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Political Science 5 Marks Question

Federalism · CBSE STD 11 Humanities (CBSE - English Medium). 5 questions.

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5 Marks Question

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Question 15 Marks
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?
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 crore 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 150km 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 percent 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.
Answer
  • The case is about the loss borne by the farmers in the production of chikoo because of the pollution generated by the thermal power plant of Reliance Energy.
  • The farmers have been the beneficiary in the case.
  • The chikoo growing farmers are the petitioner in the case.
The different arguments put forward by the company would be as follows:
  • Thermal power plants are needed to produce electricity to meet growing energy needs.
  • The thermal power plant should be set up outside the main city lest pollution affects large area and population.
  • The thermal power plant has generated employment in the region. Therefore, it has helped in solving the problem of employment up to some extent and also has contributed in the economy.
The arguments that the farmers would have put forward are as follows:
  • The loss in the production of the chikoo has adversely affected the agriculture and economy of the region
  • The shutting down of fishing industry has created unemployment in the region.
  • The increased pollution has affected the agricultural and fishing industries as well as health of people and animals of the region.
  • The forests have been destroyed as a result of pollution.
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Question 25 Marks
How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?
Answer
  • Judicial activism is related to the protection of fundamental rights as it has made the judiciary more approachable by the common people seeking justice.
  • The Supreme Court has the power to remedy the violation of fundamental rights by issuing writs of Habeas corpus and mandamus or by reviewing and declaring certain laws as unconstitutional.
  • The public interest litigation helps the poor to fight against discrimination.
  • In human working conditions, sexual exploitation of the children, blinding of the jail inmates by the police are some of the cases that have been considered by the courts, which has made rights meaningful and useful for the poor and disadvantaged people.
  • Issues related to better living conditions, like clean air and water and pollution free environment, have also helped in the expansion of the scope of fundamental rights.
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Question 35 Marks
In what way can public interest litigation help the poor?
Answer
In simple words, public interest litigation (PIL) means that the person and associations other than the sufferers have the right to seek justice on their behalf.
The concept states that a person can seek justice not only for himself but for any other means that has undergone a similar change.
  • Since 1979, the court has changed the trend for the poor in the situation or case, if the case was filed by others on behalf of aggrieved persons.
  • This case involved an important issue of public interest which involved the betterment of life of the poor.
  • Even the voluntary organizations sought judicial intervention for protection of existing rights of the poor.
  • Public Interest Litigation (PIL) is a tool. For judicial Activism which include protection of environment, prohibition of trafficking especially of women, bonded labour, grievances of weaker sections and relief for under trail prisoners in jail, etc.
  • The problems of the poor are of different kinds which can be solved by the intervention of Supreme Court. After filing Public Interest Litigation (PIL).
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Question 45 Marks
What are the different provisions in the constitution in order to maintain the independence of judiciary?
Answer
The different provisions in the constitution in order to maintain the independence of judiciary are:
  • The conduct of the judges cannot be discussed in the parliament.
  • The legislature is not involved in the process of appointment of judges.
  • The judges have fixed tenure that ensures that they can work fearlessly. They can be removed only in exceptional cases.
  • The removal of judges of the Supreme Court and the High Courts is extremely difficult.
  • The approval of the legislature is not required for salaries and allowances of the judges.
  • The authority of the judges protects them from any unfair criticism and the judiciary can penalise those who are guilty of contempt of court.
  • The instructions of the judiciary have to be followed by the legislature and executive of the country.
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Question 55 Marks
Read the following news report and,
  • Identify the governments at different levels.
  • Identify the role of Supreme Court.
  • What elements of the working of judiciary and executive can you identify in it?
  • Identify the policy issues, matters related to legislation, implementation and interpretation of the law involved in this case.
Centre, Delhi join 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 of 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 percent low sulphur diesel for running of buses in the Capital. In addition, it would be pleaded before the Court that all commercial vehicles, which fulfil the Euro-II 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 10,000-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.
Answer
  1. The central government and the Delhi Government.
  2. The role of the Supreme Court is 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 no 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 September, 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 norms for city’s buses.
  3. This episode shows that the judicial activism of the cour The Supreme Court was concerned about the environment degradation in the city. To stop the decaying, court directed the Delhi government, for phasing out all non-CNG commercial vehicles in a week. It s 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 bypass its commitments. The Contempt of Court may follow if the government is not able to comply with the direction of the Supreme Court.
  4. Due to this report it is necessary to remove pollution. All the commercial vehicles which are fulfilling Euro-2 are allowed to run in the city. Government wants to increase time period to convert its fleet of 10,000 buses into CNG.
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