Question

Read the passage given below and answer the questions that follow.

Chief Justice Marshall’s masterful verdict in Marbury versus Madison case has been hailed. In the face of attacks on the judiciary,...Marshall needed to make a strong statement to maintain the status of the Supreme Court as the head of a coequal branch of government. By asserting the crucial power for Supreme Court (not mentioned in the Constitution) Marshall claimed for the court a paramount position as interpreter of the Constitution.

1. What power was asserted by the Chief Justice John Marshall in the landmark case of Marbury versus Madison? Briefly explain its meaning.  [2]
2. In the context of the power referred to above, briefly explain the following terms:
   1. Ultra Vires   [2]
   2. Severability   [2]
3. How is the independence of the judiciary ensured in the Constitution of the United States?  [2]

Answer 1

1. It means that the courts have the authority to declare an executive order or a law passed by the legislature invalid if, and to the extent that, it violates the Constitution. Judges also apply the principle of “due process of law,” which they regard as a historical protection against arbitrary government actions affecting life, liberty, and property. This doctrine was established by Chief Justice Marshall in the Marbury v. Madison case (1803).

2. 1. Ultra Vires: It means that the judgement went beyond the limits of authority or power granted to him under the law, contract, or agreement.
   2. Severability: It permits the remaining provisions of a law to continue in force even though certain parts are held to be illegal or unenforceable.

3. The judiciary in the United States is recognized for its independence, and judges are appointed according to certain prescribed criteria:

   1. They are required to possess formal legal education.
   2. They often belong to families with a strong background in the legal profession, and
   3. They generally possess a degree of political influence.
   4. The President appoints the Chief Justice and other federal judges, subject to confirmation by the Senate. Although the Senate usually upholds the President’s selections, it retains the authority to reject nominations when required.