Chapter 5 - Judiciary
Question 1: How is the work of the judiciary categorized?
Answer: The work that the judiciary does can be divided into the following:
• Dispute Resolution: The judicial system provides a mechanism for resolving disputes between citizens, between citizens and the government, between two state governments and between the centre and state governments.
• Judicial Review: As the final interpreter of the Constitution, the judiciary also 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.
Question 2: How can we say that Indian Judiciary is independent?
Answer: Indian judiciary is considered an independent institution because:
• The 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.
Question 3: What is PIL? State the objectives of introducing PIL.
Answer:
• The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice.
• 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.
• The legal process was greatly simplified and even a letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL.
Question 4: What is the structure of the judicial system of India? /What is the Structure of Courts in India? /Explain the judiciary system existing in India.
Answer:
• There are three different levels of courts in our country.
• There are several courts at the lower level while there is only one at the apex level.
• Subordinate or district courts: The courts that most people interact with are what are called subordinate or district courts. These are usually at the district or Tehsil level or in towns and they hear many kinds of cases.
• High Court: Each state is divided into districts that are presided over by a District Judge. Each state has a High Court which is the highest court of that state.
• Supreme Court: At the top is the Supreme Court that is located in New Delhi and is presided over by the Chief Justice of India. The decisions made by the Supreme Court are binding on all other courts in India.
Question 5: Differentiate between Criminal Law and Civil Law.
Answer: Difference between Criminal Law and Civil Law:
• Criminal Law:
→ Deals with conduct or acts that the law defines as offences. For example, theft, harassing a woman to bring more dowry, murder.
→ It usually begins with the lodging of an 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 rights of individuals. For example, 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. In a rent matter, either the landlord or tenant can file a case.
→ The court gives the specific relief asked for. For instance, in a case between a landlord and a tenant, the court can order the flat to be vacated and pending rent to be paid.
Question 6: What is the need of an independent judiciary in a democracy? /Write a brief note on the independence of the judiciary.
Answer: Independent judiciary is essential to democracy because
• It allows the courts to work independently, without being under the influence of the rich and powerful people or other branches of the state like - the legislature and the executive.
• The court can play a crucial role in protecting the Fundamental Rights of the citizens as well as enforce the rule of law.
• 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 these other branches of government.
• Once appointed to this office, it is also very difficult to remove a judge.
Question 7: Does Everyone Have Access to the Courts?
Answer:
• 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.
• 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.
• 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.
• 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.
• The court exercise a crucial role in interpreting the Fundamental Rights of Citizens.
• The judiciary serves as a check on the powers of the executive and the legislature and protecting the Fundamental Rights of the citizens.
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