Howis judicial activism related to the protection of fundamental rights?Has it helped in expanding the scope of fundamental rights?
Doyou think that judicial activism can lead to a conflict between thejudiciary and the executive? Why?
Inwhat way can public interest litigation help the poor?
Readthe following statements: Match them with the different jurisdictionsthe Supreme Court can exercise - Original, Appellate, and Advisory.
√ Thegovernment wanted to know if it can pass a law about the citizenshipstatus of residents of Pakistan-occupied areas of Jammu and Kashmir.
√ Inorder to resolve the dispute about river Cauvery the government ofTamil Nadu wants to approach the court.
√ Courtrejected the appeal by people against the eviction from the dam site.
Thefollowing is a statement about Ecuador. What similarities ordifferences do you find between this example and the judicial systemin India?
“Itwould be helpful if a body of common law, or judicial precedent,existed that could clarify a journalist’s rights.Unfortunately, Ecuador’s courts don’t work that way.Judges are not forced to respect the rulings of higher courts inprevious cases. Unlike the US, an appellate judge in Ecuador (orelsewhere in South America, for that matter) need not provide awritten decision explaining the legal basis of a ruling. A judge mayrule one way today and the opposite way, in a similar case, tomorrow,without explaining why.”
Readthe following news report and,
√ Identifythe governments at different levels
√ Identifythe role of Supreme Court
√ Whatelements of the working of judiciary and executive can you identifyin it?
√ Identifythe policy issues, matters related to legislation, implementation andinterpretation of the law involved in this case.
Centre,Delhi join hands on CNG issue
ByOur Staff Reporter, The Hindu 23 September 2001
NEWDELHI, SEPT. 22. The Centre and the Delhi Government today agreed tojointly approach the Supreme Court this coming week… forphasing out of all non-CNG commercial vehicles in the Capital. Theyalso decided to seek a dual fuel policy for the city instead ofputting the entire transportation system on the single-fuel mode“which was full of dangers and would result in disaster.’’
Itwas also decided to discourage the use of CNG by private vehicleowners in the Capital. Both governments would press for allowing theuse of 0.05 per cent low sulphur diesel for running of buses in theCapital. In addition, it would be pleaded before the Court that allcommercial vehicles, which fulfill the Euro-II standards, should beallowed to ply in the city. Though both the Centre and the Statewould file separate affidavits, these would contain common points.The Centre would also go out and support the Delhi Government’sstand on the issues concerning CNG.
Thesedecisions were taken at a meeting between the Delhi Chief Minister,Ms. Sheila Dikshit, and the Union Petroleum and Natural Gas Minister,Mr. Ram Naik.
Ms.Dikshit said the Central Government would request the court that inview of the high powered Committee appointed under Dr. R.A. Mashelkarto suggest an “Auto Fuel Policy”’ for the entirecountry, it would be appropriate to extend the deadline as it was notpossible to convert the entire 10,000-odd bus fleet into CNG duringthe prescribed time frame. The Mashelkar Committee is expected tosubmit its report within a period of six months.
TheChief Minister said time was required to implement the courtdirectives. Referring to the coordinated approach on the issue, Ms.Dikshit said this would take into account the details about thenumber of vehicles to be run on CNG, eliminating long queues outsideCNG filling stations, the CNG fuel requirements of Delhi and the waysand means to implement the directive of the court.
TheSupreme Court had …refused to relax the only CNG norm for thecity’s buses but said it had never insisted on CNG for taxisand auto rickshaws. Mr. Naik said the Centre would insist on allowinguse of low sulphur diesel for buses in Delhi as putting the entiretransportation system dependent on CNG could prove to be disastrous.The Capital relied on pipeline supply for CNG and any disruptionwould throw the public transport system out of gear.
Readthe news report below and identify the following aspects:
√ Whatis the case about?
√ Whohas been the beneficiary in the case?
√ Whois the petitioner in the case?
√ Visualisewhat would have been the different arguments put forward by thecompany.
√ Whatarguments would the farmers have put forward?
SupremeCourt orders REL to pay Rs 300 crore to Dahanu farmers
OurCorporate Bureau 24 March 2005
Mumbai:The Supreme Court has ordered Reliance Energy to pay Rs. 300crore to farmers who grow the chikoo fruit in the Dahanu area outsideMumbai. The order comes after the chikoo growers petitioned the courtagainst the pollution caused by Reliance’s thermal power plant.
Dahanu,which is 150 km from Mumbai, was a self-sustaining agricultural andhorticultural economy known for its fisheries and forests just over adecade ago, but was devastated in 1989 when a thermal power plantcame into operation in the region. The next year, this fertile beltsaw its first crop failure. Now, 70 per cent of the crop of what wasonce the fruit bowl of Maharashtra is gone. The fisheries have shutand the forest cover has thinned. Farmers and environmentalists saythat fly ash from the power plant entered ground water and pollutedthe entire eco-system. The Dahanu Taluka Environment ProtectionAuthority ordered the thermal station to set up a pollution controlunit to reduce sulphur emissions, and in spite of a Supreme Courtorder backing the order the pollution control plant was not set upeven by 2002. In 2003, Reliance acquired the thermal station andre-submitted a schedule for installation process in 2004. As thepollution control plant is still not set up, the Dahanu TalukaEnvironmental Protection Authority asked Reliance for a bankguarantee of Rs. 300 crores.
Whatare the different provisions in the Constitution in order to maintainthe independence of judiciary?
