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History & Civics

Supreme Court has many functions to protect the interests of all citizens. In this context, answer the following questions:

(a) What is meant by Judicial Review?

(b) What is the significance of the power of Judicial Review?

(c) Mention three ways in which the Constitution ensures the independence of the Judges of the Supreme Court.

Supreme Court

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Answer

(a) The Supreme Court is the interpreter of the Constitution and its decision is final.

  1. It has the power to review laws passed by the Union or State legislatures.
  2. The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review.

(b) The Constitution has provided for a balance of powers between the Centre and the States. If the Union government or the State go beyond their limits, the Supreme Court can settle the dispute.

  1. In a written Constitution a law may be ambiguously worked. The question of interpretation of the Constitution is bound to arise and the Supreme Court only has the power of original jurisdiction.
  2. The legislature may not possess the wisdom, experience and impartiality which are needed to explain what the law means.

This function can be best performed by the Supreme Court.

(c) Three ways in which the Constitution ensures the independence of the Judges of the Supreme Court are-

  1. Appointment of Judges — Every Judge of the Supreme Court is appointed by the President after consultation with the Cabinet as well as the Judges of Supreme Court and High Court. Thus, the judiciary and the executive are involved in the appointment of Judges.
  2. Security of Tenure — A Judge can remain in office till he has attained the age of 65 years. He can be removed by the President on the ground of "proved misbehaviour or incapacity."
  3. Punishment for Contempt of Court — The Supreme Court can punish for the contempt of court if a person or authority makes an attempt to lower its authority.

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