Chapter 5 JUDICIARY

What Is The Role Of The Judiciary?

The judiciary is a crucial organ of India's democratic system, responsible for upholding the rule of law and enforcing Fundamental Rights. Its key roles include resolving disputes between citizens, between citizens and the government, and between different state governments. It also exercises judicial review, the power to strike down laws that violate the Constitution's basic structure. The judiciary plays a vital role in protecting citizens' fundamental rights, ensuring that any violation can be brought before the courts for redressal.

What Is An Independent Judiciary?

An independent judiciary is essential for democracy, meaning it functions without interference from other branches of government, such as the legislature and the executive. This independence ensures that judges can make decisions impartially, free from political pressure or influence from powerful individuals. Separation of powers, where each branch exercises different functions, helps maintain this independence. Judges are appointed with minimal interference and are difficult to remove, further ensuring their autonomy.

What Is The Structure Of Courts In India?

India has an integrated judicial system with three levels: subordinate courts (at district or tehsil level), High Courts (at the state level), and the Supreme Court (at the apex, located in New Delhi). Decisions made by higher courts, like the Supreme Court, are binding on lower courts. This structure allows for an appellate system, where individuals can appeal to higher courts if they believe a lower court's judgment was unjust, ensuring a mechanism for review and correction.

What Are The Different Branches Of The Legal System?

The legal system in India deals with two main types of cases: criminal law and civil law.

• Criminal Law: Deals with conduct or acts defined as offenses against society, such as theft, murder, or harassing a woman for dowry. These cases typically begin with an FIR lodged with the police, followed by an investigation and a court trial, potentially leading to jail or fines if found guilty.
• Civil Law: Addresses harm or injury to individuals' rights, involving disputes related to property, rent, purchase of goods, or divorce. In these cases, the affected party files a petition in the relevant court, which then provides specific relief, such as ordering the vacation of a property or payment of pending rent.

Does Everyone Have Access To The Courts?

While the Indian Constitution guarantees access to justice for all citizens, in reality, accessing the courts can be difficult for the poor due to the costs, paperwork, and time involved in legal procedures. To address this, the Supreme Court introduced Public Interest Litigation (PIL) in the 1980s, allowing any individual or organization to file a case on behalf of those whose rights are violated. This simplified legal process, even accepting letters and telegrams, has been instrumental in securing justice for various groups, including bonded laborers and prisoners, and even led to the implementation of the midday meal scheme in schools.

Exercises

The chapter exercises aim to reinforce understanding of the judiciary's role, independence, structure, and accessibility in India. Questions prompt students to explain the importance of an independent judiciary, connect the Right to Constitutional Remedies with judicial review, and analyze case studies like the Sudha Goel case to understand the judicial process and hierarchy. Students are asked to differentiate between criminal and civil law, explain the significance of PIL, and reflect on the concept of "justice delayed is justice denied." Activities encourage students to research court structures, analyze the impact of judicial delays, and critically assess the government's role in upholding the right to food.