Judiciary: Its Constitution, Roles and Impartiality
What is the role of the judiciary in India?
The judiciary in India interprets and applies laws, resolves disputes, and safeguards rights. It ensures justice, upholds the rule of law, and interprets laws passed by the legislature.
How does the Supreme Court ensure the protection of fundamental rights?
The Supreme Court, through Article 32 of the Constitution, can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to enforce fundamental rights. It can also nullify laws that violate these rights.
What are the key doctrines used by courts to interpret laws in India?
The key doctrines include the Doctrine of Pith and Substance, Doctrine of Severability, and Doctrine of Colourable Legislation. These principles help courts determine the true nature and constitutionality of laws.
Can you explain the significance of the case of State of Maharashtra v. FN Balsara?
This case dealt with the Bombay Prohibition Act, 1949, and its impact on fundamental rights. The Supreme Court ruled that certain provisions of the Act violated fundamental rights without reasonable justification, emphasizing the importance of balancing individual rights with the state’s regulatory powers.
How does the case of Balaji v. State of Mysore impact reservation policies in educational institutions?
Balaji v. State of Mysore established the principle of a 50% cap on reservation in educational institutions. While upholding the reservation policy, the Supreme Court imposed limitations to ensure a balance between affirmative action and meritocracy.