10 Important Questions for Judiciary Main Exam

Questions for Judiciary Main Exam

Question 1:

Discuss the legal and policy challenges associated with environmental protection in India, focusing on regulating industrial pollution and managing natural resources?

Answer:

Industrial pollution and natural resource management provide major legal and policy difficulties for environmental protection in India. The industry has risen due to the country's rapid economic growth, polluting air, water, and soil. Due to poor monitoring, coordination, and punishments, the government's laws and procedures to address this issue are weak.

Economic growth and environmental conservation are major issues. Several industries fear harsh environmental restrictions will hurt profits and competitiveness. Lack of political will to implement these standards further hinders environmental protection efforts.

Development pressures natural resources, including forests and wildlife, making management a major issue. Forest encroachment and habitat loss have endangered many species and upset ecosystems.

To meet these concerns, India must improve environmental governance, monitoring and enforcement, sustainable development, and public knowledge and engagement. Government, industry, civil society, and the public must work together to balance economic growth and environmental conservation.

Question 2

Describe the principles of natural justice and analyze their significance in ensuring fairness and impartiality in administrative decision-making.

Answer:

Natural justice, or procedural fairness, is vital to administrative decision-making fairness and impartiality. These justice-based concepts protect individual rights and prevent administrative authority misuse.

Natural justice is based on the rule against bias and the right to a fair hearing. Decision-makers must be impartial and free from actual or perceived bias toward the parties involved. A fair hearing needs proper notice, an opportunity to be heard, and a fair and unbiased conclusion based on the evidence offered.

These principles provide a transparent, objective, evidence-based framework for administrative decision-making, assuring justice and impartiality. They make sure administrative authorities follow the law and don't disadvantage people. Natural justice also fosters public trust in administrative decision-making, which is crucial for democracy.

Finally, natural justice principles provide administrative decision-making fairness and impartiality. By following these principles, administrative authorities can make decisions based on law, evidence, and party rights. This builds public faith in the administrative system, which is necessary for democracy.

Question 3:

Discuss the “stare decisis” concept and its role in the Indian legal system.

Answer

The phrase "let the decision stand" is translated from the Latin phrase "stare decisis." It's a legal principle that dictates how comparable cases should be decided in the future. What this means is that lower courts must adhere to precedents set by higher courts and to their own prior rulings in cases of this type. Stare decisis plays a significant role in the Indian legal system, ensuring that the law is consistently and predictably applied. It prevents judges from making rulings that are arbitrary or biased, and it helps keep the legal system stable and predictable. The judiciary can offer continuity and consistency to the legal system by adhering to previous rulings.

There are, however, exceptions to the stare decisis principle. If a prior decision was made per incuriam (without considering a relevant legal provision or binding precedent), or if it is deemed plainly unjust or contrary to public policy, it can be reversed. In conclusion, the principle of stare decisis plays an important role in the administration of justice in India by maintaining consistency, predictability, and fairness.

Question 4

Critically examine the powers and functions of the High Court under the Constitution of India.

Answer

The Indian Constitution grants the High Court broad powers and functions. The High Court's leading role is to hear appeals from subordinate courts and tribunals. It has original jurisdiction over writ petitions, admiralty, and corporation law. 
The Supreme Court has numerous powers, including judicial review, to monitor government acts. Writs or orders can be issued by the High Court. Habeas corpus, mandamus, certiorari, prohibition, and quo warranto.

The High Court also protects citizens' rights. It can declare unlawful laws or executive actions that infringe on citizens' fundamental rights. The High Court interprets the Constitution and gives legal advice. Notwithstanding its enormous powers and activities, the High Court faces various problems. Case backlogs cause lengthy case disposal delays. Political involvement also impacts the High Court's independence and impartiality through appointing judges.

Finally, the High Court is essential to justice and citizen rights. Nonetheless, the High Court's difficulties concerning independence and impartiality must be addressed. This would require sufficient resources, effective case management, and mechanisms to prevent political involvement in the High Court.

Question 5

Analyze the differences between civil and criminal liability and explain the principles of vicarious liability in civil cases.

Answer

Criminal and civil liability differ. Civil law governs individual rights and duties. Criminal culpability results from breaking a criminal law, which protects society. Civil culpability compensates victims, while criminal liability punishes offenders.

Vicarious liability holds an employer or principal liable for the behaviour of their employees or agents. This principle applies in civil proceedings where an employee or agent does a tortious act (i.e., a wrongful act that harms another person) while at work. The employer or principal is vicariously accountable for the employee or agent's acts.

Vicarious liability holds an employer or principal liable for the behaviour of their workers or agents because they entrusted them with their business or tasks. This concept deters employers and principals from failing to prevent wrongdoing by their employees or agents.

Finally, civil and criminal culpability serve different goals. Civil proceedings rely on vicarious responsibility, which holds employers and principals accountable for their workers' or agents' activities. This principle serves as a deterrent for employers and principals to ensure they take necessary precautions to prevent their employees or agents from behaving improperly.

