Judiciary Flashcards
What is the Rule of Law?
Laws apply equally to all persons.
Fixed procedures must be followed when a law is violated.
Enforced by a judicial system through courts.
Citizens can approach courts if a law is violated.
What are the roles of the Judiciary?
- Dispute Resolution
- Judicial Review
- Upholding the Law and Enforcing Fundamental Rights
What is Dispute Resolution?
A judicial mechanism to resolve disputes between:
- Citizens
- Citizens and the state government
- Two state governments
- Central and state governments
What is Judicial Review?
The judiciary is the final interpreter of the Constitution.
It can strike down laws passed by the Parliament if they believe that the laws violate the Constitution’s basic structure.
How does the judiciary uphold and enforce Fundamental rights?
Citizens can approach the High Court or Supreme Court if they believe that their fundamental rights have been violated.
What is an Independent Judiciary?
The judges operate without interference from the executive and legislature.
Judges are appointed with minimal interference from other branches of government.
It is difficult to remove a judge once appointed.
Why is an Independent Judiciary important?
Prevents the misuse of power by the executive and legislature.
Protects Fundamental rights of citizens.
What is the structure of courts in India?
- District or Subordinate Court
- High Court
- Supreme Court
Describe the role of Subordinate or District Courts.
Located at the district or Tehsil level and towns.
Handle various cases at the district level.
Presided over by a District Judge.
What is the role of the High Court?
Each state has a high court.
It is the highest court in that state.
Describe the Supreme Court in India.
Located in New Delhi.
Highest court of India.
Presided over by the Chief Justice of India.
Its decisions are binding on all other courts.
What is an integrated judicial system?
Decisions made by higher courts are binding on lower courts.
What is the appellate system of India?
Allows citizens to appeal to higher courts if dissatisfied with lower court decisions.
What are Criminal and Civil law?
Criminal law: Deals with offences like theft, dowry harassment, murder.
Civil law: Deals with rights of individuals, e.g., land disputes, rent matters, purchase of goods, divorce matters.
Describe the access to courts in India.
All citizens have access to courts.
Courts protect Fundamental Rights.
Access to justice can be challenging for the poor due to costs and paperwork.
What is Public Interest Litigation (PIL)?
Introduced by the Supreme Court in the 1980s to increase access to justice.
Allows anyone to file a case on behalf of those whose rights are violated.
Simple process; letters and telegrams to the court can be considered as PILs.
How did the mid-day meal program start through PIL?
In 2001, PUCL filed a PIL due to drought and food shortages in Rajasthan and Orissa.
Supreme Court ruled that the State must provide food.
Led to the implementation of the mid-day meal program.
What are some issues with access to justice?
Some court judgments are seen as unfavorable to the poor, e.g., recent eviction cases.
Courts can take excessive time to hear cases, leading to “justice delayed is justice denied.”
Describe the case of State (Delhi administration) vs. Laxman Kumar and Others (1985).
Sudha Goel, wife of Laxman Kumar, died from burns, leading to a case.
Trial Court convicted Laxman and family; High Court acquitted them.
Supreme Court later found Laxman and his mother guilty, sentencing them to life.
What is the significance of the Hashimpura case?
43 Muslims were killed in Hashimpura in 1987.
Families sought justice for 31 years.
Supreme Court transferred the case to Delhi from the State of Uttar Pradesh due to delays.
19 Provincial Armed Constabulary (PAC) men faced criminal prosecution for alleged murder and other offences.
Convictions were eventually made on 31 October 2018 by the Delhi High Court.
What does PUCL stand for?
People’s Union of Civil Liberty
What does PAC stand for?
Provincial Armed Contabulary
