Indian Judiciary-Key notes PDF

SUBJECT: SOCIAL STUDIES CIVICS: LESSON-4 THE JUDICIARY GRADE:8 Keynotes Indian Judiciary- Independence of the judiciary The judiciary, which is the third organ of the government is responsible for imparting justice and th...

SUBJECT: SOCIAL STUDIES CIVICS: LESSON-4 THE JUDICIARY GRADE:8 Keynotes Indian Judiciary- Independence of the judiciary The judiciary, which is the third organ of the government is responsible for imparting justice and thereby strengthening democracy. Justice is possible only if the judiciary is impartial and unbiased in its decisions. Therefore, it is important that the judiciary remains independent of the influence of the other two organs of the government- the executive and the legislature. Structure of the Indian Judiciary The judiciary works through a network of courts. For justice to be imparted, there should be more than one court of appeal. If any person feels that they have been wrongly accused in that first trial, they should have the right to appeal to a higher court. Our constitution provides for a single integrated judiciary with a tiered system of trial courts. The structure of the Indian Judiciary is in fact, a pyramidal structure where the Supreme Court is at the apex. Below the Supreme Court are the High courts. The High Court is the highest court at the State level. Some states and union territories share a common high court. Below the high courts are the subordinate courts. As mentioned above our judiciary is integrated. Therefore, cases from the lower courts can be appealed to the High courts and ultimately to the Supreme Court. Supreme courts Decisions are binding on all courts. Can move cases from lower courts to itself High Court Can hear appeals from the lower courts. Deals with cases within the jurisdiction of the state District and Subordinate Courts Deals with criminal and civil cases Deals with cases arising in the districts and lower levels. Role of Judiciary (Importance of Judiciary) Resolution of disputes: Disputes between: individuals or between government and individuals, between the state and central government, or between two or more state governments are resolved by the judiciary. Interpreter of the law: If the law on a particular matter is unclear or the law is silent on that matter.  Custodian of the Civil Rights and Fundamental Rights: If citizens feel their fundamental rights have been violated or taken away, they can move the courts to seek justice. Upholder of the Constitution: If a law passed by the Parliament violates the Constitution, it can be declared void by the judiciary. Jurisdiction of the Courts Types of Cases Civil Case Criminal Case ❖ Civil cases relate to disputes over money, ❖ Criminal cases involve offences like thefts, property, and social matters like inheritance robberies, murders, cheating, and physical and marriage disputes. injury. ❖ Sentence awarded in civil cases includes ❖ The sentences awarded in criminal cases are payment for damages to the party concerned. fines and short-term prison sentences or death sentences depending on the gravity of the ❖ This type of case relates to a dispute between crime. two private individuals. ❖ In criminal cases, the state itself is the complainant because a crime is seen as an offence against society at large and not against an individual. Supreme Court -Located in New Delhi, It is the topmost court of the Indian judiciary. Composition It consists of a Chief Justice who heads the proceedings of the court and several other judges work closely with him. The President appoints the Chief Justice. The President also appoints other Judges of the Supreme Court in consultation with the Chief Justice of India. Qualification To be eligible to be a judge of the Supreme Court a person must be: ▪ A citizen of India. ▪ A high court advocate for at least ten years or a high court judge for at least five years. ▪ A distinguished jurist (law expert) in the president’s opinion. Tenure and removal ❖ He can remain in office till he attains the age of 65 years. ❖ The process of removal of a judge of the Supreme Court is not easy. ❖ He can be removed by the President on grounds of proven misbehavior or incapacity. ❖ The process of removal of judges is through impeachment. In this process, each house of the parliament passes a resolution to that effect by a majority of the total membership of that house and by a majority of not less than 2/3 members present and voting. Powers of the Supreme Court: Original Jurisdiction ❖ The union and one or more state ❖ Two or more states ❖ The union and any state or states on one side and one or more states on the other side Appellate Jurisdiction o Cases involving interpretation of the constitution. o Cases sent by the High courts o Criminal cases in which a high court changes the decision of a lower court and gives a death sentence. o During the review of its own earlier decisions. Advisory Jurisdiction It is exercised by the Supreme Court when the president seeks advice on constitutional issues. Supervisory Jurisdiction-The Supreme Court supervises the functioning of all the courts below it and sees whether it is following the procedures or not. Court of record o Its decisions are recorded and they assume the character of a law. o No decision of the Supreme Court can be challenged in any court in India. o The decisions of the Supreme Court are binding on all courts in India. High Court At the state level, the high court is the highest court of appeal. There are 25 high courts in India Composition of the High Court and the appointment process of its judges. The High Court consists of a chief justice and other judges. To be eligible to be a judge of the high court a person must be a citizen of India and a high court advocate for at least ten years. The chief justice is appointed by the President in consultation with the chief justice of the Supreme Court and the governor of the concerned state.  Other Judges are appointed by the President in consultation with the Chief Justice of India, the governor and the chief justice of the concerned high court. Powers and Functions of the High Court Original Jurisdiction ❖ The protection of fundamental rights. ❖ Disputes related to state election. ❖ Cases where interpretation of the constitution is needed. Appellate Jurisdiction If a party to a dispute is not satisfied by the judgment of the lower court it can appeal to the High court. The high court hears appeals in three types of cases, Criminal and Revenue. Supervisory Jurisdiction: It supervises the functioning of all the courts below it. Court of Record: Maintains a record of its decisions for the subordinate court to refer to whenever needed in similar cases. Qualification ▪ A citizen of India. ▪ A high court advocate of at least 10 years. ▪ A holder of a judicial officer of India for at least 10 years. District Courts Revenue Courts Nyaya Panchayats For administrative Disputes in matters of payment of In rural areas, there are small law convenience, each state is revenue are settled through revenue courts called the Nyaya divided into districts. courts. panchayats. The functions of the At the district level, the The Board of Revenue is the highest Nyaya Panchayat include court of the district judge is court in a state. Resolving petty and the highest court for dealing Appeals from these courts can be criminal cases. with civil cases. taken to the high court. Levying small fines The highest district court for The court of the collector is the most Often serving three to four dealing with criminal cases important revenue court in a district. villages is the Court of Sessions Appeals from the Nyaya judge. panchayats can be taken to the The district judge acts as the higher courts like the district session judge also. courts. Lok Adalat In our country, the process of imparting justice is often a lengthy and expensive affair. To solve this problem, Lok adalats have been set up. ❖ They are presided over by retired judges. ❖ The disputing parties put forward their cases and the matter is resolved without a pleader or advocate. ❖ The first Lok Adalat was held in Delhi in 1985 and in a single day,150 cases were settled. ❖ Cases are decided very speedily without much expenditure. Independence of Judiciary o The rights of the citizens are protected. o The judges should be able to perform their duties without fear. o The Legislature and Executive must not interfere with its decisions. o The conduct of the judges or their decisions cannot be discussed in the parliament, which allows the judiciary to function without the fear of criticism. Importance of Public Interest Litigation. o An effective instrument for changes in society or social welfare. o Any public or person can seek remedy on behalf of the oppressed class by introducing a PIL. o One can directly write a mail to the court. o In the year 2018, the Supreme Court passed a historic judgment striking down the law barring women in the 10-50 age group from entering the Sabarimala temple in Kerala. o The beginning of the mid-day meal scheme, release of prisoners in Bihar who had spent time beyond their punishment terms, demands clean air and unpolluted water have all found expressions through the PIL’S. o Through the PIL, the courts have not only widened the scope of human rights- but have also shown an eagerness to consider the rights of those sections of society who cannot access the courts easily. *******************************************************************************