JUDICIARY Flashcards
As an organ, it plays plays a crucial role in functioning of India's democracy
Does India function independently or do they have laws?
In India, there is a rule of law.
What do you man by ‘RULE OF LAW’?
Rule of law means that the laws of India apply equally to all persons and a certain set of fixed procedures needs to be followed when a law is violated
What step has been taken by the Indian government to ensure this rule of law?
To enforce or to ensure this rule of law, there is a judicial system in India consisting of the mechanism of courts that a citizen can approach when a law is violated.
Can Judiciary function on its own?
Judiciary is independent in its functioning i.e. there is no interference of government in the functioning of judiciary
“Courts take decisions on a very large number of issues”- Elucidate the point based on your interpretations. OR
What is the role of judiciary?
The judiciary performs the following roles:-
– DISPUTE RESOLUTION: Judiciary provides a mechanism for resolving dispute between citizens, between citizens and the government, between two state governments, and between the central and state government.
– JUDICIAL REVIEW: Judiciary is the final interpreter of the Constitution. It has the power of judicial review which means that it can strike down particular laws passed by the government (parliament) if it believes that these violates the basic structure of the constitution.
– 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 does judicial review mean?
Judicial review refers to the power of Judiciary to modify or cancel the laws framed by the Parliament.
What is most important for a judge in judiciary?
Impartiality of the judge is the most important in every aspects of Judiciary.
How we ensure that the judge and judiciary remains impartial?
The Indian Constitution has provided for an independent Judiciary through the provisions of SEPARATION OF POWER
What do you mean by independent judiciary?
It means that:-
i. the other branches of the government (the legislature and the executive) cannot interfere in the work of judiciary.
ii. The courts are not under the government and do not act on their behalf.
How does separation of power play a role in ensuring proper functioning of the judiciary?
– All judges in the High Court as well as the Supreme Court are appointed with very little interference from other branches of government.
– It is very difficult to remove a judge, once he/she is appointed to the office.
What are the advantages of independent judiciary?
–Independence of Judiciary allows the courts to ensure that there is no misuse of power by the legislature and the executive.
– It also plays a crucial role in protecting Fundamental Rights of citizens because anyone can approach the courts if they believe that their rights have been violated.
How many levels and courts are there in India at each level?
There are three different levels of courts in India.
These include several courts at the lower level and only one at the apex level.
“There are three different levels of courts in India”- Elucidate the statement.
- DISTRICT/SUBORDINATE COURT:-
– they are at the district/ tehsil/ town level.
– most of the people interact with these courts
– Each state is divided into districts that are presided over by a District Judge. - HIGHT COURT:-
– exist at the state level
– they are the highest court of the state. - SUPREME/APEX COURT:-
– it is the court at the top level in India.
– it is presided over by Chief Justice of India.
– located in New Delhi
– established on 26th January, 1950
– the decisions taken by the Supreme Court are binding on all other courts in India
What are the other names of the subordinate court?
The subordinate court is more commonly known by different names. The include the Trial Court/ Court of the District Judge/ Additional Sessions Judge/ Chief Judicial Magistrate/ Metropolitan Magistrate/ Civil Judge.
Are these different level of courts connected to each other?
All these different courts are connected to each other. In India, there is an integrated judicial system. This integration can also be further understood by the APPELLATE SYSTEM that exists in India.
What do you mean by INTEGRATED JUDCIAL SYSTEM?
The decisions made by higher courts are binding on the lower courts.
What is the APPELLATE SYSTEM?
In this system, a person can appeal to a higher court if they are not satisfied with the judgement of the lower court.
Where and when was the first high court established?
The first High Court was established in the three Presidency cities of Calcutta, Bombay and Madras in 1862.
After independence, when and which court was established first?
In 1966, the Delhi High Court was established after independence.
Currently how many high courts are there in India?
There are 25 High Courts at present in India
Which states share a common High Court and where is the High Court located?
- Punjab and Haryana share a common High Court at Chandigarh.
- The four north-eastern states- Assam, Nagaland, Mizoram, and Arunachal Pradesh share a common High Court at Guwahati
Does Andhra Pradesh and Telangana have a common High Court?
No, Andhra Pradesh and Telangana have separate High Courts from 1st January, 2019 at Amravati and Hyderabad respectively .
Why do some High Courts have benches in other parts of the states? Give example.
Some High Courts have benches in other parts of the states for greater accessibility.
EX- MP (Jabalpur and Indore)
Where was the Supreme Court located before and where is it now?
The Supreme Court was earlier located in the Chamber of Princes in the Parliament House.
It moved to its present building at Mathura Road in New Delhi in 1958.
How many branches are there of the legal system in India and name them?
There are two branches of the legal system in India which are CRIMINAL LAW & CIVIL LAW.
