Podcast
Questions and Answers
What does the independence of judiciary mean in India?
What does the independence of judiciary mean in India?
Which court in India is responsible for ensuring that Fundamental Rights are protected?
Which court in India is responsible for ensuring that Fundamental Rights are protected?
Where is the Supreme Court of India located?
Where is the Supreme Court of India located?
What happens if a person believes that the judgment passed by a lower court is not just in India?
What happens if a person believes that the judgment passed by a lower court is not just in India?
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Which branch of government cannot interfere in the work of the judiciary in India?
Which branch of government cannot interfere in the work of the judiciary in India?
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What is the binding nature of decisions made by the Supreme Court in India on all other courts?
What is the binding nature of decisions made by the Supreme Court in India on all other courts?
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What is the role of the judiciary in dispute resolution?
What is the role of the judiciary in dispute resolution?
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What does an 'independent judiciary' mean?
What does an 'independent judiciary' mean?
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In what scenario can the judiciary exercise judicial review?
In what scenario can the judiciary exercise judicial review?
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What is the significance of fixed procedures in the judicial system?
What is the significance of fixed procedures in the judicial system?
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How does an independent judiciary contribute to India's democracy?
How does an independent judiciary contribute to India's democracy?
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What does the mechanism of courts offer to citizens when a law is violated?
What does the mechanism of courts offer to citizens when a law is violated?
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What is the primary difference between criminal law and civil law?
What is the primary difference between criminal law and civil law?
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How does a criminal case usually begin?
How does a criminal case usually begin?
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What relief does the court provide in civil law cases?
What relief does the court provide in civil law cases?
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Who can access the courts in India?
Who can access the courts in India?
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Why did the Supreme Court introduce Public Interest Litigation (PIL)?
Why did the Supreme Court introduce Public Interest Litigation (PIL)?
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What is the purpose of lodging a First Information Report (FIR) in criminal cases?
What is the purpose of lodging a First Information Report (FIR) in criminal cases?
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Study Notes
Role of the Judiciary
- Laws apply equally to all people, and a certain set of fixed procedures need to be followed when a law is violated.
- The judicial system, consisting of courts, enforces the rule of law and provides a mechanism for resolving disputes.
Work of the Judiciary
- Dispute Resolution: The judicial system provides a mechanism for resolving disputes between citizens, between citizens and the government, and between state governments.
- Judicial Review: The judiciary has the power to strike down particular laws passed by the Parliament if they violate the basic structure of the Constitution.
- Upholding the Law and Enforcing Fundamental Rights: Citizens can approach the Supreme Court or the High Court if they believe their Fundamental Rights have been violated.
Independent Judiciary
- The independence of the judiciary means that other branches of government cannot interfere in the work of the judiciary.
- 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.
- Independence of the judiciary also plays a crucial role in protecting the Fundamental Rights of citizens.
Structure of Courts in India
- There are three different levels of courts in India: District Courts, High Courts, and the Supreme Court.
- The Supreme Court is at the top level, and its decisions are binding on all other courts in India.
- India has an integrated judicial system, where the decisions made by higher courts are binding on the lower courts.
Branches of the Legal System
- Criminal Law: Deals with conduct or acts that the law defines as offences, such as theft, harassing a woman, dowry, and murder.
- Civil Law: Deals with any harm or injury to the rights of individuals, such as disputes relating to sale of land, purchase of goods, rent matters, and divorce cases.
Access to the Courts
- All citizens of India can access the courts, and every citizen has a right to justice through the courts.
- However, access to courts has always been difficult for the poor in India due to legal procedures involving a lot of money and paperwork.
- The Supreme Court devised the mechanism of Public Interest Litigation (PIL) to increase access to justice, allowing individuals or organizations to file a PIL on behalf of those whose rights were being violated.
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Description
Learn about the importance of an independent judiciary system in India and how laws apply equally to all citizens. Explore the judicial system's role in upholding democracy by enforcing the rule of law and providing a mechanism for citizens to seek justice.
