THE JUDICIARY

Introduction:-
Laws apply equally to all people. A certain set of fixed procedures needs to be followed when a law is violated.
To enforce this rule of law, we have a judicial system that consists of a system of courts that a citizen can
approach when a law is violated. As an organ of government, the judiciary plays a crucial role in the functioning
of India’s democracy. It can play this role only because it is independent.
What is the Role of Judiciary?
1. Dispute Resolution: The judicial system resolves disputes/fights between citizens, between citizens and
the government, between two state governments, and between the center and state governments.
2. Judicial Review: The judiciary is the final interpreter of the Constitution. Therefore, it has the power to
cut down particular laws passed by Parliament if it believes that they violate the basic structure of the
Constitution. This is called judicial review.
3. Upholding the Law and Enforcing Fundamental Rights: Every citizen of India can approach the
Supreme Court or the High Court if his/her fundamental rights have been violated.
What is an Independent Judiciary?
The Independence of the Judiciary means:
 Other branches of government the legislature and the executive are cannot interfere in the judiciary’s
work. The courts are not under the government and do not act on their behalf.
 Independence of the judiciary allows the courts to play a central role in ensuring that there is no misuse
of power by the legislature and the executive.
 Independence of the judiciary also plays a crucial role in protecting the Fundamental Rights of citizens.
What is the Structure of Courts in India?
There are three different levels of courts in our country.
1. Supreme Court: It is at the top level. The decisions made by the Supreme Court are binding on all other
courts in India. Supreme Court of India is located in New Delhi.
2. High Courts: Each state has a High Court which is the highest court of that state.
3. District Courts: The courts that most people interact with are called subordinate or district courts or
Tehsil level court.
In India, we have an integrated judicial system, meaning that the decisions made by higher courts are binding on
the lower courts. A person can appeal to a higher court if they believe that the judgment passed by the lower
court that is District Court is unjust.
What are the Different Branches of the Legal System?
The Indian legal system deals with civil and criminal cases.
 Civil laws deal with any harm or injury to the rights of individuals.
 Criminal laws deals with the conduct or acts the law defines as offenses.
In criminal cases, it usually begins with the lodging of our First Information Report (FIR) with the police who
investigate the crime after which a case is filled in the court.
Public Interest Litigation (PIL):-
Public interest Litigation” or PIL is litigation filed in a court of law for the protection of “Public Interest”, such
as pollution, terrorism, road safety, construction hazards etc.
PIL can be filed for the following reasons:
 1. Violation of basic human rights of the poor
2. Content or conduct of government policy
3. Force municipal authorities to perform a public duty
4. Violation of religious rights or other basic fundamental rights
5. Any individual or organization can file a PIL in the High Court or the Supreme
6. The court on behalf of those whose rights are being violated. It is not necessary that the person filing a
case should have a direct interest in the case.
Importance of Judiciary
The judiciary has played a crucial role in democratic India:
1. The judiciary is the guardian of the constitution
2. It also keeps a check on the powers of the executive and the legislature
3. It helps in protecting the Fundamental Rights of citizens.
4. The judiciary plays an important role in the interpretation of laws.
Does Everyone Have Access to the Courts?
 In principle, all citizens of India can access the courts in this country. This implies that every citizen has
a right to justice through the courts.
 Legal procedures involve a lot of money and paperwork which takes up a lot of time. Poor people often
avoid going to court to get justice.
 The Supreme Court devised a mechanism of Public Interest Litigation or (PIL) to increase access to
justice in the 1980s. It allowed any individual or organization to file a PIL in the High Court or the
Supreme Court on behalf of those whose rights were being violated.
 The legal process was simplified and even a letter or telegram addressed to the Supreme Court, or the
High Court could be treated as a PIL.
 The court exercises a crucial role in interpreting the Fundamental Rights of Citizens.
 The judiciary serves as a check on the powers of the executive and the legislature and protects the
Fundamental Rights of the citizens.
NCERT Exercise

Q1: You read that one of the main functions of the judiciary is ‘upholding the
law and Enforcing Fundamental Rights’. Why do you think an independent
judiciary is necessary to carry out this important function?
Ans: The independence of the judiciary allows the courts to play a central role in
‘upholding the law and Enforcing Fundamental Rights’ as it ensures that there is no
misuse of power by the legislature and the executive.
Anyone can approach the courts if they believe that their rights have been violated
and Politicians or other socially powerful people cannot use their power to change
any judgment.
Q2: Re-read the list of Fundamental Rights provided in chapter 1. How do you
think the Right to Constitutional Remedies connects to the idea of judicial
review?
Ans: The Right to Constitutional Remedies allows an Indian citizen to move the
court if he feels that any of his or her Fundamental Rights has been violated by the
State.
