judiciary q and a

• the independence of the judiciary allows the courts to play a center role in upholding the law and enforcing fundamental rights.
• the rights to constitutional remedies allows an Indian citizen to move the court if he feels that any of his or her fundamental rights has been violated by the state.
• as the final interpreter of the constitution, the judiciary has the power to review or even strike down any particular law passed by the parliament if it believes that this law violates the basics structure of the constitution which is called judicial review.
• In this way we find that the right to constitutional remedies given in the fundamental rights is directly connected and supported by the idea of judicial review
• the independence of the judiciary ensures that no misuse of power by the legislature and the executive
• anyone can approach the court if they believed that their rights have been violated and politicians or other socially powerful people cannot use their power to change any judgement.
• full name of PIL

  Public Interest Ligitation
• PIL in the 1980s is a significance step in ensuring access to justice for all
• PIL also keeps in mind the interest of the illiterate and poor who are not educated enough or cannot afford to access the indian legal system for justice against exploitation or violation of their basic human and fundamental rights
• in Olga Tellis vs Bombay Municipal Corporation case, the judges said that the Right to livelihood was part of the Right to Life
• the judges stated that life does not merely imply an animal existence, it cannot be lived without a means of living, that is "the means to livelihood.''
• the Judges conferred that eviction from a pavement or slum is deprivation of means of livelihood for the poor who cannot afford to live anywhere else
• the poor takes up small jobs in surroundings areas and to lose their pavement or slum would lead to loss of job resulting in loss of a means of livelihood
• the loss of livelihood consequently leads to Deprivation of Life
• You read that one of the main funcion of the Judiciary is upholding the law and Enforcing fundamental rights. Why do you think an independent judiciary is necessary to carry out important function?

  the independence of the judiciary allows the courts to play a center role in upholding the law and enforcing fundamental rights as it ensures that no misuse of power by the legislature and the executive anyone can approach the court if they believed that their rights have been violated and politicians or other socially powerful people cannot use their power to change any judgement.
• Reread the list of Fundamental Rights provided in chapter 1. How do you think the right to Constitutional remedies Remedies connects to the idea of Judicial review?

  the rights to constitutional remedies allows an Indian citizen to move the court if he feels that any of his or her fundamental rights has been violated by the state. as the final interpreter of the constitution, the judiciary has the power to review or even strike down any particular law passed by the parliament if it believes that this law violates the basics structure of the constitution which is called judicial review.
• in this way...

  In this way we find that the right to constitutional remedies given in the fundamental rights is directly connected and supported by the idea of judicial review