Read the following news report and,
1. Identify the governments at different levels.
2. Identify the role of Supreme Court.
3. What elements of the working of judiciary and executive can you identify in it?
4. Identify the policy issues, matters related to legislation, implementation and interpretation of the law involved in this case.Centre—Delhi joins hands on CNG issue—
By our Staff Reporter, The Hindu 23 September, 2001
New Delhi Sept. 22. The Centre and the Delhi Government today agreed to jointly approach the Supreme Court this coming week.... for phasing out all non-CNG commercial vehicles in the Capital. They also decided to seek a dual fuel policy for the city instead of putting the entire transportation system on the single-fuel mode “which was full of dangers and would result in disaster.”
It was also decided to discourage the use of CNG by private vehicle owners in the Capital. Both governments would press for allowing the use of 0.05 per cent low sulphur diesel for running of buses in the Capital. In addition, it would, be pleaded before the Court that all commerical vehicles, which fulfil the Euro-Il standards, should be allowed to ply in the city. Though both the Centre and the State would file separate affidavits, these would contain common points. The Centre would also go out and support the Delhi Government’s stand on the issues concerning CNG.
These decisions were taken at a meeting between the Delhi Chief Minister, Ms. Sheila Dikshit, and the Union Petroleum and Natural Gas Minister, Mr. Ram Naik.
Ms. Dikshit said the Central Government would request the Court that in view of the high powered committee appointed under, Dr. R. A. Mashelkar, to suggest an “Auto Fuel Policy” for the entire country, it would be appropriate to extend the deadline as it was not possible to convert the entire 10000 odd bus fleet into CNG during the prescribed time frame. The Mashelkar Committee is expected to submit its report within a period of six months.
The Chief Minister said time was required to implement the court directives. Referring to the coordinated approach on the issue, Ms. Dikshit said this would take into account the details about the number of vehicles to be run on CNG, eliminating long queues outside CNG filling stations, the CNG fuel requirements of Delhi and the ways and means to implement the directive of the court.
The Supreme Court had......refused to relax the only CNG norm for the city’s buses but said it had never insisted on CNG for taxis and auto rickshaws. Mr. Naik said the Centre would insist on allowing use of low sulphur diesel for buses in Delhi as putting the entire transportation system dependent on CNG could prove to be disastrous. The Capital relied on pipeline supply for CNG and any disruption would throw the public transport system out of gear.
1. The Central Government and the Delhi Government.
2. The role of Supreme Court is that to see that the government policies and actions at central as well as states are in tune with the parameters of the pollution control regimes or not. If not – it has to see that the governments comply with these parameters. It is in these regards that the Supreme Court had asked for phasing out all non-CNG commercial vehicles on Sept. 22, 2001 within a week. Keeping in view the difficulties in implementing it, the Supreme Court later gave a breather to the government that it had never insisted on CNG for taxis and auto rickshaws but it refused to relax the only CNG norm for city’s buses.
3. This episode shows the judicial activism of the Courts. The Supreme Court was concerned about the environmental degradation in the city. To stop the delaying to cities of the Delhi Government, it had come heavily and had directed for phasing out of all non-CNG Commercial vehicles in week. It is the duty of the government to ensure a pollution free environment. Here check and balance was also operating between the executive and the judiciary. The Judiciary has to see that the government does not byepass its commitments. The Contempt of Court may follow if the government is not able to comply with the direction of the supreme court.
What are the different ways in which the independence of the judiciary is ensured? Choose the odd ones out.
Chief Justice of the Supreme Court is consulted in the appointment of other judges of Supreme Court.
Judges are generally not removed before the age of retirement.
Judge of a High Court cannot be transferred to another High Court.
Judge of a High Court cannot be transferred to another High Court.
A.
Chief Justice of the Supreme Court is consulted in the appointment of other judges of Supreme Court.
C.
Judge of a High Court cannot be transferred to another High Court.
Read the news report below and identify the following aspects:
✓ What is the case about?
✓ Who has been the beneficiary in the case?
✓ Who is the petitioner in the case?
✓ Visualise what would have been the different arguments put forward by the company.
✓ What arguments would the farmers have put forward?The Supreme Court orders REL to pay Rs. 300 crore to Dahanu farmers—
Our Corporate Bureau 24 March, 2005.
Mumbai: The Supreme Court has ordered Reliance Energy to pay Rs. 300 crores to farmers who grow the chikoo fruit in the Dahanu area outside Mumbai. The order comes after the chikoo growers petitioned the court against the pollution caused by Reliance’s thermal power plant.
Dahanu which is 150 km from Mumbai, was a self–sustaining agricultural and horticultural economy known for its fisheries and forests just over a decade ago, but was devastated in 1989 when a thermal power plant came into operation in the region. The next year, this fertile belt saw its first crop failure. Now 70 per cent of the crop of what was once the fruit bowl of Maharashtra is gone. The fisheries have shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered ground water and polluted the entire eco-system. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, and in spite of a Supreme Court order backing the order the pollution control plant was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for installation process in 2004. As the pollution control plant is still not set up, the Dahanu Taluka Environmental Protection Authority asked Reliance for a bank guarantee of Rs. 300 crores.
1. This is a case of pollution by Reliance thermal power plant.
2. The farmers has been the beneficiary in this case.
3. The chikoo growers of Dahanu are the petitioners in this case.
4. The main contention of the Dhahanu Taluka Environmental Protection Authorty and the Supreme Court was about setting up of the pollution control plant. Reliance acquired the plant only in 2003, so it would have pleaded for the further extension of the time limit for the setting up of the pollution control plant. I would have also argued that the pollution was not wholly of its making as it had acquired the plant in 2003. Accordingly it would have argued for the reduction in the penalty.
5. The farmers might had argued that since Reliance had failed in its commitment to install, the pollution control unit in 2004, it did not had intentions to do it. So it must be penalized more.
What are the different provisions in the Constitution in order to maintain the independence of judiciary?
Or
What are the provisions on the Indian Constitution that ensure the Independence of Judiciary in India?
I. Meaning of Independence of Judiciary: The independence of judiciary means that the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary is such a way that it is unable to do justice. It also means that the judges are able to perform their functions without fear or favour and the other organs of the government should no interfere with the decision of the judiciary.
II. Provisions: The Indian Constitution seeks to achieve the independence of judiciary through a number of measures described in its provisions such as:
1. Appointment of Judges: To avoid the consideration of party politics, the legislature has no say in the appointment of judges.
2. Fixed Tenure: The judges have a fixed tenure. They hold office till they reach the age of retirement. Only in exceptional cases the judges may be removed. The constitution prescribes a very difficult procedure for the removal of judges.
3. Financial Independence: The judiciary is not financially dependent on the other organs of the government – legislature and executive. The constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature.
4. Immunity from Criticism: The action and decisions of the judges are immune from the personal criticisms.
5. Contempt of court: The judiciary has power to penalize those who are found guilty of the contempt of court.
6. No Discussion of the conduct of Judges in Parliament: The constitution specifically bars the Parliament from discussing the conduct of the judges except. When inpeachment proceedings are being carried out.
Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.
The independence of judiciary does not mean that the judiciary is not accountable to any one. But the independence of judiciary means that no other organs of the government would restrain the functioning of the judiciary and the judges would perform their functions without any fear or favour. The independence of judiciary does not imply arbitrariness. Judiciary also is a part of the democratic political structure. It is, therefore accountable to the Constitution, to the democratic traditions and to the people of the country.
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