Civics Notes - The Union Government - The Judiciary - D.A.V. Public School, Thane - PDF

D.A.V. PUBLIC SCHOOL, THANE Subject: Civics (Notes) STD: VIII 20. THE UNION GOVERNMENT: THE JUDICIARY In a federal government, it is essential to have judiciary, which not only resolves disputes, but is the fin...

D.A.V. PUBLIC SCHOOL, THANE Subject: Civics (Notes) STD: VIII 20. THE UNION GOVERNMENT: THE JUDICIARY In a federal government, it is essential to have judiciary, which not only resolves disputes, but is the final interpreter of the Constitution. Whenever a dispute arise regarding civil cases and criminal cases or any other issues related to our day to day life. The matter can be taken to a court of law to seek justice under an independent judiciary – the foundation of democracy. In India, we have an independent and integrated judicial system. INDEPENDENCE OF JUDICIARY:  Justice is possible only if the judiciary is independent, impartial and unbiased.  The judiciary must be free from any pressure or influence from the executive or the legislature.  Then only it can protect the rights of the citizen and resolves various cases. TYPES OF CASES: mainly two types of cases which are brought before the court- civil and criminal cases. 1. Civil cases related to dispute over property, marriage, money, rent matters, purchase of goods etc. They also include the infringement or violation of rights of individuals. There are civil laws to settle and decide these cases. 2. Criminal cases involves offences like robberies, murders, cheating, harassing a women, beating, violence, kidnapping, tax evasion are criminal offence. 3. The criminal cases begin with the lodging of an FIR (First Information Report). After investigation by police, the case is filled in the court, crime is proved the accused can be either sent to jail or fined or in some cases both fined and jailed. SINGLE UNIFIED AND INTEGRATED JUDICIAL SYSTEM: Unlike other federations, India has a single and unified judicial system for the entire country. It has got the power to supervise and control the working of entire judicial system in India and ensures justice to all.  The Supreme Court at the apex is the highest judicial authority. The constitution of India says that the law declared by the Supreme Court shall be binding on all courts within the territory of India.  There are High Courts at the State level and further below are subordinate courts at every district.  The lowest court in the order is Court of Magistrate. The lower courts are manged and supervised by High court.  A judgement given by lower court can be challenged in the higher court similarly judgement passed by High court can be challenged in the Supreme Court by the individual if he is not satisfied by the passed judgement.  INDIAN JUDICIAL SYSTEM SUPREME COURT OF INDIA HIGH COURT OF INDIA Introduction: Introduction: Highest judicial body in India. Established on 26 th It function under the supervision, guidance and January and came into effect from 28th of January control of the Supreme Court. It’s a part of 1950 two days after Republic day of India. Integrated Judicial System. Headquarter at NEW DELHI. It is the highest court of appeal and also the protector of the Constitution of India. COMPOSITION COMPOSITION:  The Supreme Court comprises of a Chief  The High Court consists of a Chief Justice Justice and a maximum number of 31 other and other judges. There is no fixed number judges who are appointed by President of regarding the judges of the High Courts. India on the recommendation of the  The number of judges varies from state to Collegium System- consist of closed group state depending, on its size and population. of Chief Justice of India and four senior  Appointment: judges of Supreme Court. The Chief Justice of the High Court is  The President consults other judges to appointed by the President of India in appoint the Chief Justice (the senior most consultation with the Chief Justice of a judge of the Supreme Court). Supreme and the Governor of the concerned State. (Similarly other judges are appointed in the High Court ) QUALIFICATION: QUALIFICATION:  Should be a citizen of India. To be a judge of a High Court one must be :  A judge of High Court or any other two  a citizen of India, courts for the period of 5years.  An advocate in one or more High Courts  A distinguished jurist in the opinion of the for at least 10 years or President of India.  Holder of a judicial office in Subordinate Courts for a period of 10 years. TENURE AND REMOVAL: TENURE AND REMOVAL:  The Chief Justice and all the other judges  A judge of a High Court retires at the age of Supreme Court remain in the office till of 62 years. the age of 65years.  He/She can be removed from office by the  He/she cannot be removed from office president of India thought impeachment under normal circumstances. procedure  He/she can be removed, only on grounds of  He/ she can be appointed as a judge in the proved misbehaviour or incapacity to Supreme Court. discharge functions by the President on the  He/She may practise in any High Court nut basis of a resolution passed by both the not before any Lower Court houses of the Parliament. This is called as impeachment SALARY AND ALLOWANCES: SALARY AND ALLOWENCES  Chief Justice of India is 2.8 lakhs per month.  The Chief Justice of High Court earns 2.5 lakhs Other judges are paid 2.5 lakhs per month. per month, where as other HC judges are paid  They are provided with other facilities such as 2.25lakh per month. official residence, leave, pension on retirement. They are entitled to privileges like free resident, official car and other allowances.  