PASSAGE – 3
Theoretically, though, the Judiciary is expected to adjudicate or evaluate the policies promulgated by the Legislative or Executive wing of the government, it, equally importantly, checks excesses committed by the other two branches and enforces the rights of the people in case of default or distortion by the Legislature and Executive in the discharge of duties, using the power of judicial review. The Judiciary is looked upon today, perhaps more than ever before, for removal of the maladies in public life. One reason may be the general disenchantment of people for the other limbs of government. While the Legislature and Executive in a parliamentary form of government are exposed to the pulls and pressures of the electoral forces, the judiciary well performs the entrusted task of holding the scales of justice even and aloft.
The transition from the colonial administration to the administration of a welfare state has generated onerous responsibilities for the Administration for securing and promoting the legitimate interests of the people. Today, the government has to undertake multifarious political, social and economic activities in discharge of its constitutional responsibilities and in the process exercise of a large measure of discretionary powers becomes inevitable. The increase of administrative power is fraught with the danger of its abuse.
Failure to use, as well as abuse, of its powers by the Administration is sure to disturb the heartbeat of social aspiration, thereby, necessitating appropriate correctional therapy. The judiciary operates as a mechanism of this correction and judicial activism serves as potent pacemaker to correct, as far as possible, malfunctioning in violation of the constitutional mandates and to stimulate the State organs to function in the right direction. Balanced judicial activism is, therefore, indispensable for imparting the needed vitality to the rule of law in a welfare state.
7. Today, why judiciary is expected to play other vital roles apart from providing justice?
(a) Legislature and Executive cannot alone discharge their constitutional duties.
(b) There is always a possibility of abuse of power by legislature and Executive.
(c) Pressure applied by the electoral forces alone cannot check the excesses committed by the Legislature and Executive.
(d) Administration of a welfare state involves a lot of duties to be performed and it cannot be done by Legislature and Executive only.
8. Which of the following is correct regarding Judicial Activism?
1. It acts as a pacemaker.
2. It is imperative to ensure the rule of a law.
3. It acts as a corrective measure against abuse of power by the state Machinery.
4. It acts against Executive and Legislature.
Select the correct option from the codes given below:
(a) 2 and 3 only
(b) 2, 3 and 4 only
(c) 1 and 4 only
(d) All 1, 2, 3 and 4
9. According to the passage, what are the challenges for administration of a welfare state?
(a) Political, Social and Economic activities.
(b) Increase in demand for the rights of the people.
(c) Balance between usage of administrative power and fulfilling the social demands of the people.
(d) To synchronize the discretionary powers of Legislature, Executive and the Judiciary.
10. According to the passage, which of the following can act as an example of Judiciary removing the maladies in public life?
1. A State institution ordered by Judiciary to properly carry out the development programme.
2. Judiciary taking a suo-motu action to ensure the constitutional rights of certain section of people.
Select the correct option from the codes given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2.
(d) Neither 1 nor 2
Answers:
7. Towards the end of last paragraph it is written that judicial activism is necessary for the rule of law in welfare state it does not mean that judiciary itself will look after administration of welfare state. Thus, (d) is incorrect. Similary, (a) is incorrect as passage is no where mentioning that legislature and executive are unable to fulfill their constitutional duties and they need a help of judiciary. Legislature and executive are subtitled to electoral forces pressure but that does not mean that these pressure are checking excesses by legislature and executive. Thus, (c) ruled out. Hence, (b) is the correct option.
8. Pacemaker used as a symbol but not to define the judiciary. Thus 1 is not correct. Judiciary checks the excesses by legislature and executive, it cannot be infer that judiciary is against it. Thus 4 is also incorrect. Hence, (a) is the correct option.
9. In the second paragraph, it is written that administration should meet the demand of the people and if any abuse happened it should be checked properly by judiciary. Hence, (c) is the best option.
10. Judiciary checks the excesses, committed by legislature and executive and enforces the rights of the people and as written in the second paragraph ending that judiciary stimulate the state organs to function in the right direction. Thus, judiciary can be proactive towards people's right and it can order state institutions as well. Hence, (c) is the correct option.
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