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Question

Q4. The powers and the independence of the Indian judiciary allow it to act as the guardian of Indian democracy. What are these powers?
1. Anyone can approach the higher judiciary if public interest is hurt by the actions of government.
2. Higher Judiciary can issue directives to check malpractices on the part of public officials.
Which of the above is/are correct?

A
a) 1 only
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B
b) 2 only
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C
c) Both 1 and 2
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D
d) None
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Solution

The correct option is C c) Both 1 and 2

Statement 1: This is called public interest litigation. The courts intervene to prevent the misuse of the government’s power to make decisions. For e.g. the first PIL was filed on the poor living condition of the jail inmates, the court took immediate action on the issue.
Statement 2: Courts can issue writs of Mandamus to warn public officials of lapse of duty and unruly behaviour. They can also order them to perform certain functions, for e.g. ensuring passenger safety on roads or safety of women at workplaces (Vishakha guidelines).


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