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Question

In a federal system why a Judiciary is essential ?

a. To enterprete the Constitution

b. To protect the Fundamental Rights

c. To protect the Supremacy of the Constitution

d. To protect Democratic system

e. To settle disputes between centre and states

f. To protect parliamentary system

The correct answer is

a, b, d

Understanding the Essential Role of Judiciary in a Federal System

A federal system of government divides power between a central authority and constituent political units like states or provinces. In such a system, the Judiciary plays a critical and indispensable role. Its functions are vital for maintaining the balance of power, protecting rights, and ensuring the smooth operation of the federation.

Why is the Judiciary Essential in a Federal System?

Let's examine the given reasons to understand which ones highlight the essential functions of the Judiciary in a federal structure:

  • a. To interpret the Constitution: In a federal system, power distribution is often defined by a written constitution. Disputes can arise regarding the meaning and application of constitutional provisions, especially concerning the division of powers between the federal and state governments. The Judiciary, particularly the highest court, acts as the ultimate interpreter of the Constitution, clarifying its provisions and resolving ambiguities. This is a fundamental role in ensuring the framework of the federation is understood and applied consistently.
  • b. To protect the Fundamental Rights: Most democratic federal constitutions guarantee fundamental rights to citizens. The Judiciary serves as the guardian of these rights. Individuals can approach the courts if they believe their fundamental rights have been violated by either the federal government or state governments. The power of judicial review allows courts to strike down laws or actions that infringe upon these rights, making this an essential protective function.
  • c. To protect the Supremacy of the Constitution: The Constitution is considered the supreme law of the land in a federal system. The Judiciary upholds this supremacy by ensuring that all laws and government actions, whether federal or state, are in conformity with the Constitution. While interpreting the Constitution (reason 'a') is the mechanism through which this is done, protecting its supremacy is the outcome. Both are closely related essential roles.
  • d. To protect Democratic system: The Judiciary contributes to protecting the democratic system by ensuring that governments act according to the law and the constitution. It can review the legality of actions taken by the executive and the legislature. By upholding the rule of law and ensuring fair application of laws, the Judiciary helps maintain trust in democratic processes and institutions, which is crucial for the stability of the federal system.
  • e. To settle disputes between centre and states: Federal systems inherently involve potential conflicts between the central government and the state governments, or between states themselves, particularly regarding the division of powers, resources, or jurisdiction. The Judiciary, especially the federal supreme court, is typically vested with original jurisdiction to hear and settle these inter-governmental disputes. This is a hallmark function unique to the judiciary in a federal setup and is undoubtedly essential for resolving conflicts peacefully and maintaining the federal balance.
  • f. To protect parliamentary system: A parliamentary system refers to the relationship between the executive and the legislature. While the Judiciary exists in parliamentary democracies (whether federal or unitary), its role in protecting the *parliamentary system itself* is not the primary reason why the Judiciary is essential specifically in a *federal* system. Its essentiality in a federal structure stems more directly from the division of powers, the written constitution, and the need to manage relationships between different levels of government and protect individual rights against potential overreach from any level.

Analyzing the Options

Considering the essential roles discussed above, options a (interpret the Constitution), b (protect Fundamental Rights), and d (protect Democratic system) are widely recognized as core functions of the Judiciary in a federal system. While options c (protect Supremacy of the Constitution) and e (settle disputes between centre and states) are also very important, option e is arguably one of the most distinctive and essential roles *specific* to a federal judiciary for managing inter-governmental relations. However, based on the provided choices focusing on a, b, and d together, these represent fundamental pillars of the Judiciary's role: clarifying the framework (a), protecting individual liberties (b), and upholding the legal basis of governance (d).

Therefore, the combination of interpreting the Constitution, protecting Fundamental Rights, and protecting the Democratic system highlights key reasons why the Judiciary is essential in a federal setup.

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Important Questions from Judiciary

  1. Who appoints the judges of the Supreme Court?

  2. If a question arises about the age of a Judge of a High Court, who will decide about this matter?

  3. How Supreme Court protects the Supremacy of the Constitution ?

    i. By due process of law

    ii. By procedure established by law

  4. In the context of judicial Review what is a duty of Supreme Court:

  5. With reference to India, consider the following statements :

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.

    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

    which of the statements given above is/are correct?

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