Question 6

Describe the legal framework governing arbitration in India and explain the advantages and disadvantages of arbitration as a dispute resolution mechanism.

Answer

The Arbitration and Conciliation Act 1996 governs Indian arbitration. The Act governs local and international arbitration, including foreign arbitral awards. Recent amendments to the Act have simplified arbitration and reduced court workload. The modifications allow emergency arbitrators, interim orders, and speedy dispute settlement. Arbitration beats litigation in many ways. Faster, cheaper, and private. It also lets parties designate a neutral arbiter with the technical ability to make a judgment. The arbitrator's ruling is usually final and unappealable.

Arbitration has drawbacks. The arbitrator's ruling may not be as transparent as a court's. Arbitrators may also be biased. The arbitration process's lack of transparency is also concerning. Arbitration has been popular in India, especially for business disputes. Yet, the legislative framework governing arbitration must balance the pros and cons and ensure fair and unbiased processes.

Question 7:

Evaluate the effectiveness of the Right to Information Act 2005 in promoting transparency and accountability in government.

Answer

The Right to Information Act, 2005 (RTI Act) empowers citizens to request government information to increase transparency and accountability. The act has been lauded for boosting government transparency and providing individuals with previously unavailable information.

The act has helped disseminate government decisions and activities, increasing transparency and public criticism. The act has also exposed government corruption, increasing public faith in government institutions.

Challenges have hampered the RTI Act's efficacy. Information seekers have been harassed and assaulted by public authorities. Information can be costly and time-consuming, limiting access for low-income people.

In conclusion, the RTI Act has promoted government transparency and accountability, although public authorities and other obstacles have limited its usefulness. Yet, the act remains a vital instrument for government openness and accountability, and efforts should be made to overcome the issues and make information access easier for citizens.

Question 8

Discuss the legal and ethical issues surrounding surrogacy arrangements in India.

Answer

For years, legal and ethical difficulties have surrounded Indian surrogacy. A lady carries a child for a couple who cannot conceive. Indian surrogacy law has changed significantly in recent years. Parliament is considering the Surrogacy (Regulation) Bill 2019, which bans commercial surrogacy and allows only altruistic surrogacy by close relatives. Indian surrogacy laws focus on the rights of the surrogate mother, intended parents, and child. To safeguard everyone, the surrogacy agreement should be carefully structured. Surrogate moms have been exploited due to a lack of clear norms and restrictions.

Surrogacy arrangements may exploit women and commodify their bodies. It is criticized for commodifying women's bodies and perpetuating gender inequality. Some say surrogacy lets women express reproductive rights and autonomy. Surrogacy arrangements can help infertile couples but often create difficult legal and ethical considerations. The Surrogacy (Regulation) Bill 2019 addresses some of these difficulties. Therefore, more extensive legislation and guidelines are needed to ensure ethical and rights-protected surrogacy arrangements.

Question 9

Explain the concept of “public interest litigation” and analyze its role in promoting social justice and protecting the rights of marginalized communities.

Answer

A public-spirited person or organization initiates public interest litigation (PIL) in court on behalf of a group or community affected by a public interest issue. PIL seeks justice for neglected and poor groups who cannot afford to go to court. PIL has promoted social justice and protected marginalized groups in India. It has helped address environmental protection, public health, corruption, human rights violations, and discrimination against disadvantaged groups.

PIL has been used to hold the government responsible and enforce constitutional compliance. It has changed government operations and the Indian judicial system. PIL is also criticized. It may be utilized for personal or political benefit, and some PILs are motivated by personal interests rather than the public interest. PILs may also threaten the separation of powers between the judiciary and the administration by allowing courts to mandate policy changes. PIL has promoted social justice and protected vulnerable people in India, but its success depends on its correct implementation and commitment to justice and equity.

Question 10

Critically evaluate the constitutional and legal provisions relating to freedom of speech and expression in India, with specific reference to recent controversies and challenges.

Answer

Article 19(1) of the Indian Constitution guarantees free speech (a). This right lets people speak freely without censorship or punishment. The sovereignty and integrity of India, public order, decency, morality, and state security require acceptable constraints on this freedom. In recent years, India has had various conflicts and threats to free speech and expression. The government's use of sedition charges to muzzle dissenters, internet access limitations during rallies, and social media surveillance and monitoring have all been cited as abuses of this fundamental right.

Hate speech, fake news, and internet harassment have also raised questions about free speech. The Supreme Court has upheld hate speech regulations and stressed the need to balance free expression with dignity and equality. Public interest litigation has protected and promoted speech and expression despite these challenges. Public interest litigation allows individuals and organizations to challenge laws and policies that violate this fundamental right, protecting underprivileged communities and promoting social justice.

In conclusion, democracy requires freedom of speech and expression but must be balanced with other interests. Current issues and challenges demonstrate the necessity for a sophisticated and context-specific approach to free speech regulation, while public interest litigation remains essential to defending and advancing this fundamental right.