Topics in the Chapter
• What is the Role of the Judiciary?
• What is an Independent Judiciary?
• What is the Structure of Courts in India?
• What are the Different Branches of the Legal
System?
- PIL
- Importance of Judiciary
What is the Role of the Judiciary?
• Judiciary work is divided into the following
types:
- Dispute Resolution: The judicial system
resolves disputes between citizens, between
citizens and the government, between two
state governments and between the centre
and state governments.
- Judicial Review: The judiciary is the final
interpreter of the Constitution therefore, it
has the power to strike down particular laws
passed by the Parliament if it believes that
these are a violation of the basic structure~ 7
the Constitution. This is called judicial revi~
· 'pholding the Law and Enforcing
A
- Upholding the Law and Enforcing
Fundamental Rights: Every citizen of India can
approach the Supreme Court or the High
Court if they believe that their Fundamental
Rights have been violated.
What is an Independent Judiciary?
• The other branches of the State-like the
legislature and the executive - cannot
interfere in the work of the judiciary.
• The courts are not under the government
and do not act on their behalf.
• All judges in the High Court as well as the
Supreme Court are appointed with very little
interference from other branches of
government.
- After appointment, it is very difficult to
remove a judge.
What is the Structure of Courts in India?
• There are three different levels of courts in
our country:
Supreme Court of India
A l
• There are three different levels of courts in
our country:
Supreme Court of India
•
High Courts of States
•
District courts
--+ Supreme Court of India: Located in New
Delhi and is presided over by the Chief Justice
of India.
--+ High Courts of States: Each state has a
High Court which is the highest court of that
state.
--+ Subordinate or district courts: These
courts at the district or Tehsil level or in
towns and presided over by a District Judge.
• The decisions made by higher courts are
binding on the lower courts.
Ad closed by Google
• A person can appeal to a higher court if they
believe that the judgment passed by the
lower court is not just through the appellate
system.
What are the Different Branches of the Legal
System?
• The Indian legal system deals with civil and
criminal cases:
Criminal Law Civil Law
It deals with conduct It deals with any
or acts that the law harm or injury to
defines as offences. rights of
For example, theft or individuals. For
murder. example,
disputes relating
to sale of land.
It usually begins with A petition has to
the lodging of FIR be filed before
with the police who the relevant
investigate the crime court by the
after which a case is affected party
filed in the court. only.
A
ii Ibdild §Jilt§, ti I@ Iii@ Eddi t §16@§
accused can be the specific relief
sent to jail and also asked for.
fined .
Does Everyone Have Access to the Courts?
• Theoretically, all citizens of India can access
the courts in this country.
• In reality access to courts has always been
difficult for a vast majority of the poor in
India.
Ad closed by Google
- Legal procedures involve a lot of money ■
and paperwork as well as take up a lot of
A
- Legal procedures involve a lot of money
and paperwork as well as take up a lot of
time.
- For a poor person who cannot read and
whose family depends on a daily wage, the
idea of going to court to get justice often so
remote.
PIL
• Public Interest Litigation (PIL) is introduced
by Supreme Court in the early 1980s.
• 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
being violated.
• A letter or telegram addressed to the
Supreme Court or the High Court could be
treated as a PIL.
Importance of Judiciary
• The judiciary has played a crucial role in
■
democratic India,
• It also keep a check on the powers of the
A utive and the legislature
g STUDY RANKERS
PIL
• Public Interest Litigation (PIL) is introduced
by Supreme Court in the early 1980s.
• 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
being violated.
• A letter or telegram addressed to the
Supreme Court or the High Court could be
treated as a Pl L.
Importance of Judiciary
• The judiciary has played a crucial role in
democratic India,
• It also keep a check on the powers of the
executive and the legislature
• Also, it helps in protecting the Fundamerf --;-i
Rights of citizens. ~
'lT Solutions of Cha ter 5 udicia
