Questions and Answers
What is the role of the judiciary?
The judiciary resolves disputes, conducts judicial review, and enforces Fundamental Rights.
The judicial system provides a mechanism for resolving ____ between citizens.
disputes
Which of the following is NOT a function of the judiciary?
The independence of the judiciary allows the courts to function without any government influence.
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What does an 'independent judiciary' mean?
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What are the three levels of courts in India?
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Match the type of dispute with an example:
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Which level of court is at the apex of the judicial system in India?
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What is Judicial Review?
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High Courts were established in 1862 in India.
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List two reasons why an independent judiciary is essential to democracy.
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What is the main function of the judiciary?
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Why is an independent judiciary necessary?
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What does Public Interest Litigation (PIL) aim to achieve?
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What does the phrase 'justice delayed is justice denied' imply?
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Which article of the Constitution guarantees the Right to Life?
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The Right to Livelihood is not considered part of the Right to Life.
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Match the following legal terms to their definitions:
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The ______ in 1980s was a significant step in ensuring access to justice.
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What significant action did the Supreme Court take during the drought in Rajasthan and Orissa in 2001?
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Study Notes
The Judiciary
- The judiciary is an essential organ of the Indian government that upholds democracy and the rule of law by administering justice.
- Courts offer a mechanism for dispute resolution among citizens, between citizens and government, and between different governmental bodies.
- Independent judiciary is key to preventing misuse of power by the legislature and executive, ensuring impartiality in the legal system.
Role of the Judiciary
- Dispute Resolution: Courts resolve conflicts between individuals, civil society, and state entities.
- Judicial Review: Judiciary interprets the Constitution and has the authority to annul laws that violate its fundamental principles.
- Upholding the Law: Citizens can approach higher courts if their Fundamental Rights are infringed.
Structure of Courts in India
- Judicial hierarchy comprises District Courts, High Courts, and the Supreme Court at the pinnacle.
- District Courts: Handle most legal cases at the district level, presided over by District Judges.
- High Courts: Each state has a High Court; currently, there are 25 across India, with the Supreme Court in New Delhi being the highest authority.
- Appellate System: Allows for appeals to higher courts if judgments are deemed unjust, promoting an integrated judicial framework.
Independence of the Judiciary
- Independence shields judges from external pressures, such as political influences, ensuring fair trials and decisions.
- Separation of powers prevents legislative and executive branches from interfering in judicial matters, preserving judicial integrity.
Criminal vs. Civil Law
- Criminal Law: Addresses offenses defined by law such as theft and murder, initiated via First Information Report (FIR).
- Civil Law: Covers disputes involving personal rights and interests, requiring a petition from the harmed party.
Access to Justice
- While theoretically all citizens can access the courts, practical barriers exist for many, especially the underprivileged.
- Legal processes can be complex and costly, hindering the pursuit of justice for low-income individuals.
- Public Interest Litigation (PIL): Introduced in the early 1980s, this mechanism enables individuals or organizations to file cases on behalf of those unable to represent themselves, simplifying the legal process.
Key Historical Context
- The Supreme Court was established on January 26, 1950, aligning with India's transition to a republic.
- High Courts emerged in major cities in 1862, with significant expansions throughout the years.
Important Case Study
- The case of State (Delhi Administration) vs Laxman Kumar illustrates the appellate structure, where the Supreme Court overturned a High Court decision concerning a dowry death case, highlighting societal issues and the judiciary's role in addressing them.### Public Interest Litigation (PIL) and Justice
- PIL has been instrumental in addressing numerous social justice issues, including the rescue of bonded laborers and the release of unjustly imprisoned individuals.
- The mid-day meal scheme in government schools was a result of a PIL filed by the People's Union of Civil Liberties (PUCL) during a food crisis in 2001.
- The Supreme Court interpreted Article 21, the Right to Life, to encompass the Right to Food, mandating the government to ensure food security and mid-day meals for children.
Right to Food and Implementation
- In 2001, Rajasthan and Orissa faced severe drought while government warehouses were filled with grain, leading to a situation described as "hunger amidst plenty."
- The Supreme Court's ruling included directives to reduce food prices, enhance employment opportunities, and established monitoring by two Food Commissioners.
Access to Justice and Judicial Role
- The judiciary is vital for interpreting and protecting citizens' Fundamental Rights, broadening the scope of the Right to Life to include necessities like food and livelihood.
- Accessibility to courts is paramount; justice delayed due to prolonged case hearings is likened to justice denied.
Eviction and Rights of Slum Dwellers
- Earlier judicial decisions, such as Olga Tellis vs. Bombay Municipal Corporation, recognized the Right to Livelihood within the Right to Life.
- Recent judgments reflect a shift in perspective; slum dwellers are often viewed as encroachers, undermining their right to housing and basic sustenance.
Challenges in the Judiciary
- Delays in judicial proceedings result in lengthy waits for justice, illustrated by the Hashimpura massacre case, which extended over 31 years.
- The Supreme Court had to intervene by transferring the case to Delhi due to the slow judicial process in Uttar Pradesh.
Judicial System and Democracy
- The judiciary serves as a check on the powers of the executive and legislative branches, upholding democracy and ensuring Fundamental Rights are protected.
- Despite challenges like long delays and vacancies in courts, an independent judiciary is essential for maintaining citizens' rights and access to justice.
Key Judicial Metrics
- As of December 2022, the Supreme Court has 34 judges without vacancies, High Courts have a working strength of 775 out of a sanctioned strength of 1,108, and District/Subordinate Courts report 19,192 out of 25,042.
Conclusion
- The establishment of PIL in the 1980s marks a significant advancement in facilitating access to justice for marginalized communities.
- The Right to Food campaign emphasizes government responsibility in ensuring food security, highlighting contradictions like "Hungry stomachs, overflowing godowns."
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Description
This quiz focuses on Unit Three of the Social and Political Life curriculum, which introduces students to the judiciary system. Students will explore various aspects of the judiciary, including police, courts, and their roles in society. Familiarity with these elements through media or personal experience will enhance their understanding.
