JUDICIARY - VIIII CIVICS

 

 

                                                                 CLASS - VIII

                                                   SOCIAL SCIENCE - CIVICS 

                                                                  JUDICIARY

• Supreme Court plays important role of safe­guarding the fundamental rights of citizens which includes provid­ing fair justice also.
• Impartiality and Intelligence are some of the important characteristics of the independent judiciary in a democratic setup.
• Therefore, the judiciary plays a crucial role in the functioning of India’s democracy.

 

 

What is the Role of the Judiciary:

Upholding the Law and Enforcing Fundamental Rights: Every citizen of India can approach the Supreme Court or the High Court

(i) Dispute Resolution- The judicial system provides a mechanism of courts for resolving disputes between citizens, citizens and the government, two state governments and the central and state governments.

(ii) Judicial Review- The judiciary 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

(iii) Upholding the law & enforcing Fundamental Rights – Every citizen of India can approach the Supreme Court or the High Court if his/her Fundamental Rights have been violated.

 

What is an Independent Judiciary:

The Independence of Judiciary means:

1. Other branches of government – 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.
2. 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.
3. Judiciary is the guardian of the constitution and defender of fundamental rights of the people.
4. Independence of the judiciary also plays a crucial role in protecting the Fundamental Rights of citizens.

 

 

What is the Structure of Courts in India:

(i) There are three different levels of courts in India.

1. District Court: The courts that most people interact with are called subordinate or district courts or Tehsil level court.
2. High Court: Each state has a High Court which is the highest court of that state.
3. Supreme Court : The Supreme Court of India is the highest judicial authority. It is located in New Delhi and is presided over the Chief Justice of India. The decisions made by the Supreme Court are binding on all other courts in India.

 (ii) In India, we have an integrated judicial system, meaning that the decision made by higher courts are binding on the lower Courts as all these different levels of courts are connected to each other.

(iii) Appellate System: This means that a person can appeal to a higher court if they believe that the judgement passed by the lower court is not just. This system exists in India. It is another way that defines the integration of all the levels of courts.

What are the Different branches of the Legal System?

 

Criminal Law

• ·   Deals with conduct or acts that the law defines as offences
•   Eg: Theft, harassing a woman, dowry, murder 
•    It usually begins with the lodging of a First Information Report (FIR) with the police who investigate the crime after which a case is filed in the court.If found guilty, the accused can be sent to jail and also fined.

 

Civil Law

• · Deals with any harm or injury to the rights of individuals
• ·         Eg: Disputes relating to sale of land, purchase of goods, rent matters, divorce cases
• ·         A petition has to be filed before the relevant court by the affected party only
• ·         The court gives the specific relief asked for.

 

Does Everyone Have Access to the Courts:

(i) In principle, all citizens of India can access the courts in this country. This implies that every citizen has a right to justice through the courts.

(ii) Legal procedures involve a lot of money and paperwork which take up a lot of time. Poor people often avoid to go the court to get justice.

(iii) The Supreme Court devised a mechanism of Public Interest Litigation or (PIL) to increase access to justice in 1980’s. It allowed any individual or organization to file a PIL in the High Court or the Supreme Court on behalf of those whose right were being violated.

(iv) The legal process was simplified and even a letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL.

(v) The court exercise a crucial role in interpreting the Fundamental Rights of Citizens.

(vi) The judiciary serves as a check on the powers of the executive and the legislature and protecting the Fundamental Rights of the citizens.

.

The phrase ‘justice delayed is justice denied’ is often used to characterize extended time period that courts take. However, in spite of this there is no denying that the judiciary has played a crucial role in democratic India, serving as a check on the powers of the executive and the legislature as well as in protecting the Fundamental Rights of citizens.