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WHAT IS JUDICARY?
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Dispute Resolution
- provides mechanism for resolving disputes
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Judicial Review
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has the power to strike down particular laws by the Parliament
- if the judiciary thinks it is a violation against the Constitution
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Every citizen can approach the courts
- if they believe that their Fundamental Rights have been violated
- Article 21 provides Fundamental Right to Life
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INDEPENDENT JUDICIARY
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Indian Constitution protects partiality of the judiciary
- by providing for the independence of Judiciary
- Legislature and Executive cannot interfere in the work of Judiciary
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Courts are not under the government
- do not act on their behalf
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The Judges are appointed with little interference
- from the other branches of Government
- If a judge is appointed, it is difficult to remove him/her
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Independence of Judiciary allows courts to paly a central role
- ensuring there is no misuse of power by Legislative and Executive
- plays crucial role in protecting Fundamental Rights
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STRUCTURE OF COURTS
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Three levels of courts
- Lower level
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District or Tehsil Level
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district or subordinate courts
- most people interact with courts at this level
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Apex Level
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The Supreme Court
- presided by the Chief Justice of India
- decisions made are binding on all other courts
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Highest court of a state
- The High Court
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State is divided into districts
- presided by District Judge
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All the different levels are connected
- India has an integrated Judicial system
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Appellate system
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a person can appeal at a higher court
- if the judgement passed by a lower court is not just
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BRANCHES OF LEGAL SYSTEM
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Criminal Law
- deals with acts that the law defines as offences
- begins with the lodging of an FIR
- if found guilty, the person can be sent to jail and fined
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Civil Law
- deals with harm to rights of individuals
- a petition has to be filed before the court by the affected party
- court gives the specific relief asked for
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ACCESS TO COURTS
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all citizens can access the courts
- every citizen has right to justice
- accessability to courts has been difficult for a vast majority
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The Supreme Court in 1980s
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devised a mechanism of Public Interest Mitigation(PIL)
- to increase access to the courts
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person's access to justice takes a long period of time
- oftenly called 'justice delayed is justice denied'
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The members of the Constituent Assembly had quite correctly envisioned a system of courts
- with an independent judiciary as a key feature