CIVICS

CH – 5 Judiciary

Highlighting Index:
- Topics
- Important Content
and Words
- Important Points
- Very Important
Points
- Other Important
Things

Concepts:
1. Introduction
2. Judicial System
3. Independent Judiciary
4. Role of the Judiciary
5. Integrated Judicial System
6. Different Branches of Legal System
7. Public Interest Litigation (PIL)
8. Recapitulation

Introduction
• Traditionally recognized as one of the essential
organs of the state, the role of the Judiciary has
 been that of interpretation of rules of the state and
upholding the law of the land.
• As independent Judiciary has become one of the
essential requisites of a Democratic Government.
• It is responsible for safeguarding the rights of the
people against encroachment by other individuals,
institutions or the state itself.

Judicial System
• India, the largest representative democracy of the
world, possesses a well – structured and independent
judiciary.
• It plays and important role in protecting the citizens
against the arbitrary exercise of power by the
administration.

Facts:
• On the 28th of January,1950, two days after India
became a Sovereign Democratic republic, the Supreme
Court came into being.
• The inauguration took place in the Chamber of Princes
in the Parliament building which also housed India’s
Parliament.
• The Court moved into the present building (Tilak Marg,
New Delhi) in 1958.
• The proceedings of the Supreme Court are conducted in
English only.
 Independent Judiciary
• Judiciary is one of the three arms of the State.
• Its Independence and effectiveness define the True
State of a Democracy.
• Lord Bryce: “There is no better test of Excellence of
a Government than the Efficiency and Independence of
its Judicial System.”
• And independent Judiciary ensures that Judges of the
Courts function without the Courts function without
the Influence, Interference or Pressure from either
the Executive or the Legislature.
Independence of Judiciary can be ensured by the
following provisions:
• A Judge can remain in office till he attains by the
age of Sixty - Five years. He can be removed by the
President, on grounds of “Proved Misbehavior or
Incapacity”, on an address of each House of
Parliament.
• Judges’ Salaries, Allowances etc. should not be varied
to their disadvantage during their term in Office.
• No discussion shall take place in the Parliament with
respect to the conduct of any Judge in the discharge
of his duties.
• The Supreme Court has the power to punish for
‘Contempt of Court’.
• A retired judge of the Supreme Court cannot plead any
case in any court in India.
• Hence, Independence of the Judiciary constitutes the
foundation on which rests the edifice of our
democratic polity.
 Role of the Judiciary
Judiciary in India enjoys a very significant position
since it has been made the guardian and custodian of
the Constitution.
Its role can be classified under the following
heads:
➢ Dispute Resolution
➢ Judicial Review
➢ Upholding the Law and enforcing Fundamental Rights
Dispute Resolution:
Judiciary resolves disputes between:
➢ Citizens
➢ Citizen and State (Government)
➢ Two or more States (Ex: Kaveri Water Dispute)
➢ Central and State Governments

Judicial Review:
Judicial Review may be defined as power of Supreme
Court to review laws passed by the Legislature, and
orders issues by the Executive, to find whether they
are prohibited by the Constitution.
 If the Court finds that a law or an order of the
Executive contravenes the provisions of the
Constitution, it declares such law or order as null
and void.
Functions of Judicial Review:
It has three functions to perform:
• First, it allows justice to be server by striking down
wrong decisions made by lower courts.
• Secondly, higher courts monitor the performance of
lower courts.
• Finally, important controversies regarding the law are
examined and resolved for the future guidance of
courts and individuals.

Integrated Judicial System

• Integrated judicial system means the decisions made by
higher courts are binding on the lower Courts.
• Appellate judicial system exists in India, showing
that the judicial system in the country is integrated.
• A person can appeal to a higher court if he believes
that the judgement passes by the lower court is not
just.

Supreme Court
• Maximum 34 judges, including Chief Justice of India,
serve the Supreme Court.
• The President appoints the Chief Justice.
• Associate judges are also appointed by the President
after consultation with the Chief Justice.
• The appointments do not require Parliament’s
concurrence.
• The judges of the Supreme Court enjoy a reasonable
security of tenure.
• Once appointed, a judge retires on attaining the age
of sixty-five years.
• A judge may resign his office by writing to the
President.
• He may be removed from his office by the President on
the ground of proved misbehaviour or incapacity.
• In May 1993, a motion to impeach a judge of the
Supreme Court (Shri V. Ramaswami) failed to get the
support of the two thirds of the members in the Lok
Sabha.

The Supreme Court has an extensive jurisdiction, i.e.,

original, appellate and advisory.

Original Jurisdiction: Extends to those cases

which Supreme Court has authority to hear and
decide in the first instances like:
• Disputes between the Government of India and one or
more States.
• Disputes between two or more States.
• Disputes between the Union and any State, on the one
side, and other States on the other side.
 Appellate Jurisdiction means that a person can
appeal to a higher court if she/he believes that the
judgment passes by the lower court is not just.

Advisory Jurisdiction:
• The President may obtain the opinion of the Supreme
Court on a question of law or fact which, in his
opinion, is of public importance.
• Advisory opinion of the Supreme Court is not binding
on the President.

Guardian of Fundamental Rights:

• Supreme Court is the guardian and protector of
Fundamental Rights.
• Any citizen whose rights have been violated may move
the Supreme Court for the enforcement of the Rights.
 Court of Records:
• Supreme Court acts as Court of Records.
• Judgements are recorded of evidence and testimony.
• Court is empowered to punish any individual or
institution for “Contempt of Court”.

