Define and explain the concept of Judicial Review.

6. Define and explain the concept of Judicial Review.

Ans – Judicial Review is the power of the judiciary, especially the Supreme Court and High Courts, to examine the constitutionality of legislative acts, executive orders, and administrative actions. It enables courts to ensure that laws and policies conform to the Constitution, protecting fundamental rights and maintaining the supremacy of the Constitution.

In India, judicial review is not explicitly mentioned in the Constitution but is implied through Articles 13, 32, 136, 226, and 245. Article 13 declares laws inconsistent with the Constitution void. Articles 32 and 226 empower courts to issue writs for the enforcement of fundamental rights and legal remedies.

The doctrine of judicial review acts as a check and balance on the powers of the legislature and executive, preventing abuse or arbitrary use of power. It upholds the rule of law by ensuring that no law or government action exceeds constitutional limits.

The Supreme Court of India has expanded judicial review to cover not just laws but also administrative actions, fundamental rights violations, and even constitutional amendments, as long as they do not violate the basic structure of the Constitution (Kesavananda Bharati case, 1973).

Thus, judicial review safeguards democracy, protects minorities, maintains constitutional supremacy, and strengthens accountability.

7. What is the significance of Articles 20 and 21 of the Indian Constitution?

Ans – Articles 20 and 21 are fundamental rights in the Indian Constitution that provide critical protections for individuals, especially in the context of criminal law and personal liberty.

• Article 20 safeguards against arbitrary and excessive punishment. It protects individuals from retrospective criminal laws (ex post facto laws), double jeopardy (being tried twice for the same offense), and self-incrimination (forcing a person to be a witness against themselves). This ensures fairness in the criminal justice system.
• Article 21 guarantees the right to life and personal liberty. It states that no person shall be deprived of life or personal liberty except according to “procedure established by law.” Over time, the Supreme Court has expanded this to include the right to live with dignity, right to a fair trial, clean environment, health, and privacy. Article 21 is considered the heart of the Constitution’s human rights protection.

Together, Articles 20 and 21 protect individuals from misuse of state power, uphold human dignity, and form the basis for a just legal system in India. Their interpretations have been instrumental in shaping Indian jurisprudence related to human rights.

8. How does the concept of Collective Responsibility operate in the Indian parliamentary system?

Ans – Collective Responsibility is a fundamental principle of the Indian parliamentary system, ensuring that the Council of Ministers, including the Prime Minister, functions as a unified entity accountable to the Lok Sabha (House of the People).

Under this principle, all ministers are collectively responsible for government decisions and policies. This means:

• If a policy or decision fails or attracts criticism, every minister shares responsibility.
• The entire Council must resign if it loses the confidence of the Lok Sabha.
• Individual ministers cannot publicly criticize government decisions; they must support Cabinet decisions publicly even if they disagreed privately.

This principle promotes Cabinet solidarity, discipline, and accountability, preventing confusion and instability in governance.

Collective responsibility ensures that the executive remains answerable to the elected representatives of the people, maintaining democratic control over the government. It strengthens political stability by binding the Cabinet as a team.

The principle is enshrined in Article 75(3) of the Constitution, which states that ministers hold office during the pleasure of the President but are collectively responsible to the Lok Sabha.

9. Briefly describe the procedure for removing a Judge of the Supreme Court of India.

Ans – The removal of a Supreme Court judge in India is a rigorous process called impeachment, designed to protect judicial independence.

The procedure, laid down in Article 124(4) and (5), involves:

1. Initiation: Removal can be initiated in either House of Parliament, requiring a signed notice by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
2. Investigation: The Speaker (Lok Sabha) or the Chairman (Rajya Sabha) forms a three-member inquiry committee to investigate charges of proven misbehavior or incapacity.
3. Resolution: If the committee finds the judge guilty, a motion for removal must be passed in each House by a special majority — a majority of total membership and two-thirds of members present and voting.
4. Presidential Order: If both Houses pass the motion, the President issues an order removing the judge.

This strict process ensures that judges are only removed for serious reasons, safeguarding judicial independence from political interference.

10. What is Question Hour in Parliamentary procedure, and what purpose does it serve?

Ans – Question Hour is the first hour of a sitting session in both Houses of the Indian Parliament during which Members of Parliament (MPs) ask questions to ministers regarding government policies, actions, and administration.

Its main purposes are:

• Accountability: It holds the executive accountable by allowing MPs to seek information and explanations on government functioning.
• Transparency: Provides transparency in governance by enabling scrutiny of government work.
• Public Awareness: Questions often highlight issues of public interest, informing citizens indirectly through parliamentary records.
• Legislative Oversight: Acts as a mechanism to check misuse of power or lapses in administration.

There are different types of questions: Starred Questions (oral answers), Unstarred Questions (written answers), and Short Notice Questions (urgent matters).

Question Hour is an essential democratic tool, fostering responsive governance and effective parliamentary control over the executive.

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