As the final interpreter of the Constitution, the judiciary has the power to review or
even strike down any particular law passed by the Parliament if it believes that this
law violates the basic structure of the constitution, which is called judicial review.
In this way we find that the Right to Constitutional Remedies given in the
Fundamental Rights is directly connected and supported by the idea of judicial
review.
Q3: In the Following illustration, fill in each tier with the judgments given by
the various courts in the Sudha Goel case. Check your responses with others in
class.
Ans: Lower Court (Trial Court): Laxman, his mother Shakuntala and his brother-
in-law Subhash Chandra were sentenced to death.
High Court: Laxman, Shakuntala and Subhash Chandra were acquitted.
Supreme Court: Laxman, Shakuntala were given life imprisonment while Subhash
Chandra was acquitted for lack of sufficient evidence.
Q4: Keeping the Sudha Goel case in mind, tick the sentences that are true and
correct the ones that are false.
(a) The accused took the case to the High Court because they were unhappy with
the decision of the Trial Court.
(b) They went to the High Court after the supreme Court had given its decision.
(c) If they do not like the Supreme Court verdict, the accused can go back again to
the Trial Court.
Ans: (a) True
(b) False. They went to the High Court after the Trial Court had given its decision.
(c) False. If they do not like the Supreme Court verdict, the accused cannot go back
again to the Trial Court because the Supreme Court is the highest court in the
judiciary pyramid.
Q5: Why do you think the introduction of Public interest Litigation (PIL) in
the 1980s is a significant step in ensuring access to justice for all?
Ans: The Supreme Court in the early 1980s devised a mechanism of Public Interest
Litigation or PIL to increase access to justice. It allowed any individual or
organisation to file a PIL in the High Court or the Supreme Court on behalf of those
whose rights were violated.
The legal process was greatly simplified, and even a letter or telegram addressed to
the Supreme Court, or the High Court could be treated as a PIL. In the early years,
PIL was used to secure justice on a large number of issues, such as rescuing bonded
labourers from inhuman work conditions; one such example is securing the release
of prisoners in Bihar who had been kept in jail even after their punishment term was
complete.
Thus, the introduction of Public Interest Litigation is a significant step in ensuring
access to justice for all.
Q6: Re-read excerpts from the judgment on the Olga Tellis vs Bombay
Municipal Corporation case. Now write in your own words what the judges
meant when they said that the Right to Livelihood was part of the Right to
Life.
Ans: In the Olga Tellis vs Bombay Municipal Corporation case, the judges stated
that the Right to Livelihood was part of the Right to Life. They stated that life does
not merely mean an animal’s existence; it cannot be lived without a means of
livelihood. In the above-mentioned case, people were poor and lived in slums; they
had small jobs and no other place to live.
For them, eviction from their slum means deprivation of their livelihood, which
consequently means deprivation of life. This is how judges connected the right to
life to the basic requirements of any livelihood, i.e. Food, Clothes and shelter.
Q7. Write a story around the theme, ‘Justice delayed is justice denied’.
Answer: Mr. Shankar was a government employee. After retirement, he came back
to his forefather’s house. He requested the tenant to vacate the house. But the tenant
did not vacate the house. Tenant challenged that if Mr. Shankar wanted to have his
house vacated, he should move to court for justice. He was compelled to live in a
rented house.
The owner lodged litigation against the tenant. After fighting the case for five years,
the owner won the case. The decision was made in his favour by the trial court. But
the tenant appealed against the lower court decision and date after date lingers on
the decision and it took another ten years for justice. Mr. Shankar felt the justice
unjustified as it was abnormally delayed.
Q8. Make sentences with each of the glossary words given?
Ans:
Acquit: After a trial of 10 years in the Supreme Court, Mohan was acquitted of the
charge of murdering his friend.
To Appeal: I shall appeal in the higher court against the judgment of the lower
court which is against me and from which I am not satisfied
Compensation: 5 lakh was paid to Ruchi as compensation for her husband’s
accidental death.
Eviction: Eviction proceedings are pending in the court of the Rent Commissioner.
Violation: Violation of the untouchability act is punishable under the Constitution.
Q9. The following is a poster made by the Right to Food campaign.
1. Read this poster and list the duties of the government to uphold the Right to
Food.
2. How does the phrase “Hungry stomachs, overflowing godowns! We will not
accept it!!” used in the poster relate to the photo essay on the Right to Food
Answer: 1. Duties of the Government
That all persons get food;
That no one goes to sleep hungry;
That persons who are most vulnerable to hunger like the elderly, the disabled,
widows, etc. get special attention;
That there is no death because of malnutrition or hunger.