Vedeep Institute of Science
Class 8 Civics
Judiciary
Introduction to Judiciary / Why we need Judiciary
= Judiciary follows the principle of equality.
= When any law is violated, a certain set of fixed procedures need to be followed to uphold
the law and to provide justice to the aggrieved person or persons.
= In order to enforce this rule of law, we need a judicial system.
= In India, this judicial system consists of the mechanism of courts, and citizens can approach
these courts when a law is violated.
= The judiciary is a critical organ of the government and it plays a crucial role in the efficient
functioning of India’s democracy.
Role of Judiciary
The role of the judiciary can be understood by understanding its functioning. The judiciary
performs the following roles.
Dispute Resolution:
The mechanism of the judicial system helps in resolving disputes between,
- the citizens,
- the citizens and the government,
- two state governments, and
- the Centre and the State governments.
Judicial Review:
The judiciary can strike down certain laws passed by the Parliament under its power
of judicial review. This happens when the judiciary believes that these laws are a
violation of the basic structure of the Constitution.(Ultra Virus to Indian
Constitution)
Upholding the Law and Enforcing Fundamental Rights:
If the citizens of India believe that their Fundamental Rights have been violated, they can
approach the Supreme Court or the High Court (Article 32)
Independent Judiciary
An Independent Judiciary implies that:
The other branches of government which are the legislature and the executive, cannot
interfere in the work of such a judiciary.
In an independent judiciary, the courts are not under the government and do not act
on its behalf. This allows the courts in ensuring that the legislature and the executive
do not misuse the power.
An independent judiciary plays a critical role in protecting the Fundamental Rights of
citizens.
Why do we need an independent judiciary?
Independence of Judiciary allows the judiciary to play its role in a non-biased or influenced
manner.
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What is the Structure of Courts in India?
The structure of courts in India comprises if three tiers. Its three different levels are:
1. District Court: The district courts are also called subordinate or Tehsil level courts and
they settle the disputes for most people in the country.
2. High Court: The highest court of every state in the country is the High court.
3. Supreme Court: This is the court at the highest level. The Supreme Court of India is in
Delhi. The decisions made by the Supreme Court are binding on all other lower courts
in India.
= As per the integrated judicial system followed in India, the decisions made by higher courts
are binding on the lower courts.
= Under the appellate system of the judiciary in India, a person can appeal to a higher court
if they believe that the judgment passed by the lower court is not right or justified.
What are the Different Branches of the Legal System?
Criminal Law Civil Law
This branch of law deals with any injury or
This branch of law deals with conduct or
harm to the rights of individuals. Eg:
acts that are defined by the law as
Disputes relating to the purchase of goods, real
offences. Eg: Theft, dowry, murder,
estate disputes like the sale of land and rent
harassing a woman, etc.
matters, divorce cases, etc.
In case of disputes related to civil law, the court
If found guilty, the accused can be sent to
provides the specific relief that the aggrieved
jail fined, or both in some cases.
party has asked for.
The first step in case of criminal law
matters is the lodging of a First In the case of civil law matters, a petition
Information Report (FIR) with the police. needs to be filed by the affected party only,
The police investigate the crime and then before the relevant court.
file a case in the court.
Who has access to the Courts?
= In India, all citizens have the right to access the courts to seek justice, as courts play a key
role in protecting Fundamental Rights.
= Many poor individuals struggle with the costs and complexities of legal procedures.
= To help, the Supreme Court introduced Public Interest Litigation (PIL) in the 1980s,
allowing anyone to file a case on behalf of others whose rights are violated.
This simplified process has addressed issues such as labour conditions and wrongful
imprisonment.
For ordinary people, PILs provide an important way to access justice and uphold
rights like the Right to Life.
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One challenge in accessing justice is the long duration courts take to resolve cases,
often summed up by the phrase "justice delayed is justice denied."
Despite this, the judiciary remains vital in democratic India, checking the powers of the
executive and legislature and protecting Fundamental Rights.
The Constituent Assembly wisely established an independent judiciary as a cornerstone
of our democracy.
What is a PIL
PIL stands for Public Interest Litigation which is filed in a court for the protection of public
interest such as pollution, safety, etc. PIL can be filed:
Against the government policies
For the violation of human rights and fundamental rights
For a complaint against civic authorities for not performing their duties.
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