18 Questions
What does the independence of judiciary mean in India?
The judiciary can play a central role in preventing misuse of power by other branches of government.
Which court in India is responsible for ensuring that Fundamental Rights are protected?
Supreme Court
Where is the Supreme Court of India located?
New Delhi
What happens if a person believes that the judgment passed by a lower court is not just in India?
They can appeal to a higher court.
Which branch of government cannot interfere in the work of the judiciary in India?
All branches can interfere
What is the binding nature of decisions made by the Supreme Court in India on all other courts?
Binding on all other courts
What is the role of the judiciary in dispute resolution?
Resolving conflicts between citizens and the government
What does an 'independent judiciary' mean?
Judges have the freedom to make decisions based on law and justice
In what scenario can the judiciary exercise judicial review?
To strike down laws violating the basic structure of the Constitution
What is the significance of fixed procedures in the judicial system?
To ensure laws are applied equally to all individuals
How does an independent judiciary contribute to India's democracy?
By making decisions based on law and justice, not political pressure
What does the mechanism of courts offer to citizens when a law is violated?
Opportunity for citizens to resolve disputes legally
What is the primary difference between criminal law and civil law?
Criminal law deals with defined offences, while civil law deals with harm to individuals' rights.
How does a criminal case usually begin?
By lodging a First Information Report (FIR) with the police.
What relief does the court provide in civil law cases?
Giving specific relief as requested.
Who can access the courts in India?
All citizens of India.
Why did the Supreme Court introduce Public Interest Litigation (PIL)?
To increase access to justice for the poor.
What is the purpose of lodging a First Information Report (FIR) in criminal cases?
To initiate police investigation into the crime.
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.
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.
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