Judicial Intervention for Social Justice
Indian Polity & Governance
- PYQs8
- Articles1
Background
UPSC assesses understanding of the judiciary's role in governance, its function as a protector of fundamental rights (especially for vulnerable groups), the concept of judicial activism/intervention, and the impact of judicial pronouncements on policy and administration, particularly in areas of social justice.
The Indian judiciary, particularly the Supreme Court, plays a crucial role in upholding the Constitution and protecting fundamental rights, often intervening through Public Interest Litigations (PILs) to address systemic failures and ensure social justice for vulnerable sections of society. This proactive approach is often termed judicial activism.
Facts & tables
- Nature of intervention
- Issued comprehensive guidelines for victim protection protocols
- Context of intervention
- Addressed inadequacy of existing laws and institutional support
- Duration of case
- Pending for over 22 years in the apex court
- Constitutional basis
- Highlighted trafficking as an affront to constitutional dignity
| Type | Reference |
|---|---|
| Conceptual area | Constitutional & Statutory Bodies |
| Conceptual area | Fundamental Rights |
| Conceptual area | Separation of Powers & Constitutional Ideals |
| Body | Role |
|---|---|
| Supreme Court of India | Issues guidelines, upholds constitutional dignity |
Prelims angle
Prelims angle: Definition-based questions
Prelims angle: Institutional roles and functions
- SC's proactive role in ensuring social justice.
- Issues guidelines to protect vulnerable sections (e.g., trafficking survivors).
- Addresses gaps in existing laws and institutional support.
- Upholds constitutional dignity and fundamental rights (e.g., Article 21).
- Demonstrates judicial activism/intervention in public interest.
| Year | Framing tags |
|---|---|
| 2024 | Definition-based questions, Institutional roles and functions |
| 2024 | Factual recall, Conceptual understanding |
| 2023 | Multi-statement analysis, Factual recall |
| 2023 | Statement-based questions, Conceptual understanding |
| 2021 | Statement-based questions, Conceptual understanding |
| 2019 | Statement-based questions, Conceptual understanding |
| 2018 | Statement-based questions, Conceptual understanding |
| 2014 | Factual recall, Institutional roles and functions |
Timeline
-
Constitutional & Statutory Bodies
Conceptual area
-
Fundamental Rights
Conceptual area
-
Separation of Powers & Constitutional Ideals
Conceptual area
-
Prelims 2014
Factual recall, Institutional roles and functions
-
Prelims 2018
Statement-based questions, Conceptual understanding
-
Prelims 2019
Statement-based questions, Conceptual understanding
-
Prelims 2021
Statement-based questions, Conceptual understanding
-
Prelims 2023
Multi-statement analysis, Factual recall
-
Prelims 2023
Statement-based questions, Conceptual understanding
-
Prelims 2024
Definition-based questions, Institutional roles and functions
-
Prelims 2024
Factual recall, Conceptual understanding
-
Supreme Court issues guidelines for protecting survivors of human trafficking
The Supreme Court actively intervenes to ensure social justice and protect vulnerable groups, as demonstrated by its guidelines on human trafficking. This highlights its role in filling legislative gaps, upholding constitutional dignity, and addressing long-pending issues, often through a proactive approach.
See also
Past papers
2014–2024 · 8 questions
In the news
Supreme Court issues guidelines for protecting survivors of human trafficking
The Supreme Court actively intervenes to ensure social justice and protect vulnerable groups, as demonstrated by its guidelines on human trafficking. This highlights its role in filling legislative gaps, upholding constitutional dignity, and addressing long-pending issues, often through a proactive approach.
