security for same (can be removed only in exceptional cases)
Judges not dependent financially on executive or legislature
Protection of Judge from unfair criticism
Appointment of Judges
Chief Justice of Supreme Court: senior-most judge of the Supreme Court was appointed as the Chief Justice of India
Judges of SC & HC: by President in Consultation with Council of Ministers
Removal of Judges
SC & HC Judge removed only on ground of misbehavior or incapacity
Charges must be approved by special majority in both houses of parliament
Types of Jurisdiction
Original: It can be directly considered by the Supreme Court without going to the lower courts

Types of Jurisdiction
Writ: Any individual, whose fundamental right has been violated, can directly move the Supreme Court for remedy. The Supreme Court can give special orders in the form of writs.

Types of Jurisdiction
Appellate: The Supreme Court is the highest court of appeal. A person can appeal to the Supreme Court against the decisions of the High Court. However, High Court must certify that the case is fit for appeal, that is to say that it involves a serious matter of interpretation of law or Constitution.

Types of Jurisdiction
Advisory: President of India can refer any matter that is of public importance or that which involves interpretation of Constitution to Supreme Court for advice.

Judicial Activism
Democratised judicial system by giving individual or group access to courts
Make electoral system free and fair – file affidavit of income and asset with educational qualification for candidates contesting elections

Judicial Activism – Negative Side
Overburdened courts due to PILs
Blurred the line of distinction between the executive and legislature as well as judiciary

Judiciary and Rights
Protector of Fundamental Rights
Interpreter of Constitution
Power of Judicial Review (judiciary can interpret Constitution and the laws passed by the legislature)
Prevent subversion of Constitution through political practice
Judiciary and Parliament
Gives directions to executive
Judiciary and Parliament
1967-73
1973: Kesavananda Bharati case
1979: Right to property was taken away

Chapters:
0:00 NCERT Class 11 Chapter 6 Political Science: Indian Constitution
0:12 Three Pillars
6:47 Appointment and Removal of Judges
14:37 Types of Jurisdictions
21:18 Judicial Activism
27:15 Judiciary and Rights
30:04 Judiciary and Parliament
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[dreams]

Thanks mam for this fabulous session. It improves my English as well as make me able to understand polity for my preparation..., ., ...., ., .

[rimpalisha_original]

Mam ap Bohot ache samjhati ho, same xm h toh pls or v mock classes hogi toh bohot achcha hoga🙂