Judiciary
The Constitution of India secures
justice to all its citizens apart from
securing liberty, equality, and
promoting fraternity. Indian
democracy the Supreme Court
plays important role of safe-
guarding the fundamental rights
of citizens which includes provid-
ing fair justice also.
Justice which is the soul of a
democratic society must be
administered without fear or
favor. Integrity, Impartiality and
Intelligence are some of the
important characteristics of the
independent judiciary in a
democratic setup.
Therefore, the judiciary plays a
crucial role in the functioning of
India's democracy.
What is the Role of the
Judiciary:
(i) Dispute Resolution- The judicial
system provides a mechanism of
courts for resolving disputes
between citizens, citizens and the
government, two state
governments and the central and
state governments.
(ii) Judicial Review- The 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
(iii) Upholding the law & 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:
(i)Judiciary is the guardian of the
constitution and defender of
fundamental rights of the people.
For performance of this role it is
essential that the judiciary must
be independent.
(ii) India has an independent
judiciary that allows the courts to
play a central role in ensuring that
there is no misuse of power by
the legislature and the executive.
(iii) It plays a crucial role in
protecting the Fundamental
Rights of citizens because anyone
can approach the courts if they
believe that their rights have
been violated.
What is the Structure of
Courts in India:
(i) There are three different levels
of courts in our country. Several
courts are at the lower level while
only one at the apex level.
District level or subordinate court:
Most people interact at this level.
Each district is presided by
District Judge
State level court: High Court is the
highest court of the state.
Supreme Court: The Supreme
Court of India is the highest
judicial authority. It is located in
New Delhi and is presided over
the Chief Justice of India. The
decisions made by the Supreme
Court are binding on all other
courts in India.
(ii) In India, we have an integrated
judicial system, meaning that the
decision made by higher courts
are binding on the lower Courts as
all these different levels of courts
are connected to each other.
(iii) Appellate System: This means
that a person can appeal to a
higher court if they believe that
the judgement passed by the
lower court is not just. This
system exists in India. It is the
another way that defines the
integration of all the levels of
courts.
What are the Different
branches of the Legal System:
CIVIL LAW CRIMINAL CASES
It deals with behavior that
constitutes an injury to an
individual or other private party,
such as a corporation.
It deals with behavior that is or
can be explained as an offense
against the public, society, or the
state—even if the immediate
victim is an individual.
Examples : negligence resulting in
injury or death, and property
damage. Examples: murder,
assault, theft,and drunken driving
Does Everyone Have Access to
the Courts:
(i) 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.
(ii) Legal procedures involve a lot
of money and paper work which
take up a lot of time. Poor people
often avoid to go the court to get
justice.
(iii) The Supreme Court devised a
mechanism of Public Interest
Litigation or (PIL) to increase
access to justice in 1980’s. It
allowed any individual or
organization to file a PIL in the
High Court or the Supreme Court
on behalf of those whose right
were being violated.
(iv) 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.
(v) The court exercise a crucial
role in interpreting the
Fundamental Rights of Citizens.
(vi) The judiciary serves as a
check on the powers of the
executive and the legislature and
protecting the Fundamental
Rights of the citizens.
