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JUDICIARY

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Lesson Overview

Need of Independent Branches of


Judiciary Judiciary Legal
System

01 02 03 04 05 06

Role of Structure of Challenges


Judiciary Judiciary faced by
the Indian
Judiciary
Lesson Overview

Need of Independent Branches of


Judiciary Judiciary Legal
System

01 02 03 04 05 06

Role of Structure of Challenges


Judiciary Judiciary faced by
the Indian
Judiciary
Why Do We Need a Judicial System?

Lack of fairness or violation of rights leads to injustice.


Why Do We Need a Judicial System?
• To safeguard rights of individuals
• To settle disputes in accordance with law
• To ensure peace and harmony in society
• To administer justice in the country
Lesson Overview

Need of Independent Branches of


Judiciary Judiciary Legal
System

01 02 03 04 05 06

Role of Structure of Challenges


Judiciary Judiciary faced by
the Indian
Judiciary
Dispute Resolution

Role of
Judicial Review
Judiciary

Upholding the laws and enforcing


fundamental rights
Role of Judiciary
• The judiciary resolves disputes between
citizens, dispute between the government and
citizens and disputes between central and state
governments.
• The foremost responsibility of the judiciary is
to uphold the constitution.
• The courts uphold the law of the land and
enforce the fundamental rights of the citizens.
• The Parliament can not pass any law that
violates the basic structure of the constitution.
Judicial Review
• Judicial Review : If any law passed by the
Parliament or State Assembly violates the
constitution, the law is declared illegal.
• Judicial Review is exercised by the Supreme Court
and the High Court.
• A person can file a complaint if he feels that his
fundamental rights are being violated.
• The right to constitutional remedy is a fundamental
right under Article 32.
• One can also file a complaint on behalf of someone
using Public Interest Litigation.
Lesson Overview

Need of Independent Branches of


Judiciary Judiciary Legal
System

01 02 03 04 05 06

Role of Structure of Challenges


Judiciary Judiciary faced by
the Indian
Judiciary
What if the Judge was Influenced by
Money and Power?
Independent Judicial System

• Independence of judiciary is essential for


unbiased verdicts.
• Article 50: Separation of judiciary from executive.
• The Supreme Court and High Court judges are
appointed by the President of India.
• Judges have security of tenure and cannot be
removed or transferred to their disadvantage.
Independent Judicial System
• Salaries of the Supreme
Court judges are charged
to the Consolidated Fund
of India.
• The verdict given by the
Supreme Court can not
be criticized in the
Legislature.
• The Supreme Court has
the power to punish any
person who disobeys the
court of law.
Lesson Overview

Need of Independent Branches of


Judiciary Judiciary Legal
System

01 02 03 04 05 06

Role of Structure of Challenges


Judiciary Judiciary faced by
the Indian
Judiciary
Structure of the Indian Judiciary
Single Integrated System

Supreme Court

High Court

District Court
Supreme Court

• The Supreme Court is located in


New Delhi.
• It is presided by the Chief Justice
of India.
High Court

• High Court functions at the state


level.
• There are 25 High courts in India.
District Court

• Each state is divided into districts


that have District Courts.
• Presided by District Judge.
Structure of the Indian Judiciary
• If a person is not satisfied with the
fairness of the judgement passed
by a lower court, he can make an
appeal to a higher court.
• Appellate jurisdiction: The power
of the higher court to review the
decision or change the result of the
lower court.
• The Supreme Court has wide
appellate jurisdiction.
Lesson Overview

Need of Independent Branches of


Judiciary Judiciary Legal
System

01 02 03 04 05 06

Role of Structure of Challenges


Judiciary Judiciary faced by
the Indian
Judiciary
Civil Law

Branches
of Law

Criminal Law
Civil Law
• Deals with the disputes
related to land, rent
matters, divorce cases, etc.
• Cases are not criminal in
nature.
• The affected party files a
petition before the court.
• Petition is a formal written
document requesting the
court to look into a certain
matter.
Criminal Law

• Deals with the disputes related


to theft, murder, dowry and
more.
• The affected party lodges First
Information Report (FIR) with
the police.
• The police investigates the
matter after which the case is
filed in court.
• If found guilty, the accused can
be sent to jail, fined or both.
What will you do if your bike is robbed?
What is the first step that the police will take?
First Information Report (FIR)

• Document prepared by the police.


• Contains details of crime and alleged
criminal.
• Upon investigation, if no offense is found
the police will close the query.
Quick Question
Which court is at the apex of the judicial system?

A High Court B Supreme Court

C District Court D None of the above


Which court is at the apex of the judicial system?

A High Court B Supreme Court

C District Court D None of the above


DOUBT BOARD
Lesson Overview

Need of Independent Branches of


Judiciary Judiciary Legal
System

01 02 03 04 05 06

Role of Structure of Challenges


Judiciary Judiciary faced by
the Indian
Judiciary
Public Interest Litigation (PIL) PIL

• Approaching the courts can be costly and


time consuming.
• It is difficult for the underprivileged to
access courts.
• The Supreme Court in the early 1980s,
devised a mechanism of Public Interest
Litigation (PIL) to increase access to
justice.
• Anyone can file a PIL on behalf of those
whose rights are being violated.
Mid-day Meal
Mid-day Meal
• In 2001, the drought of Rajasthan and
Orissa caused severe food shortage even
though government godowns were
overflowing with grains.
• These grains were of no use as they were
infested by rats.
• An organisation named​ Public Union of
Civil Liberties filed a PIL.
• It stated that Right to Life included Right
to Food.
Mid-day Meal
• The Supreme Court gave
the verdict that the State
shall provide food to all.
• Provide food at cheaper
prices and
mid-day meals to children.
• Food Commissioners were
assigned to oversee the
implementation of
such schemes.
Quick Question
What is the first step taken by the person to seek justice in
a criminal case?

A PIL B FIR

C District Court D High Court


What is the first step taken by the person to seek justice in
a criminal case?

A PIL B FIR

C District Court D High Court


Justice Delayed is Justice Denied

• As of May 2022, 4.7 crores of cases are


pending in courts.
• 87.4% are in subordinate courts.
• 12.4% are in High Courts.
The Indian Judiciary

• Plays an important role in the expansion


of democracy.
• People have trust in the judicial system.
• Protects the freedom of individuals.
Summary
Located in New Delhi and is presided
Supreme Court over by the Chief Justice of India

Single High Court The highest court of the state


Integrated
System

Each state is divided into


districts that has District
District Court
Courts and are presided by
District Judge
• Deals with the minor conflicts
Civil Law
which affects the rights of a
person.
Branches • For example cases related to
of Legal land and property, rent
System agreement, divorce, etc.

Criminal Law • Deals with crimes against the


society.​
• For example, theft, robbery,
dowry, murder, etc.​
Need of Judiciary

• To safeguard rights of individuals


• To settle disputes in accordance with
law
• To ensure peace and harmony in society
• To administer justice in the country
DOUBT BOARD
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