Judiciary Flashcards
What is independent judiciary and how is it important?
*This means that other branches of the government, the legislature and executive cannot interfere in the work of the judiciary.
*It’s important because it ensures that there is no misuse of power ,by the legislatures and the executives, and it also protects the fundamental rights of the citizens.
What are the roles of the judiciary? Explain.
*Judiciary review: As the final interpreter of the Constitution, the judiciary also 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.
*Dispute resolution: The judicial system provides a mechanism for resolving disputes between citizens, between citizens and the government, between 2 state governments and between the central and state government.
*Upholding the law and enforcing the 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 are the structure of courts in India? Explain.
*The court that most people interact with is the subordinate or district court. These are usually at the district or tehsil level or in towns, and they hear many kinds of cases. It’s usually presided over by district judge.
*Each state has a High court, which is the highest court of that state.
*At the apex is the High Court, It’s located in New Delhi and is presided over by the Chief Justice of India. The decision made by the Supreme Court is binding upon all the courts in India.
Define appellate system.
This means that a person can appeal to a higher court if they believe that the judgement given by the lower court is not just. The decisions made by the higher courts are binding on the lower courts.
What is single integrated system?
*When a country doesn’t have separate laws for each state, its known as a single integrated system. India is a single integrated system.
*India has one civil and criminal system operating.
*That way one can appeal in the judiciary system through the hierarchy of courts
Jurisdiction meaning.
The official power to make legal decisions and judgements.
Writ meaning.
A writ is a formal written order issued by the court.
Criminal law.
*It deals with conduct or acts that the law defines as offensive, for example, theft.
*It usually begins with the logging of a First Information Report (fir) with the police who investigate the crime, after which a case is filed in the court.
*If found guilty, the accused can be sent to jail and also fined.
Civil law.
*Deals with any harm or injury to rights of individuals. For examples, purchase of goods, rent matters, divorce cases.
*A petition has to be filled before the relevant court by the affected party only.
*The court gives the specific relief asked for.
Explain PIL.
*The Supreme Court in the early 1980s devised a mechanism called the Public Interest Litigation, or PIL to increase access to justice.
*It allowed any individual or organization to file a PIL in the High court or the Supreme Court on behalf of those whose rights have been violated.
*The legal process was greatly simplified to the point that a letter to the High Court or Supreme Court can be used as a PIL.
