37.Judiciary – Supreme Court & High Court Flashcards
What is the binding effect of the law declared by the Supreme Court?
The law declared by the Supreme Court is binding on all courts within the territory of India.
What is the scope of enforcement of decrees and orders by the Supreme Court?
Decrees and orders of the Supreme Court are enforceable throughout the territory of India.
What powers does the Supreme Court have under Article 142?
The Supreme Court has the power to pass decrees or make orders for complete justice, enforceable throughout India, and can also secure attendance, discovery of documents, and investigation or punishment of contempt.
What is the purpose of Article 142?
Article 142 empowers the Supreme Court to ensure complete justice and make orders or decrees to that effect.
What can the Supreme Court do under Article 142?
The Supreme Court can exercise legislative powers, frame rules and laws, engage in judicial activism, and take actions that ensure complete justice, sometimes bordering on judicial overreach.
Which courts are bound by the law declared by the Supreme Court?
All courts within the territory of India are bound by the law declared by the Supreme Court.
Where is the enforcement of Supreme Court decrees and orders applicable?
The enforcement of Supreme Court decrees and orders is applicable throughout the territory of India.
What can the Supreme Court do to ensure the attendance of any person or the discovery of documents?
The Supreme Court has the power to make orders to secure the attendance of any person or the discovery of any documents.
What is the extent of the Supreme Court’s powers under Article 142?
The Supreme Court’s powers under Article 142 are broad and include the ability to ensure attendance, discovery of documents, and investigation or punishment of contempt, all for the purpose of securing complete justice.
What is the potential criticism associated with Article 142?
Article 142 allows the Supreme Court to engage in judicial activism, which may sometimes be perceived as judicial overreach.
What is judicial activism?
Judicial activism refers to the proactive use of judicial powers to interpret and apply the law beyond the strict interpretation of legal text.
What is another term for judicial activism?
Judicial dynamism is another term for judicial activism.
Provide examples of judicial activism.
Examples of judicial activism include the Vishakha Guidelines, the right to work in the Mazdoor Kisan Sangthan case, the right to a clean environment, and the right to clean water.
What is judicial overreach?
Judicial overreach occurs when judicial powers go beyond the proper bounds of the judicial role and encroach on the powers of other branches of government.
What is another term for judicial overreach?
Judicial adventurism is another term for judicial overreach.
Give examples of judicial overreach.
Examples of judicial overreach include the cracker ban, liquor ban along highways, and the establishment of the Lodha Panel in the BCCI case.
What is judicial restraint?
Judicial restraint means that the judiciary should restrain itself from activism and avoid encroaching upon the powers of other government organs such as the legislature and executive.
What should the judiciary refrain from according to the principle of judicial restraint?
According to the principle of judicial restraint, the judiciary should refrain from encroaching upon the powers of the legislature and executive.
What is the concept associated with judicial restraint?
The concept associated with judicial restraint is that the judiciary should limit its role and avoid interfering with the functions of other branches of government.
How does judicial restraint differ from judicial activism and overreach?
Judicial restraint advocates for a limited role of the judiciary, avoiding encroachment on other branches of government, while judicial activism and overreach involve proactive interpretation and application of the law, sometimes going beyond the strict legal text.
What is Public Interest Litigation (PIL)?
Public Interest Litigation (PIL) refers to litigation filed in a court of law for the protection of public interest, where matters affecting the interest of the public at large can be redressed.
Is Public Interest Litigation defined in any statute or act?
No, Public Interest Litigation is not defined in any statute or act.
What are the basic requirements for a Writ petition to be considered as PIL?
For a Writ petition to be considered as PIL, it should fulfill the basic needs for PIL, such as being addressed by an aggrieved person, a public-spirited individual, or a social action group, for the enforcement of legal or constitutional rights of persons who are unable to approach the court for redress.
What can the court do if it finds a PIL to be frivolous?
The court can decide if the PIL is frivolous and impose a fine or penalize the litigant.
What is the primary focus of Public Interest Litigation?
The primary focus of Public Interest Litigation is the protection of public interest rather than personal interest.
Who played a significant role in evolving the concept of PIL in India?
Justice Krishna Iyer played a significant role in evolving the concept of PIL in India, particularly in the case of Mumbai Kamgar Sabha vs. Abdul Thai in 1976.
