What is an independent judiciary Give two reasons why it is essential to democracy?
Answer : It allows the courts to play a crucial role in ensuring that there is no misuse of power by the legislature and the executive. It will also help in protecting the Fundamental Rights of citizens because anyone can approach the courts if they believe that their rights have been violated.
Is judicial independence necessary Why or why not?
Judicial independence is important to you because it guarantees that judges are free to decide honestly and impartially, in accordance with the law and evidence, without concern or fear of interference, control, or improper influence from anyone.
Is an independent judiciary necessary for democracy?
It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law.
Why do national courts need to be independent under EU law?
The independence of Supreme Courts in EU Member States is essential to secure the uniform application of EU law across Member States; the second is the requirement in European law that Member States ensure that once appointed, judges are free from influence or pressure when carrying out their roles.
Why do you think an independent judiciary is necessary in a democracy Class 8?
Answer An independent judiciary is necessary to carry out the function of ‘upholding the law and enforcing Fundamental Rights’. It intends to shield the judicial process from external influences and provide full legal protection to all individuals going to court for whatever reason.
Why do you think that the Indian judiciary is independent give reasons Class 9?
The independence of Judiciary India ensures that the powers are not misused by the government. The judiciary of India works upon their will for untethered and unbiased justice. It is not accountable to any other body unlike the legislative and executive.
Why is judicial independence so important under our system of government use examples?
On the one hand, that type of judicial independence is highly valued among those who impute to courts a special responsibility for ensuring that individuals and minorities do not suffer illegal or unjust treatment at the hands of the government or a tyrannous majority.
Why is judicial independence important quizlet?
Independent judges can protect the abuse of rights by government or other organisations. its legal powers.
What is the meaning of judicial independence?
Judicial independence is the ability of a judge to decide a matter free from pressures or inducements, and freedom of the institution as a whole from government or other concentrations of power.
What is meant by independence of judiciary explain Class 9?
Independent of judiciary means that it is not under the control of the legislature or the executive. The judges donot act on the direction of the government or accordingto the wishes of the party in power.
Why is Indian judiciary known for its independence and extensive power?
Independence of Judiciary led by Supreme Court
The courts of India are not controlled by the government and do not represent any political authority. Such independence allows the judiciary to ensure that there is no misuse of power by any section of the government.
Why is judicial independence important to the rule of law?
The Rule of Law requires judicial independence so that people can take their disputes to court and have them resolved according to law. Without judicial independence, other Rule of Law principles such as clear and public laws, applying equally to all without discrimination, would be undermined.
Why should the independence of the judicial branch of the government be maintained and protected?
Without rule of law and independent and impartial judges there would be a perversion in the functioning of the State. An independent judiciary is therefore essential for the upholding of the rule of law and ensuring an effective and accountable political structure.
What is an independent judiciary Class 8?
An Independent Judiciary implies that: The other branches of government which are the legislature and the executive, cannot interfere in the work of such a judiciary. In an independent judiciary, the courts are not under the government and do not act on its behalf.
What is independence of judiciary?
judicial independence, the ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private. The term is also used in a normative sense to refer to the kind of independence that courts and judges ought to possess.
What does the independence of judiciary mean Class 9?
Independence of judiciary means the following things: 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.
What is Judiciary Class 8?
What is Judiciary Class 8? The judiciary is the system of interconnected courts that administers justice in the name of the state. It is the mechanism for the resolution of disputes and pronouncement of punishment to the guilty.
What is Judiciary class 11th?
Judiciary is an independent body to settle down the disputes arisen between the individuals or groups or government on the basis of the rule of law.
What is the meaning of appellate jurisdiction of the courts in India?
Appellate jurisdiction includes the power to reverse or modify the the lower court’s decision. Appellate jurisdiction exists for both civil law and criminal law. In an appellate case, the party that appealed the lower court’s decision is called the appellate, and the other party is the appellee.
What is PIL and why do you think the introduction of public interest litigation PIL in the 1980s is a significant step in ensuring access to justice for all?
The introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring access to justice for all because it also keeps in mind the interests of the illiterate and poor who are not educated enough or cannot afford to access the Indian legal system for justice against exploitation or …
Why do you think an independent judiciary is important for providing justice to all?
It safeguards 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 the role of PIL in Indian judiciary What values have you Learnt from the workings of PIL in Indian judicial system?
PIL upholds the value of equal justice and protection rights to all. It shows the value to a democratised judicial system where the oppressed and the poor also have the right to seek justice. It safeguards the constitutional and legal rights and interests of the disadvantaged and weaker sections.
What is PIL When and why was it devised by the Supreme Court of India?
Answer: The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice. It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated.
What is PIL and its importance?
Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern. It helps advance the cause of minority or disadvantaged groups or individuals. Public interest cases may arise from both public and private law matters.
How was PIL developed in India?
The Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man. Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private pursuit for the vindication of private vested interests.
What are the advantages of PIL?
The acceptance of even letters and telegrams by the courts, as PILs, reduces the cost of such litigation and also encourages public-spirited individuals and groups to bring to the notice of the court any situation which requires the Court’s interference.
What is public interest litigation Slideshare?
PIL(Public Interest Litigation) can be filed in any High Court or directly in the Supreme Court. It can be filed by any socially conscious or public spirited person or NGO’s for seeking judicial redressal of a public injury.
What are the features of PIL?
Features of PIL:
PIL involves a combination of formalism that stands attached with the judicial system, with an in formalism that characterises a tribunal and/or a departmental system. PIL avoids the formal approach to the court system.
What are the merits and demerits of PIL?
Demerits. Many people started handling PIL as a tool for harassment because frivolous cases can be filed without heavy court fee as compared to private litigations. Due to the flexibility of character of the PIL, the opposite party gets an opportunity to ascertain the precise allegation and respond to specific issues.
What is public interest litigation Kenya?
It provides as follows: 1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed or is threatened. 2) In addition to a person acting in their own interest, court proceedings under.
What is the importance of legal aid in India?
Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society.
What is negative side of PIL?
The disadvantages of public interest litigation are as follows: There is always the possibility that the instrument of PIL may be misused by a person purportedly litigating in the public interest.
Is PIL boon or bane?
PIL as a concept of providing justice to the needy is a boon in a country like India with a lot of problems like poverty and illiteracy, what also matters is its effectiveness.
How is PIL misused?
People have started misusing the PIL to settle a personal vendetta and serve political or business interests. The court has warned that PIL should be treated as a “public interest litigation” and not a “private interest litigation”.