Home › Free notes › Class 11 Political Science › Judiciary

Judiciary – Class 11 Political Science notes, important questions and MCQs

NCERT Class 11 Political Science, chapter 6. Notes, key terms, important questions with answers and MCQs.

Chapter overview

The judiciary protects the rule of law, settles disputes and safeguards rights. India has an integrated, independent judiciary with the Supreme Court at the top, High Courts in the states and subordinate courts below. Its independence is protected by the method of appointment, security of tenure, fixed salaries and protection from criticism of judges' conduct in the legislature. Judicial review and public interest litigation have made the judiciary a guardian of the Constitution.

Independence and structure

Judges of the Supreme Court and High Courts are appointed by the President; in practice, recommendations come from the collegium of senior judges.
A judge can be removed only on grounds of proved misbehaviour or incapacity through a motion passed by a special majority in both Houses of Parliament, which makes removal very difficult.
Salaries of judges are charged on the Consolidated Fund and cannot be reduced to their disadvantage during their term, except in a financial emergency.
The Supreme Court has the Chief Justice of India and other judges; the integrated structure means decisions of higher courts bind lower courts.

Jurisdiction of the Supreme Court

Original jurisdiction: disputes between the Union and states or between states.
Writ jurisdiction: enforcing Fundamental Rights under Article 32.
Appellate jurisdiction: appeals in civil, criminal and constitutional cases; special leave to appeal from any court.
Advisory jurisdiction: under Article 143 the President can seek its opinion on questions of law or fact.

Judicial review and activism

Judicial review is the power to examine whether laws and executive actions conform to the Constitution and to declare them invalid if not.
In the Kesavananda Bharati case (1973) the Supreme Court held that Parliament cannot change the basic structure of the Constitution.
Public interest litigation (PIL), which grew from the late 1970s, allows any person to approach the court on behalf of those whose rights are violated, expanding access to justice.

Key terms

Judicial review: the power of courts to examine the constitutionality of laws and executive actions
Collegium: a group of senior judges that recommends appointments and transfers of judges
Original jurisdiction: cases that a court hears directly, not on appeal
Public interest litigation: litigation filed in court for the protection of public interest
Basic structure: the essential features of the Constitution that Parliament cannot change

Important questions with answers

How is the independence of the judiciary ensured in India?2 marks

Judicial independence is ensured by the method of appointment, in which the executive's role is limited and senior judges recommend names; security of tenure, as judges can be removed only by a difficult process of special majority in Parliament on proved misbehaviour or incapacity; fixed salaries charged on the Consolidated Fund that cannot be reduced to their disadvantage; and protection of judges from criticism of their conduct in the legislature.

What is public interest litigation?3 marks

Public interest litigation is a case filed in court for the protection of the public interest, such as pollution, bonded labour or prisoners' rights. Since the late 1970s courts have allowed any person or organisation to approach them on behalf of those who cannot do so themselves, and even letters have been treated as petitions. It has widened access to justice.

Explain the jurisdiction of the Supreme Court of India and the significance of judicial review.5 marks

The Supreme Court of India has wide jurisdiction. Under its original jurisdiction, it decides disputes between the Union and one or more states, or between states, directly. Under its writ jurisdiction (Article 32), any person whose Fundamental Rights are violated can approach it, and it can issue writs such as habeas corpus and mandamus. Under its appellate jurisdiction, it hears appeals from High Courts in civil, criminal and constitutional cases, and it can grant special leave to appeal against any judgement of any court or tribunal. Under its advisory jurisdiction (Article 143), the President can seek its opinion on questions of law or public importance. It is also a court of record whose decisions bind all courts. Judicial review is the power of the Supreme Court and High Courts to examine whether laws passed by legislatures and actions of the executive conform to the Constitution, and to declare them void if they do not. It is significant because it protects Fundamental Rights, maintains the federal balance between the Union and the states, and keeps the legislature and executive within constitutional limits. In the Kesavananda Bharati case (1973), the Court held that Parliament can amend the Constitution but cannot alter its basic structure, which further strengthened judicial review.

Quick revision

Integrated, independent judiciary.
Removal only by special majority on proved misbehaviour or incapacity.
Jurisdiction: original, writ, appellate, advisory (Article 143).
Judicial review, basic structure (1973), PIL.

Exam tips

Learn the four kinds of jurisdiction of the Supreme Court with one example each.
Remember Kesavananda Bharati (1973) for the basic structure doctrine.

Practice MCQs

The highest court in India is the
1. High Court
2. Lok Adalat
3. District Court
4. Supreme Court
Show answer
Answer: (d) Supreme Court. It is at the top of the integrated judiciary.
The power of courts to examine the constitutionality of laws is
1. judicial activism
2. impeachment
3. judicial review
4. ordinance
Show answer
Answer: (c) judicial review. It protects the Constitution.
Judges of the Supreme Court are appointed by the
1. President
2. Prime Minister
3. Parliament
4. Chief Election Commissioner
Show answer
Answer: (a) President. On recommendations through the collegium.
The President can seek the advice of the Supreme Court under Article
1. 32
2. 143
3. 356
4. 368
Show answer
Answer: (b) 143. This is advisory jurisdiction.
Disputes between the Union and a state are heard by the Supreme Court under its
1. appellate jurisdiction
2. writ jurisdiction
3. advisory jurisdiction
4. original jurisdiction
Show answer
Answer: (d) original jurisdiction. They are heard directly.
The basic structure doctrine was laid down in the
1. Golaknath case
2. Kesavananda Bharati case
3. Minerva Mills case
4. S.R. Bommai case
Show answer
Answer: (b) Kesavananda Bharati case. It was decided in 1973.
Why is it very difficult to remove a judge of the Supreme Court
1. judges are appointed for life
2. judges choose their successors
3. the President cannot be consulted
4. removal needs a special majority in both Houses on proved misbehaviour or incapacity
Show answer
Answer: (d) removal needs a special majority in both Houses on proved misbehaviour or incapacity. This protects judicial independence.
Public interest litigation has helped mainly by
1. reducing the number of judges
2. limiting Fundamental Rights
3. removing judicial review
4. allowing people to approach courts on behalf of the poor and disadvantaged
Show answer
Answer: (d) allowing people to approach courts on behalf of the poor and disadvantaged. It widened access to justice.

All chapters of Class 11 Political Science

Written by Kundali IQ from standard, well-established facts to help with revision. This is not an official NCERT publication; always read your textbook too.