Chapter 4 – Judiciary

Chapter 4 – Judiciary

 

1. What is the role of the judiciary? (What is the Role of the Judiciary?)

•  The judiciary is the organ of the government that  is responsible for enforcing laws and dispensing justice.
• It is a system of courts.
• Main Functions of the Judiciary:

1. Dispute Resolution :

• • • The judiciary resolves disputes between citizens, between citizens and the government, between two state governments, and between the central and state governments.
    • Examples: Property disputes, divorce cases, criminal cases.

1. Judicial Review:

• • • The judiciary has the power to review the laws passed by the Parliament.
    • If the judiciary feels that a law violates the Constitution, it  can  strike it down.

iii.  Upholding the Law and Enforcing Fundamental Rights:

• • • The judiciary ensures that all citizens are equal before the law.
    • It protects the fundamental rights  of citizens. If a citizen feels that his fundamental rights have been violated, he can go to court.

 

2. What is Independent Judiciary? (What is an Independent Judiciary?)

• Independent judiciary  means that the judiciary   is not under the control of the other organs of the government (legislature and executive).
• This means that judges can make decisions independently while performing their role and are not influenced by the government.
• Why is Independent Judiciary Important?
  • It ensures that the rule of law is maintained.
  • It prevents the abuse of power.
  • It protects the fundamental rights of citizens.
• How is freedom ensured?
  • Appointment of Judges: There is less interference of the government in the appointment of judges.
  • Removal of Judges: It is very difficult to remove judges (only by impeachment).
  • Salaries and allowances: The salaries and allowances of judges are not decided by the Parliament.

 

3. Structure of Courts in India

India has an integrated judicial system, which means that there is a set of courts.

It is a pyramid-like structure.

1. Supreme Court :

• • It is the Supreme Court  of India.
  • It is located in New Delhi.
  • Its decisions are binding on all other courts in India.
  • It is the custodian of fundamental rights.

1. High Courts:

• • These are the top courts in the states.
  • Each state has its own High Court (or a common High Court for two or more states).
  • They review the decisions of the subordinate courts of their respective states.

iii. District Courts /Courts Subordinate Courts (District Courts) Subordinate Courts:

• • These are established in each district or city.
  • These include different types of jurisdictions, such as:
    • Civil Courts:  Cases related to property, contracts, etc.
    • Criminal Courts:  Cases related to theft, murder, etc.
  • They give judgements in their respective jurisdictions.

 

4. Access to Justice

• All citizens of India can access the courts.
• However, going to court for the poor can be expensive and time-consuming.
• Public Interest Litigation (PIL):
  • In the 1980s, the Supreme Court developed this system.
  • It allows any person or organization to file a lawsuit in the public interest, even if they are not directly affected.
  • This has helped the poor and the deprived to access justice.
  • Examples: Freeing bonded laborers, providing free education to children.

 

5. Can everyone go to court? (Can Everyone Access the Courts?)

• In theory, yes, all citizens can go to court.
• But in practice, processes in the courts can be lengthy, expensive, and complicated, which is especially a challenge for the poor.
• This is why steps like  PIL have been taken to make access to justice easier.