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.
Answer
(a) The Supreme Court is the interpreter of the Constitution and its decision is final.
- It has the power to review laws passed by the Union or State legislatures.
- 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.
- 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.
- 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-
- 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.
- 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."
- 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.
Related Questions
The independence of the judiciary is necessary in a federal democratic set-up. In this context, describe the part played by the following:
(a) Security of Tenure of Office.
(b) Security of Salary and Allowances of the Judges.
(c) Power to punish for Contempt of itself.
The Supreme Court has extensive jurisdiction. In this context answer the following:
(a) What is meant by 'Appellate Jurisdiction'? Name two types of cases in which an appeal shall lie to the Supreme Court.
(b) What do you understand by advisory functions of the Supreme Court? State the types of cases where the Supreme Court may be required to express its opinion.
(c) What is meant by Revisory Jurisdiction of the Supreme Court?
Discuss how the Constitution has ensured that the Supreme Court acts as:
(a) Custodian of the Constitution.
(b) Guardian of the Fundamental Rights.
(c) A Court of Records and its implication.
Study the figure and answer the following questions:
(a) Identify the building in the picture. Where is it located? What is the position of this court in the entire judicial set up in India?
(b) State three qualifications required to be the judge of this court.
(c) How does this court maintain the sanctity of the Constitution of India