Parliament gets to decide about________
(a) Law and Judiciary
(b) Laws and policies
(c) Judiciary and application
(d) None of the above
Answers
Answer:
(b) laws and policies
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Answer:
Thus, the Parliament is supreme in making laws and amending the Constitution, the executive is supreme in implementing them while the judiciary is supreme in settling disputes and deciding whether the laws that have been made are in accordance with the provisions of the Constitution.
Explanation:
In any society, disputes are bound to arise between individuals,
between groups and between individuals or groups and government.
All such disputes must be settled by an independent body in
accordance with the principle of rule of law. This idea of rule of law
implies that all individuals — rich and poor, men or women, forward
or backward castes — are subjected to the same law. The principal
role of the judiciary is to protect rule of law and ensure supremacy
of law. 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 meant by an independent
judiciary? How is this independence
ensured?
Independence of Judiciary
Simply stated independence of
judiciary means that
± 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.
± judges must be able to perform
their functions without fear or
favour.
Independence of the judiciary does
not imply arbitrariness or absence of
accountability. Judiciary is a part of
the democratic political structure of the No fisticuffs please, this is rule of law!
READ A CARTOON
R K Laxman in The Times of India.
2015-16(20/01/2015)
126
Indian Constitution at Work
country. It is therefore accountable to the Constitution,
to the democratic traditions and to the people of the
country.
How can the independence of judiciary be provided
and protected?
The Indian Constitution has ensured the
independence of the judiciary through a number of
measures. The legislature is not involved in the process of
appointment of judges. Thus, it was believed that party
politics would not play a role in the process of
appointments. In order to be appointed as a judge, a
person must have experience as a lawyer and/or must be
well versed in law. Political opinions of the person or his/
her political loyalty should not be the criteria for
appointments to judiciary.
The judges have a fixed tenure. They hold office till
reaching the age of retirement. Only in exceptional cases,
judges may be removed. But otherwise, they have security
of tenure. Security of tenure ensures that judges could
function without fear or favour. The Constitution
prescribes a very difficult procedure for removal of judges.
The Constitution makers believed that a difficult
procedure of removal would provide security of office to
the members of judiciary.
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