Chapter 5

Judiciary

 Role of the Judiciary

 Dispute resolution
 A mechanism is provided by the judicial system for resolving
disputes between
1. Citizens
2. Citizens and the government
3. Two state governments
4. The centre and state governments
 Judicial review
 The Judiciary, being the final interpreter of the Constitution, has
the power to remove certain laws passed by the Parliament, if it
sees that the laws are a violation of the Constitution’s basic
structure. This is called Judicial Review.
 Upholding the law and enforcing fundamental rights
 If some citizens believe that their Fundamental Rights have been
violated, then they can approach the Supreme Court or the High
Court.

 What is an Independent Judiciary?

 ‘Separation of Powers’
It means that the branches of the state, the executive and the legislature
cannot interfere in the Judiciary’s work.
 Independence of the judiciary allows the courts to play a central role in
ensuring that there is no misuse of power by the executive and/or the
legislature.

 Structure of Courts in India

 Three different levels of courts exist in our country.

COURTS LOCATION HEADED BY

1. District or subordinate District or tehsil
District Judge
courts level
Chief Justice of
2. High courts State level
the High Court
The highest court in Chief Justice of
3. Supreme court
India India
  We have an integrated judicial system in India. This means that the
decisions made by the Higher Courts are binding on the Lower Courts.
 Appellate system exists in India. This means that a person can appeal to a
higher court if they believe that the judgment passed by the lower court is
not just.
 Different Branches of the Legal System
 Criminal law
 Deals with acts that the law defines as offences. E.g., Harassing a
woman for more dowry, murder, theft, etc.
 Begins with lodging a First Information Report (FIR) with the police
 Police investigates a crime after the case is filed in the court
 If the accused is found guilty, then he/she can be fined or sent to
jail.
 Civil law
 Deals with harm or injury to the rights of citizens. E.g., Disputes
regarding the sale of land, divorce cases, etc.
 Petition has to be filed before the relevant court by the affected
party only.
 Court gives specific relief asked for.

 Does Everyone Have Access to the Courts?

 Every citizen can access the courts in our country.
 If a citizen believes that his/her Fundamental Rights are violated, then
he/she can go to the court to seek justice.
 Access to courts has always been difficult for a majority of the poor people
in India. Legal procedures demand a lot of money, paperwork and a lot of
time.
 In the early 1980s, the Supreme Court devised a mechanism of Public
Interest Litigation (PIL) to increase access to justice. It allowed an
individual or an organisation to file a PIL in the High Court or the Supreme
Court on behalf of those whose rights were violated.