What is the Role of the Judiciary?
• Judiciary work is divided into the following types:
→ Dispute Resolution: The judicial system resolves disputes between citizens, between citizens and the government, between two state governments and between the centre and state governments.
→ Judicial Review: The judiciary is the final interpreter of the Constitution therefore, it has the power to strike down particular laws passed by the Parliament if it believes that these are a violation of the basic structure of the Constitution. This is called judicial review.
→ Upholding the Law and Enforcing Fundamental Rights: Every citizen of India can approach the Supreme Court or the High Court if they believe that their Fundamental Rights have been violated.
What is an Independent Judiciary?
• The other branches of the State-like the legislature and the executive – cannot interfere in the work of the judiciary.
• The courts are not under the government and do not act on their behalf.
• All judges in the High Court as well as the Supreme Court are appointed with very little interference from other branches of government.
→ After appointment, it is very difficult to remove a judge.
What is the Structure of Courts in India?
• There are three different levels of courts in our country:
Supreme Court of India
⬇
High Courts of States
⬇
District courts
→ Supreme Court of India: Located in New Delhi and is presided over by the Chief Justice of India.
→ High Courts of States: Each state has a High Court which is the highest court of that state.
→ Subordinate or district courts: These courts at the district or Tehsil level or in towns and presided over by a District Judge.
• The decisions made by higher courts are binding on the lower courts.
• A person can appeal to a higher court if they believe that the judgment passed by the lower court is not just through the appellate system.
What are the Different Branches of the Legal System?
• The Indian legal system deals with civil and criminal cases:
| Criminal Law | Civil Law |
| It deals with conduct or acts that the law defines as offences. For example, theft or murder. | It deals with any harm or injury to rights of individuals. For example, disputes relating to sale of land. |
| It usually begins with the lodging of FIR with the police who investigate the crime after which a case is filed in the court. | A petition has to be filed before the relevant court by the affected party only. |
| If found guilty, the accused can be sent to jail and also fined. | The court gives the specific relief asked for. |
Does Everyone Have Access to the Courts?
• Theoretically, all citizens of India can access the courts in this country.
• In reality access to courts has always been difficult for a vast majority of the poor in India.
→ Legal procedures involve a lot of money and paperwork as well as take up a lot of time.
→ For a poor person who cannot read and whose family depends on a daily wage, the idea of going to court to get justice often so remote.
PIL
• Public Interest Litigation (PIL) is introduced by Supreme Court in the early 1980s.
• It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated.
• A letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL.
Importance of Judiciary
• The judiciary has played a crucial role in democratic India,
• It also keep a check on the powers of the executive and the legislature
• Also, it helps in protecting the Fundamental Rights of citizens.
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