Chapter 5 – Judiciary
What is the Role of the Judiciary?
Work of the judiciary can be divided into the following:
Dispute Resolution: The judicial system provides a mechanism for resolving disputes between
citizens, between citizens and the government, between two state governments and between the
centre and state governments.
Judicial Review: Judiciary has the power to strike down particular laws passed by the
Parliament, if it believes that these are a violation of the basic structure of the Constitution. This
is called judicial review.
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 Independence of Judiciary means:
1. Other branches of government – 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.
2. 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.
3. 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 India.
1. District Court: The courts that most people interact with are called subordinate or district
courts or Tehsil level court.
2. High Court: Each state has a High Court, which is the highest court of that state.
3. Supreme Court is at the top-level. The decisions made by the Supreme Court are binding on all
other courts in India. It is located in New Delhi.
In India, we have an integrated judicial system, which means that the decisions made by higher
courts are binding on the lower courts. The appellate system exists in India, which means that a
person can appeal to a higher court if they believe that the judgment passed by the lower court
is not just.
What are the Different Branches of the Legal System?
Go through the following table to understand the significant differences between criminal and c
Criminal Law civil law.
Deals with conduct or acts that the law defines as offences. Deals with any harm or injury to the rights of
Eg, Theft, harassing a woman, dowry, murder. individuals. E.g, Disputes relating to the sale of
land, purchase of goods, rent matters, and divorce
cases.
It usually begins with the lodging of a First Information A petition has to be filed before the relevant court
Report (FIR) with the police who investigate the crime by the affected party only.
after which a case is filed in court.
If found guilty, the accused can be sent to jail and also The court gives the specific relief asked for.
fined.
Does Everyone Have Access to the Courts?
All citizens of India can access the courts in this country. This means that every citizen has a
right to justice through the courts. The courts are available for all, but in reality, access to courts
has always been difficult for a vast majority of the poor in India. Legal procedures involve a lot
of money and paperwork as well as take up a great deal of time. In response to this, 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 being violated.
The phrase ‘justice delayed is justice denied’ is often used to characterise the extended time
period that courts take. However, in spite of this, there is no denying that the judiciary has
played a crucial role in democratic India, serving as a check on the powers of the executive and
the legislature as well as in protecting the Fundamental Rights of citizens
