Judiciary

Topics in the Chapter

• What is the Role of the Judiciary?
• What is an Independent Judiciary?
• What is the Structure of Courts in India?
• What are the Different Branches of the Legal System?

→ PIL

→ Importance of Judiciary

What is the Role of the Judiciary?

• Judiciary work is divided into the following types:

→ Dispute Resolution: The judicial system resolves disputes between citizens, between citizens and the government, between two state governments and between the centre and state governments.

→ Judicial Review: The judiciary is the final interpreter of the Constitution therefore, it 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.

What is an Independent Judiciary?

• The other branches of the State-like 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.
• All judges in the High Court as well as the Supreme Court are appointed with very little interference from other branches of government.

→ After appointment, it is very difficult to remove a judge.

What is the Structure of Courts in India?

• There are three different levels of courts in our country:

1^stSupreme Court of India

2^ndHigh Courts of States

3^rdDistrict Courts

→ Supreme Court of India: Located in New Delhi and is presided over by the Chief Justice of India.

→ High Courts of States: Each state has a High Court which is the highest court of that state.

→ Subordinate or district courts: These courts at the district or Tehsil level or in towns and presided over by a District Judge.

• The decisions made by higher courts are binding on the lower courts.
• A person can appeal to a higher court if they believe that the judgment passed by the lower court is not just through the appellate system.
• The Indian legal system deals with civil and criminal cases:

Does Everyone Have Access to the Courts?

• Theoretically, all citizens of India can access the courts in this country.
• In reality access to courts has always been difficult for a vast majority of the poor in India.

→ Legal procedures involve a lot of money and paperwork as well as take up a lot of time.

→ For a poor person who cannot read and whose family depends on a daily wage, the idea of going to court to get justice often so remote.

PIL

• Public Interest Litigation (PIL) is introduced by Supreme Court in the early 1980s.
• 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.
• A letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL.

Importance of Judiciary

• The judiciary has played a crucial role in democratic India.
• It also keep a check on the powers of the executive and the legislature.
• Also, it helps in protecting the Fundamental Rights of citizens.

MCQs

1. In which age judge of the High Court get retired?

(a) 62 Years

(b) 65 Years

(c) 60 Years

(d) 64 Years

► (a) 62 Years

2. The idea of the Public Interest Litigation was given by whom?

(a) President of India

(b) Prime Minister of India

(c) Supreme Court of India

(d) Parliament

► (c) Supreme Court of India

3. Unsatisfied from which court an individual go to the Supreme Court?

(a) Lok Adalats

(b) Nyaya Panchayats

(c) High Court

(d) District Court

► (c) High Court

4. What provisions are provided to ensure the independence of the judiciary in India?

(a) The Parliament can give judgment in criminal cases.

(b) The judges can be easily removed.

(c) Our Constitution has various provisions

(d) The executive can overrule the judgment given by the Supreme/High courts.

► (c) Our Constitution has various provisions

5. What is the full form of PIL?

(a) Public Interest limited

(b) Public Interference Limited

(c) Public Interest litigation

(d) None of these

► (c) Public Interest litigation

6. What is the system consisting of courts which interpret the constitution and award judgement?

(a) Judiciary

(b) Parliament

(c) Police

(d) Legislative

► (a) Judiciary

7. Judiciary in India resolves the disputes between

(a) State and State

(b) State and Citizen

(c) Citizen and Citizen

(d) All the above

► (d) All the above

8. How many high courts are in India?

(a) 21 High Courts

(b) 25 High Courts

(c) 26 High Courts

(d) 27 High Courts

► (a) 21 High Courts

9. Name the only Union Territory which has a High Court of its own?

(a) Pondicherry

(b) Delhi

(c) Chandigarh

(d) Daman and Diu

► (b) Delhi

10. Which is the foremost judicial body of our country?

(a) Supreme Court

(b) High court

(c) Lok Adalat

(d) None of these

► (a) Supreme Court

11. What is referred to as the supreme law of the land?

(a) Constitution

(b) Preamble

(c) Assembly

(d) None of these

► (a) Constitution

12. Who is the final interpreter of our Constitution?

(a) Judiciary

(b) Government

(c) Executive

(d) Legislative

► (a) Judiciary

13. Which article states the fundamental Right to Life guaranteed the right to food?

(a) Article 21

(b) Article 23

(c) Article 25

(d) Article 20

► (a) Article 21

14. In which year PUCL filed the PIL in the Supreme Court against government for the food shortage?

(a) 2000

(b) 2001

(c) 2003

(d) 2002

► (b) 2001

15. The removal of persons from land or homes that they are currently living in, is called:

(a) violation

(b) eviction

(c) separation of power

(d) judiciary

► (b) eviction

16. What is rule of law?

(a) Rich people are superior to other

(b) Low caste people are inferior

(c) All are same before law

(d) None of these

► (c) All are same before law