High Court
• The High Court stands at the head of a State’s
judicial administration.
• A High Court has powers of superintendence over all
subordinate courts within its jurisdiction, namely,
the District and Sessions courts and their lower
courts.
• Number of judges of a High Court are not fixed.
• Each High Court has a Chief Justice and other judges
whom the President may appoint from to time.
• Every judge of High Court shall hold office till he
attains the age of sixty-two years.

Different Branches of Legal System

• Legal system is a system for interpreting and
enforcing laws.
• The different branches of legal system are:
1. Criminal Law
2. Civil Law

Criminal Law:
• It is that body of law that defined criminal offenses,
regulates the apprehension, charging, and trail of
 trial of suspected persons and fixes penalties and
modes of treatment applicable to convicted offenders.
• It usually begins with the lodging of an First
Information Report (FIR) with the police who
investigate the crime, after which a case is filed in
the court.
• If found guilty, the accused can be sent to jail and
fined.
Examples:
➢ Theft
➢ Harassing a woman to bring more dowry
➢ Murder

Civil Law:
• Civil Law is the set of rules defining private
relationships amongst people.
• The State does not take sides in a dispute between
private people.
Examples:
➢ Marriage and Divorce
➢ Rent agreements
➢ Evictions
➢ Damage to property
➢ Disputes over a hire-purchase agreement
 Criminal and Civil Actions:
Sometimes a person’s act may lead to both criminal and
civil actions.
For example:
Shyam Lal hits one of the workers in his factory. This
is a crime of assault. The State will prosecute him in
the Criminal Court if the worker levels charge against
him. If there is enough proof to show that he is
guilty, he may be punished by the State.
But Shyam Lal also causes pain to the worker. This
is a damage that one person does to another peoson.
The injured worker could sue Shyam Lal for dammages
and make him pay compensation for medical expenses,
lost wages and pain and suffering. This will be a
civil claim for damages through the Civil Court.

Public Interest Litigation - (PIL)

• Advent of Public Interest Litigation (PIL) is one of
the key components of the approach of “judicial
activism”, attributes to Indian judiciary.
• It is a device by which public participation in
judicial review of administrative action is assured.
• It has the effect of making judicial process a little
 more democratic.

Matter related to PIL are:

1. Basic amenities such as roads, water, medicines,
electricity, primary school, primary health center,
bus service, etc.
2. Rehabilitation of displaced persons
3. Identification and rehabilitation of bonded and
child labourers
4. Illegal detention of arrested persons
5. Torture of persons in police custody
6. Children in custody
7. Payment of minimum wages
8. Legal aid to the poor
9. Environmental pollution
10. Unauthorized eviction (All are Important)

Who can File PIL?

• Any public-spirited person can file a Public Interest
Litigation case (PIL) on behalf of a group of persons
whose rights are affected.
• It is not necessary that a person filing a case should
have direct interest in the Public Interest
Litigation.
For example, a person in Mumbai can file a Public
Interest Litigation for malnutrition deaths in Odisha.

Criticism of PIL
1. It has opened up the floodgates for frivolous cases
that either involve the litigants’ private interests
or are vehicles for gaining publicity rather than
seeking justice for disadvantaged groups.
2. It is said that by entertaining violation of
Fundamental Rights through a letter, the Court will be
flooded with litigations, resulting in delays in
deciding many other important cases.

3. It is pointed out that interference by the Courts

through PIL, in the sphere of Executive and
Legislature, is not justified as it is likely to cause
conflict between the three organs of the government.
 Justice P.N. Bhagwati

“The Court has to innovate new

methods and devise new strategies
for the purpose of providing access
to justice to large masses of people
who are denied their basic human
rights and to whom freedom and
liberty have no meaning.”

RECAP:
• India’s independent judiciary protects the citizens
from the state’s arbitrary exercise of power.
• Independence of Indian judiciary ensures the smooth
functioning of Indian democratic system.
• Judiciary in Indian resolves disputes, reviews the
laws made by the Parliament, and ensures the
protection of our Fundamental Rights.
• India has an integrated judicial system, with the
Supreme Court at its apex. It has an extensive
jurisdiction, including original, appellate and
advisory jurisdictions.
• The legal system comprises two branches: Criminal
Law, which deals with criminal offenses, and Civil
Law, which defines private relations between people.
• Public Interest Litigation (PIL) ensures public
participation in judicial review of administration,
with a view to make the Indian Judicial system more
democratic.

Glossary:

Jurisdiction Territory or sphere of

activity over which the
legal authority of a court
or other institution
extends.

Acquitted Person declared free of a

criminal charge by a
verdict of not guilty.

Violation Act of breaking a law and

breach, or infringement of
fundamental rights of an
individual.
 Insights:

WRIT JURISDICTION

1. Article 32 is the soul and heart of the

Constitution of India, according to Dr. B.R.
Ambedkar.
2. As it safeguards the rights, liberty and
privileges of every citizen of India in terms of
writs. (Writ – Form of written command in name of
court or other legal authority to act, or abstain
from acting, in particular way)
3. As such, a High Court has the writ jurisdiction
under Article 226.
4. There are five writs – Habeas Corpus, Mandamus,
Prohibition, Certiorari and Quo-warranto.
 MIND MAP

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CIVICS
CH – 6 JUDICIARY (COMPLETED)