What does the Criminal and Civil Law deal with respectively?
- CRIMINAL LAW: deals with conduct or acts that the law defines as offences.
- CIVIL LAW: deals with any harm or injury to the rights of individuals.
Provides examples of cases that fall under Criminal and Civil Law.
- The examples of cases that fall under criminal law are theft, harassment of women for dowry, murder, etc.
- The example of cases that fall under civil law are sale of land, dispute on purchase of goods, rent matters, divorce cases, etc.
How does a person take action when the Criminal and Civil Law are violated?
- CRIMINAL LAW: it begins with lodging an FIR with the police who investigates the crime. After the investigation the case is filed in the court
- CIVIL LAW: the petition has to be filed in the relevant party by the affected party only
What happens when the accused is found guilty under Criminal and Civil Law?
- CRIMINAL LAW: under this law, if the accused is found guilty, he/she can be sent to jail and also fined.
- CIVIL LAW: under this law, if the accused is found guilty, the court gives specific relief that is asked for.
Give a real-life example that falls under Criminal Law. (from book)
The dowry case falls under ‘crime against society’ and is a violation of Criminal Law.
Give a real-life example that falls under Civil Law. (from book)
In rent matter, either the landlord or the tenant can file a case. If one of them is proven guilty, the court can order the flat to be vacated or pending rent to be paid respectively to whoever is guilty.
Does everyone have access to courts?
In principle, every citizens of India can access and has the right to seek justice through courts.
What happens when a citizen’s rights are violated?
If any citizen believes that their rights are being violated, they can approach the court for justice to be done
Why is it difficult to access courts in reality?
While the courts are available for all, in reality, however, access to courts has always been difficult for a vast majority of the poor in India due to several reasons.
What are the problems that a poor person has to go through?
Legal procedures involves a lot of paperwork as well as take up a lot of time. These procedures are difficult for a poor person who cannot read and whose family depends on a daily wage.
What did the government do in response to the difficulties faced by the poor?
To increase the access to justice, Supreme Court devised the mechanism of Public Interest Litigation or PIL in the early 1980s
What is the full form of PIL?
Public Interest Litigation
What are the features of PIL?
The features of the PIL are a follows:
– PIL allows any individual or organization to file a PIL in the High Court or the Supreme Court on behalf of those whose rights are being violated.
– It had simplified the legal process as even a letter or telegram addressed to the Supreme Court or High Court could be treated as a PIL.
How was PIL used in the early years?
Give examples
PIL was used to secure justice on many large number of issues.
For example:
1. Rescuing bonded labours from inhuman work conditions.
2. Securing the release of prisoners in Bihar who had been kept in jail even after their punishment term was complete.
3. Providing the mid-day meal in the government and government-aided schools.
How was the mid-day meal provided to the children through the PIL?
As we all know the courts exercise a crucial role in interpreting the Fundamental Rights of citizens and so when a PIL was filed, the courts interpreted Article 21 of the Constitution on the Right to Life include the Right to food. They, therefore, ordered the State to take certain steps to provide food for all including the mid-day meal scheme.
“There are also court judgements that people believe work against the best interests of the common person”-Justify the statement.
– In the case of Olga Tellis V/S Bombay Municipal Corporation, judgements were passed by the courts for the eviction of slum dwellers whereas at the same time, some judgements from the courts tried to protect the livelihood of slum dwellers.
– At the end, it was decided that Right to livelihood needs to be included as a part of Right to life because life means something more than mere animal existence and no person can live without the means of living i.e. the means of livelihood.
– The petitioners live in slums and on pavements because they have small jobs to nurse in the city and for them there is nowhere else to live. Therefore, eviction of the petitioners from the pavement or slum will inevitably lead to deprivation of his means of livelihood and consequently deprivation of life.
“Justice delayed is justice denied”- Elucidate the statement with justified examples and how it affects the people of our country. Do you think it is relevant nowadays?
– Another issue that affects the common person’s access to justice is the inordinately long number of years that courts take to hear a case. The phrase “Justice delayed is justice denied” is often used to characterize this extended time period that courts take.
– When justice is delayed like in cases of illegal property occupation or wrongful imprisonment, it harms the innocent people taking away valuable time from their lives that cannot be regained. Even if the court eventually gives a fair decision, the causes unnecessary suffering to the affected party. Therefore delivering justice quickly is important - delay often denies justice to the affected person.
– It is even relevant nowadays. In the recent R.G. Kar hospital case, where a doctor tragically lost her life, the accused were blamed for the victim’s death. Taking too long to resolve the case harms both the accused and the affected family since a fair judgement has not been provided yet (the accused can be proven guilty or innocent). Both the parties suffer unfairly proving the point that justice delayed is justice denied.