POWERS AND FUNCTIONS OF SUPREME COURT HIGH COURT Original Jurisdiction Original Jurisdiction Under this jurisdiction, the Supreme Court can settle disputes - It has limited original jurisdiction in cases relating (a) Between the Centre and one or more States; to violation of Fundamental Rights, disputes (b) Between the Centre and any State or States on the related to the election of an MP (Member of one side and one or more other States on the other; Parliament) or MLA(Member of Legislature (c) Between two or more States. Assembly) Appellate jurisdiction : Appellate Jurisdiction: -  Under this jurisdiction, the Supreme Court can hear appeals on the following cases-  Under this jurisdiction, a High Court has Constitutional Cases, civil and criminal cases. the power to hear appeals about civil and  An appeal can be made to the Supreme Court in criminal cases against the decisions of the cases which relate to the interpretation of the lower Courts. Constitution, cases sent by the High Court and  Cases pertaining to marriage, divorce, laws criminal cases wills of the decreased persons, etc. are also  Where HC changes the decision of lower court taken up by the High Court. and gives a death sentence.  The Supreme Court can review its own decision. Advisory Jurisdiction : Advisory Jurisdiction : The Supreme Court has some advisory powers also.  It also has advisory functions and advise on the The President of India can seek the opinion of the matters of law or constitution if state government Court if there is a question of law or fact where the or governor so desires. interpretation of the Constitution is involved.  Further is has control over the subordinate The Supreme Court may give its opinion on the courts in the state. President’s question but it is not binding. Supervisory Jurisdiction: Supervisory Jurisdiction: Empowers the Supreme Court to supervise the All the subordinate Courts in the state concerned functioning of all the courts below. function under the control and guidance of HC of the State. Court of Record: Court of Record: The judgments of the High Under which the proceedings of the courts are Courts are regarded and considered authoritative preserved. These records can be cited as precedents in and serve as case law. future in all the country.  A High Court can start contempt proceedings against anyone who is found to indulge in contempt of the court.  All the decisions of High Court are binding on Lower Court, has to/ bound to follow them are known as PRECEDENT. Judicial Review: Judicial Review:  The Supreme Court has been given the power to decide whether a law passed by the Parliament or the  It can transfer to itself those cases where State legislatures and the executive decisions taken by substantial question of law is involved and require the Central or State government is constitutional or interpretation of the Constitution. not. If such a law or executive decision is found unconstitutional, then it can declare it as invalid. The Judicial review is an important means of protecting and enforcing the rights of people and guards the constitution. Supreme Court of India: -Protector of Fundamental Rights  The Supreme Court may declare a law passed by the legislature null and void, if it encroaches upon the Fundamental Rights of the people.  Therefore, our Fundamental Rights are secured in the hands of the SC. Supreme Court of India: -Guardian of the Constitution:  The Supreme Court of India is regarded as the guardian of the Constitution.  It is the Supreme or final interpreter of the Constitution.  The interpretation of the Constitution given by the Supreme Court is to be respected.  It doesn’t allow either the executive or the legislature to violate any provision of the Constitution SUBORDINATE COURT: -  Subordinate Court are lower courts at the district level and below.  They supervised and controlled by HC.  They are Civil Courts, Criminal Courts and Revenue Courts. There is the provisions for Nyaya Panchayat. CIVIL COURTS: CRIMINAL COURTS REVENUE COURTS  Highest court in the district is called  For criminal cases in district, highest  Deals with the cases of District Court. court is the Sessions Judge. Land revenue.  Judges are appointed by the Governor  Courts of Commissioner, in consultation with the high court.  Below this court is courts of Collector, Tehsildar and  Below the district court, there may be Magistrates of First, Second and Third Assistant Tehsildar works one or more courts of Sub- Judges. Class. under the Board of  Separate Family courts, where family Revenue which hear final matter like divorce, custody of child  In big cities like Delhi, Kolkata, First appeals against the lower etc., are heard. class magistrates are called revenue courts.  Below them are Courts of Munsifs METROPOLITAN MAGISTRATES. LOK ADALATS: ‘Justice delayed is justice denied’ (The idea was initiated by justice P.N.Bhagwati, a former Chief justice of India) Lok Adalats are called People’s Courts for speedy and inexpensive justice. The idea of Lok Adalat is really commendable and very useful. Set up in 1985 in Delhi. 150 cases were settled on the first day of Lok Adalat. An effort to simplify the legal procedure and to solve pending cases for years. Functioning of Lok Adalat:  Presided over by a retired judge. The disputing parties plead their case themselves.  No advocate or pleader is allowed to argue the case.  Eyewitness are not examined.  Efforts are made to settle disputes through compromise, mutual agreement and on the spot decisions. Public Interest Litigation:’  Even if the victim or affected parties do not file cases, any one from the general public, not involved in the case, may file litigation (law suit), if it is in the general public interest. It is the privilege of the Court to entertain or not to entertain the application for Public Interest Litigation.  Vast majority of people in India are poor and illiterate, cannot think of going to court and seeking justice. Justice is a remote dream for them. So, the concept of Public Interest Litigation was devised by Supreme Court of India. More and more matters related to public initiated under PIL. It has proved boon and bought legal aid to millions of poor, illiterate and ignorant Indians.  Cases under PIL- inadequate and unsafe transport system, supply of unhygienic water supply, exploitation of children and women in particular establishment etc.  Two recent devices in the judicial system of India are the Lok Adalats and Public Interest Litigation. They provide speedy and affordable judicial service to the poor and the downtrodden. ****************************************************************************************