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Judiciary
You read that one of the main Junctions of the judiciary is upholding the law and enforcing Fundamental Rights? Why do you think an independent judiciary is necessary to carry out this important function?
Only an independent judiciary are able to protect our Fundamental Rights. The judiciary should be above all prejudices.
The control over the judge does not allow the judge to take an independent decision. This lack of independence would force the judge to make all judgments in biased manners.
Re-read the list of Fundamental Rights provided in Chapter 1. How do you think the Right to Constitutional Remedies connects to the idea of judicial review?
The Rights to Constitutional Remedies allows citizens to approach the court if they believe that any of their Fundamental Rights have been violated by the State.
The judiciary has the power to strike down particular laws passed by the Parliament if it finds that they violate the basic structure of the constitution.
Hence, the Right to Constitutional Remedies connects to the idea of judicial review.
In the following illustration, fill in each tier with the judgements given by the various courts in the Sudha Goel case. Check your responses with others in class.
Lower Court- The Lower Court convicted Laxman, his mother Shakuntala and his brother-in-law Subash Chandra and sentenced all three of them to death.
High Court- The High Court acquitted Laxman, Shakuntala and Subash Chandra.
Supreme Court- The Supreme Court founded Laxman and his mother guilty but acquitted the brother-in-law Subash because they did not have enough evidence against him. The Supreme Court decided to send the accused to prison for life.
The accused took the case to the High Court because they were unhappy with the decision of the Trial Court.
A. TRUE
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Mock Test Series
Mock Test Series