Role of Judiciary in Social Change and Policy Interpretation
Indian Polity & Governance
- PYQs8
- Articles1
Background
This concept is essential for understanding the dynamic interplay between the judiciary, executive, and legislature, the evolution of constitutional principles, and the judiciary's role as a guardian of social justice and fundamental rights in India.
The judiciary, through its power of judicial review and interpretation of laws, plays a crucial role in shaping social norms, upholding constitutional values, and driving social change by addressing societal inequalities and gaps in existing legislation or policy.
Facts & tables
- Proactive Interpretation
- The Supreme Court's Shishupal judgment proactively re-evaluated and quantified the economic contribution of homemakers, correcting a long-standing societal undervaluation.
- Expanding Legal Scope
- This judgment exemplifies judicial interpretation expanding the scope of compensation laws to include previously unacknowledged economic contributions.
- Influencing Social Policy
- The ruling demonstrates the judiciary's capacity to influence social policy and economic recognition beyond direct legislative action.
- Correcting Inequities
- It highlights the judiciary's role in addressing societal inequities and ensuring social justice through legal pronouncements.
| Type | Reference |
|---|---|
| Conceptual area | Constitutionalism |
| Conceptual area | Judicial Activism |
| Conceptual area | Separation of Powers |
| Body | Role |
|---|---|
| Supreme Court of India | Interprets laws and sets precedents |
Prelims angle
Prelims angle: Statement-based questions
Prelims angle: Conceptual understanding
- SC's Shishupal judgment is an instance of judicial intervention for social justice.
- It re-interprets compensation law to include economic value of homemakers.
- Demonstrates judiciary's role in correcting societal undervaluation.
- Highlights the dynamic nature of legal interpretation in response to social needs.
- Impacts social policy and economic recognition beyond direct legislation.
| Year | Framing tags |
|---|---|
| 2023 | Factual recall, Conceptual understanding |
| 2023 | Conceptual understanding, Terminology-based question |
| 2021 | Statement-based questions, Conceptual understanding |
| 2021 | Conceptual understanding, Institutional roles and functions |
| 2019 | Statement-based questions, Conceptual understanding |
| 2019 | Conceptual understanding, Institutional roles and functions |
| 2019 | Multi-statement analysis, Factual recall |
| 2018 | Statement-based questions, Conceptual understanding |
Timeline
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Constitutionalism
Conceptual area
-
Judicial Activism
Conceptual area
-
Separation of Powers
Conceptual area
-
Prelims 2018
Statement-based questions, Conceptual understanding
-
Prelims 2019
Statement-based questions, Conceptual understanding
-
Prelims 2019
Conceptual understanding, Institutional roles and functions
-
Prelims 2019
Multi-statement analysis, Factual recall
-
Prelims 2021
Statement-based questions, Conceptual understanding
-
Prelims 2021
Conceptual understanding, Institutional roles and functions
-
Prelims 2023
Factual recall, Conceptual understanding
-
Prelims 2023
Conceptual understanding, Terminology-based question
-
Step forward: On the Shishupal judgment
The Shishupal judgment underscores the Supreme Court's active role in driving social change by interpreting existing laws to address societal inequities, specifically by economically valuing unpaid domestic work, thereby influencing social policy and recognition.
See also
Past papers
2018–2023 · 8 questions
In the news
Step forward: On the Shishupal judgment
The Shishupal judgment underscores the Supreme Court's active role in driving social change by interpreting existing laws to address societal inequities, specifically by economically valuing unpaid domestic work, thereby influencing social policy and recognition.
Try these PYQs
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, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
Article 142 of the Indian Constitution empowers the Supreme Court to pass orders and decrees necessary to ensure "complete justice" in any case before it. This power is vast and extraordinary. Article 142 allows the Supreme Court to ensure that ordinary laws comply with the Constitution and that complete justice is delivered. Even if an ordinary law creates limitations, the Supreme Court can override it using Article 142 to achieve a just outcome.
In essence, what does 'Due Process of Law' mean?
* Option (a) is correct: The concept of 'Due Process of Law' primarily means that the procedure through which a person is deprived of life or liberty must be fair, just, and reasonable, following the principles of natural justice. It ensures that laws are not only enacted properly but also applied fairly and reasonably. * Option (b) is not correct: The phrase 'Procedure established by law', used in Article 21 of the Indian Constitution, refers to any procedure laid down by law, even if it is unfair. However, after the Maneka Gandhi v. Union of India (1978) judgment, the Supreme Court read into Article 21 the American concept of ‘Due Process of Law’, ensuring fairness and reasonableness in both substance and procedure. * Option (c) is not entirely correct: While fair application of law is part of due process, the phrase ‘Due Process of Law’ has a broader meaning that encompasses substantive fairness, procedural justice, and conformity with natural justice. Hence, option (a) captures its essence more accurately. * Option (d) is not correct: Equality before law (Article 14) is a distinct constitutional principle and not equivalent to due process.
Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
Option A is correct. In a federal system, power is distributed between the central government and the states. There can be disputes about the division of power or interpretation of the Constitution.
An independent judiciary acts as an impartial umpire to settle these disputes and uphold the Constitution. It ensures that both the central government and the states function within their constitutional boundaries.The other options, while relevant to Indian polity, are not exclusive to federal systems Option B is incorrect. The Union Legislature having elected representatives from constituent units is a common feature in both federal and some unitary states with devolved power. Option C is incorrect. The Union Cabinet having elected representatives from regional parties is not a defining characteristic of federalism. Political party affiliation doesn't necessarily determine the federal structure. Option D is incorrect. The Fundamental Rights being enforceable by Courts of Law, while essential for a democracy, this feature exists even in some non-federal states.
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.
Show 3 more PYQs
Consider the following statements :
1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The Constitution of India defines and gives details of what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of the total membership of that House and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct?
Statement 1 is incorrect: The Judges (Inquiry) Act, 1968, explicitly gives the Speaker of the Lok Sabha (or the Chairman of the Rajya Sabha) the discretion to either admit or refuse to admit a motion for the removal of a judge. If the motion is not in order or is deemed frivolous, the Speaker can reject it at the initial stage itself. This power was notably exercised by the Chairman of the Rajya Sabha in 2018 when he rejected an impeachment motion against the then Chief Justice of India. Statement 2 is incorrect: The terms "incapacity" and "proven misbehaviour", which are grounds for the removal of a judge under Article 124(4) of the Constitution, are not explicitly defined in the Constitution. Their interpretation has evolved through judicial pronouncements and parliamentary discussions. Statement 3 is correct: The constitutional provisions related to the removal of judges are found in Articles 124(4), 124(5), 217, and 218. Additionally, the process is governed by the Judges (Inquiry) Act, 1968, which outlines the procedural framework for investigating misconduct and incapacity. Statement 4 is correct: As per Article 124(4) of the Constitution, for a motion seeking the removal of a Supreme Court or High Court judge to proceed, it must be passed by:
- A majority of the total membership of the House, and
- A majority of not less than two-thirds of the members present and voting.
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.
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
* The First Amendment Act, of 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled * Tribes. The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution. * The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of similar judicial pronouncements, Article 15 was amended. * Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom. The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19. Note: UPSC deleted this question when the final answer key was issued.