Howis judicial activism related to the protection of fundamental rights?Has it helped in expanding the scope of fundamental rights?
Doyou think that judicial activism can lead to a conflict between thejudiciary and the executive? Why?
Inwhat way can public interest litigation help the poor?
Readthe following statements: Match them with the different jurisdictionsthe Supreme Court can exercise - Original, Appellate, and Advisory.
√ Thegovernment wanted to know if it can pass a law about the citizenshipstatus of residents of Pakistan-occupied areas of Jammu and Kashmir.
√ Inorder to resolve the dispute about river Cauvery the government ofTamil Nadu wants to approach the court.
√ Courtrejected the appeal by people against the eviction from the dam site.
Thefollowing is a statement about Ecuador. What similarities ordifferences do you find between this example and the judicial systemin India?
“Itwould be helpful if a body of common law, or judicial precedent,existed that could clarify a journalist’s rights.Unfortunately, Ecuador’s courts don’t work that way.Judges are not forced to respect the rulings of higher courts inprevious cases. Unlike the US, an appellate judge in Ecuador (orelsewhere in South America, for that matter) need not provide awritten decision explaining the legal basis of a ruling. A judge mayrule one way today and the opposite way, in a similar case, tomorrow,without explaining why.”
Readthe following news report and,
√ Identifythe governments at different levels
√ Identifythe role of Supreme Court
√ Whatelements of the working of judiciary and executive can you identifyin it?
√ Identifythe policy issues, matters related to legislation, implementation andinterpretation of the law involved in this case.
Centre,Delhi join hands on CNG issue
ByOur Staff Reporter, The Hindu 23 September 2001
NEWDELHI, SEPT. 22. The Centre and the Delhi Government today agreed tojointly approach the Supreme Court this coming week… forphasing out of all non-CNG commercial vehicles in the Capital. Theyalso decided to seek a dual fuel policy for the city instead ofputting the entire transportation system on the single-fuel mode“which was full of dangers and would result in disaster.’’
Itwas also decided to discourage the use of CNG by private vehicleowners in the Capital. Both governments would press for allowing theuse of 0.05 per cent low sulphur diesel for running of buses in theCapital. In addition, it would be pleaded before the Court that allcommercial vehicles, which fulfill the Euro-II standards, should beallowed to ply in the city. Though both the Centre and the Statewould file separate affidavits, these would contain common points.The Centre would also go out and support the Delhi Government’sstand on the issues concerning CNG.
Thesedecisions were taken at a meeting between the Delhi Chief Minister,Ms. Sheila Dikshit, and the Union Petroleum and Natural Gas Minister,Mr. Ram Naik.
Ms.Dikshit said the Central Government would request the court that inview of the high powered Committee appointed under Dr. R.A. Mashelkarto suggest an “Auto Fuel Policy”’ for the entirecountry, it would be appropriate to extend the deadline as it was notpossible to convert the entire 10,000-odd bus fleet into CNG duringthe prescribed time frame. The Mashelkar Committee is expected tosubmit its report within a period of six months.
TheChief Minister said time was required to implement the courtdirectives. Referring to the coordinated approach on the issue, Ms.Dikshit said this would take into account the details about thenumber of vehicles to be run on CNG, eliminating long queues outsideCNG filling stations, the CNG fuel requirements of Delhi and the waysand means to implement the directive of the court.
TheSupreme Court had …refused to relax the only CNG norm for thecity’s buses but said it had never insisted on CNG for taxisand auto rickshaws. Mr. Naik said the Centre would insist on allowinguse of low sulphur diesel for buses in Delhi as putting the entiretransportation system dependent on CNG could prove to be disastrous.The Capital relied on pipeline supply for CNG and any disruptionwould throw the public transport system out of gear.
Readthe news report below and identify the following aspects:
√ Whatis the case about?
√ Whohas been the beneficiary in the case?
√ Whois the petitioner in the case?
√ Visualisewhat would have been the different arguments put forward by thecompany.
√ Whatarguments would the farmers have put forward?
SupremeCourt orders REL to pay Rs 300 crore to Dahanu farmers
OurCorporate Bureau 24 March 2005
Mumbai:The Supreme Court has ordered Reliance Energy to pay Rs. 300crore to farmers who grow the chikoo fruit in the Dahanu area outsideMumbai. The order comes after the chikoo growers petitioned the courtagainst the pollution caused by Reliance’s thermal power plant.
Dahanu,which is 150 km from Mumbai, was a self-sustaining agricultural andhorticultural economy known for its fisheries and forests just over adecade ago, but was devastated in 1989 when a thermal power plantcame into operation in the region. The next year, this fertile beltsaw its first crop failure. Now, 70 per cent of the crop of what wasonce the fruit bowl of Maharashtra is gone. The fisheries have shutand the forest cover has thinned. Farmers and environmentalists saythat fly ash from the power plant entered ground water and pollutedthe entire eco-system. The Dahanu Taluka Environment ProtectionAuthority ordered the thermal station to set up a pollution controlunit to reduce sulphur emissions, and in spite of a Supreme Courtorder backing the order the pollution control plant was not set upeven by 2002. In 2003, Reliance acquired the thermal station andre-submitted a schedule for installation process in 2004. As thepollution control plant is still not set up, the Dahanu TalukaEnvironmental Protection Authority asked Reliance for a bankguarantee of Rs. 300 crores.
Whatare the different provisions in the Constitution in order to maintainthe independence of judiciary?