Class 9 Civics Chapter 4 Notes - Working of Institutions

The Judiciary and Its Structure

The judiciary refers to an institution empowered to administer justice and provide mechanisms for resolving legal disputes. The Indian judiciary comprises various courts across different levels, collectively known as the judiciary.

The structure of the Indian judiciary includes:

• Supreme Court: The apex court for the entire nation.
• High Courts and Subordinate Courts: Operating at the state level.
• District Courts and Local Courts: Functioning at the district and local levels.
• Lok Adalats: Special courts to provide quicker, informal resolutions to disputes.

India has a unified judiciary system, meaning that the Supreme Court oversees and controls the judicial administration throughout the country. Its decisions are binding on all other courts.

Independence of the Judiciary

Judicial independence is crucial to maintaining a fair and impartial system of justice. This independence ensures that the judiciary is not under the control of the legislature or executive. Judges do not act on the government's directions or political parties' preferences. This separation is a key feature of modern democracies like India, where courts are independent from the influence of other branches of government.

The Constitution ensures judicial independence through several provisions:

• Security of Service: Judges cannot be removed from office easily. They can only be removed via an impeachment motion passed by a two-thirds majority in both houses of Parliament, which has never occurred in India.
• Security of Pay and Allowances: Judges receive secure salaries and allowances to prevent financial manipulation.
• Free from Outside Influence: Courts are free to determine their procedures and conduct their work without interference from external forces.
• No Practice after Retirement: To maintain impartiality, judges are not allowed to practice law after their retirement.
• Safety and Protection: Judges are protected from threats or harm to their person, property, or reputation. Their decisions cannot be publicly criticized by the press or the public.

Appointment and Removal of Judges

Judges of the Supreme Court and High Courts are appointed by the President of India on the advice of the Prime Minister, in consultation with the Chief Justice of the Supreme Court.

• Senior Supreme Court judges also participate in the selection process of new judges. This system ensures minimal political interference in judicial appointments.
• Removal of judges is a rare occurrence. Once appointed, it is extremely difficult to remove a judge from office. A judge can only be removed through impeachment in Parliament for reasons like gross misconduct or corruption. This rigorous process has never been used in Indian history.

Powers and Role of the Supreme Court and High Courts

The Supreme Court of India enjoys several types of jurisdiction:

• Original Jurisdiction: Covers disputes between the Union Government and the states, between different states, and between citizens and the state. The Supreme Court also serves as the guardian of Fundamental Rights.
• Appellate Jurisdiction: The Supreme Court hears appeals in both criminal and civil cases against decisions made by High Courts.
• Advisory Jurisdiction: The Supreme Court can provide advice to the President of India on legal matters.

The Supreme Court also has the authority to:

• Interpret the Constitution: It can declare laws passed by Parliament and State Legislatures as unconstitutional or invalid if they violate the Constitution.
• Judicial Review: The Court reviews the constitutionality of legislative and executive actions. This ensures laws are in alignment with constitutional principles.

The High Courts function similarly at the state level, exercising powers like interpreting the Constitution and ensuring the protection of fundamental rights. They also oversee cases involving public interest through Public Interest Litigation (PIL) and check malpractices in government.

Judiciary as the Guardian of Fundamental Rights

Both the Supreme Court and High Courts act as protectors of citizens' Fundamental Rights. Anyone whose rights are violated or whose public interest is harmed by government actions can approach the judiciary through PILs.

• The courts also play a crucial role in preventing the misuse of government power. They hold public officials accountable and ensure fairness in governance. This judicial oversight is a vital part of maintaining checks and balances within the Indian democracy.
• In federal systems like India and the United States, the judiciary resolves disputes between the central and state governments or between different states. For instance, conflicts like water distribution between Haryana and Punjab are often settled by the courts. This ability to resolve inter-state disputes is essential for the smooth functioning of federal states.

Judicial Setup and Functioning

At the head of India’s judicial system is the Supreme Court, followed by the High Courts at the state level. Below the High Courts are the District Courts and Subordinate Courts, which deal with criminal and civil cases.

• Supreme Court: As the highest tribunal, the Supreme Court handles cases that affect the entire nation, including constitutional disputes, civil and criminal appeals, and advisory opinions for the President.
• High Courts: High Courts manage state-level judicial matters. They have similar powers as the Supreme Court in interpreting the Constitution and ensuring justice. Appeals from lower courts are also heard here.
• District and Subordinate Courts: These courts handle local disputes and function as the primary interface for legal matters within their jurisdiction.

The Supreme Court supervises the functioning of all other courts in the country, ensuring a uniform judicial system.

Conclusion

This chapter provides an in-depth understanding of the Indian judicial system and its critical role in upholding democratic principles. The judiciary, alongside the Parliament and the Executive, plays a vital role in ensuring that the country's governance operates smoothly, maintaining a balance of power. The judiciary's independence and authority, particularly in protecting fundamental rights and ensuring justice, reinforce the strength of India's democracy.

Difficult Words

1. Elucidates - Makes something clear; explains.
2. Responsibilities - Duties or tasks that one is required or expected to carry out.
3. Democratic Institutions - Organizations or structures that uphold the principles and practices of democracy.
4. Parliament - The supreme legislative body of a country.
5. Executive - The branch of government responsible for implementing and enforcing laws.
6. Judiciary - The system of courts that interprets and applies the law in the name of the state.
7. Operation - The functioning or work of an organization or system.
8. Checks and Balances - Mechanisms that ensure no single branch of government becomes too powerful.
9. Governance - The action or manner of governing a state, organization, or people.
10. Informed Citizen Participation - Active engagement of citizens in the political process based on knowledge and understanding of the issues.
11. Equips - Provides the necessary items or knowledge for a particular purpose.
12. Significance - The importance or meaning of something.