Question

Which of the following statements about the judiciary is false?
A) Every law passed by the Parliament needs judicial approval
B) Judiciary can strike down a lane if it goes against the spirit of the Indian constitution
C) Judiciary is independent of the executive
D) Any citizen can approach the court if his/ her rights are violated

Answer 1

Hint: In the name of the state, the judiciary is a system of courts that interprets, defends, and applies the law. The judiciary can also be viewed as a vehicle for resolving disagreements. The judiciary, under the idea of separation of powers, interprets, defends, and applies the law to the facts of each case, rather than making statutory law (which is the role of the legislature) or enforcing it (which is the responsibility of the administration). In some countries, however, the judiciary does create common law.

Complete answer:
Every law passed by the Parliament needs judicial approval. The statement is false about the judiciary.
- The Indian Parliament is made up of the Rajya Sabha, Lok Sabha, and the President. As a result, none of the legislation passed by the Houses can take effect unless the President signs them.
- District Courts, State High Courts, and the Supreme Court of India make up the Indian judicial system. The term "judiciary" refers to all of India's courts, which operate at various levels.
- The Supreme Court of India's decision is binding on all other Indian courts.
- Any issue between state governments and the federal government can be brought before the Supreme Court.
- Any disagreement between two or more state governments can be heard by the Supreme Court.
- Any dispute between the government and citizens can be brought to the Supreme Court.
- Any citizen-to-citizen dispute can be heard by the Supreme Court.
- In India, neither the legislature nor the executive may exert authority over the judiciary.
Court justices cannot be influenced by the prevailing party or administration.
- The President of India appoints Supreme Court and High Court judges in collaboration with the Chief Justice of the Supreme Court and on the advice of the Prime Minister.
- The Supreme Court and High Courts of India can interpret the Indian Constitution.
- If the courts find that any of the laws passed by the federal government or state governments are unconstitutional, the laws might be declared unlawful.
- According to a Supreme Court of India judgment, the Indian constitution's core principles or basic principles cannot be modified.

Therefore the correct answer is option ‘A’.

Note: The judicial branch in many jurisdictions has the power to amend legislation through the judicial review process. When state laws and norms are found to be incompatible with a higher norm, such as main legislation, constitutional provisions, treaties, or international law, courts having judicial review power may overturn them. Judges are a major force in the interpretation and execution of a constitution, and thereby create the body of constitutional law in common law countries.