Try these PYQs
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Writ of Prohibition: * It is a judicial order issued by a higher court (Supreme Court or High Court) to a lower court or tribunal. * It prevents the lower court from exceeding its jurisdiction or acting contrary to law. * Purpose: To stop ongoing proceedings in a case where the lower court lacks jurisdiction or violates legal procedures. * Nature: It is preventive, ensuring the lower court does not act unlawfully rather than correcting a wrong decision after it has occurred. * Example: If a tribunal starts hearing a case that legally falls under the jurisdiction of a civil court, the Writ of Prohibition can halt such proceedings. * Comparison with Certiorari: Prohibition is issued before judgment to stop proceedings, whereas Certiorari is issued after judgment to quash orders passed unlawfully.
The power to increase the number of judges in the Supreme Court of India is vested in
According to article 124(1), There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than thirty-three other Judges.
Thus, the Constitution vests the authority to increase the number of Judges in the Parliament.
With reference to Indian Judiciary, consider the following statements:
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
Statement 1 is correct: Under Article 128, the Chief Justice of India may, at any time, with the previous consent of the President, request a retired Judge of the Supreme Court or a retired Judge of a High Court (who is duly qualified) to sit and act as a Judge of the Supreme Court. Statement 2 is not correct: Although there is no explicit Article in the Constitution equivalent to Article 137 (which grants review power to the SC) for High Courts, the High Courts are "Courts of Record" under Article 215. As a Court of Record, a High Court has the inherent power to review its own orders and judgments to correct any patent error or prevent a miscarriage of justice. This has been affirmed by the Supreme Court in various rulings.
Consider the following statements:
1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid.
2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place.
3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.
How many of the above statements are correct?
* Statement 1 is incorrect: If the election of a person as President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated and continue to remain in force. * Statement 2 is incorrect: The Supreme Court in 1974 held that the dissolution of the state legislative assembly would not be a ground for preventing the holding of the election on the expiry of the term of the President. Nor can it be grounds to suggest that the election to the office of the President could be held only after the election to the state is held, where the Legislative Assembly of a State is dissolved. * Statement 3 is incorrect: The Constitution of India does not prescribe any time limit within which the President has to decide concerning a bill presented to him/her for his/her assent. Thus the President of India can simply keep the bills pending for an indefinite period.
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
* The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined in the Constitution of India. * The court held that this right is protected under Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty. * Article 21: States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy. _While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:_ * Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. * Article 16: Guarantees equality of opportunity in matters of public employment. * Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.
Show 3 more PYQs
Consider the following statements:
Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of the administration.
Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.
Which one of the following is correct in respect of the above statements?
* Statement I is correct: It has frequently been argued that reservation is contrary to efficiency and merit. Even the Supreme Court of India appeared to have agreed with this argument in some of its judgments, holding that Article 335 mention of the term efficiency of administration will limit the scope of Article 16(4) provision for reservation in services. * Statement II is incorrect: Article 335 of the Constitution of India states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. * Article 335 of the Indian Constitution only mentions the efficiency of administration and does not define the same.
Consider the following statements :
1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Which of the statements given above is/are correct?
Statement 1 is correct: The Ninth Schedule was introduced through the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights (Part III of the Constitution). Statement 2 is incorrect: The protection under the Ninth Schedule is not absolute. As per the Kesavananda Bharati case (1973) and reaffirmed in the I.R. Coelho case (2007), laws placed in the Ninth Schedule after April 24, 1973, can still be challenged if they violate the "Basic Structure" of the Constitution. Thus, while the Ninth Schedule provides a degree of protection, the Supreme Court retains the power to review laws that undermine the Constitution’s core principles. Hence, the correct answer is option (a) 1 only.
With reference to the Constitution of India, consider the following statements:
1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements given above is/are correct?
Statement 1 is incorrect. High Courts have the power to declare central laws unconstitutional. This power is derived from their inherent jurisdiction to uphold the Constitution. Statement 2 is incorrect. While the Supreme Court cannot question the amending power of the Parliament, it can review the constitutional validity of an amendment. The landmark case of Kesavananda Bharati v. State of Kerala established the doctrine of the 'basic structure' of the Constitution. Any amendment that violates this basic structure can be declared unconstitutional by the Supreme Court.