NCERT Book: Judiciary | Indian Polity for UPSC CSE PDF Download

 Page 1


Social and Political Life
46
Unit Three
2024-25
Page 2


Social and Political Life
46
Unit Three
2024-25
47
Teacher’s Note
Students are going to be introduced to the judiciary through this unit. Yet, aspects of this
system like the police, the courts etc. are probably something that students are already quite
familiar with either through the media or perhaps through personal experience. In this unit, the
effort is to combine some basic knowledge on the judicial system with more hands-on
information on the criminal justice system. Chapter 4 covers topics that will be reinforced in
the higher classes. The effort while teaching this should be to provide students with a sense of
the significant role played by the judiciary in upholding the principles enshrined in the
Constitution.
Chapter 4 discusses the role of the judiciary in upholding the rule of law.  Five separate though
inter-related concepts on the judiciary have been discussed in this Chapter. The reason why the
independence of the judiciary is key to its functioning is a complex idea but something that
students need to understand. This can be conveyed at a more basic level using examples of
different decision-making processes that the student is familiar with. The structure has been
illustrated through a case and students should be encouraged to discuss other cases to better
understand the working of the judicial process. The last concept of ‘access to justice’ highlights
the role of the Public Interest Litigation (PIL) in facilitating justice. It also touches upon the
‘delay’ in providing justice. The student’s growing knowledge of Fundamental Rights should be
used while discussing this section.
The Judiciary
2024-25
Page 3


Social and Political Life
46
Unit Three
2024-25
47
Teacher’s Note
Students are going to be introduced to the judiciary through this unit. Yet, aspects of this
system like the police, the courts etc. are probably something that students are already quite
familiar with either through the media or perhaps through personal experience. In this unit, the
effort is to combine some basic knowledge on the judicial system with more hands-on
information on the criminal justice system. Chapter 4 covers topics that will be reinforced in
the higher classes. The effort while teaching this should be to provide students with a sense of
the significant role played by the judiciary in upholding the principles enshrined in the
Constitution.
Chapter 4 discusses the role of the judiciary in upholding the rule of law.  Five separate though
inter-related concepts on the judiciary have been discussed in this Chapter. The reason why the
independence of the judiciary is key to its functioning is a complex idea but something that
students need to understand. This can be conveyed at a more basic level using examples of
different decision-making processes that the student is familiar with. The structure has been
illustrated through a case and students should be encouraged to discuss other cases to better
understand the working of the judicial process. The last concept of ‘access to justice’ highlights
the role of the Public Interest Litigation (PIL) in facilitating justice. It also touches upon the
‘delay’ in providing justice. The student’s growing knowledge of Fundamental Rights should be
used while discussing this section.
The Judiciary
2024-25
Social and Political Life
48
Chapter 4
A glance at the newspaper provides you a glimpse of
the range of work done by the courts in this country.
But can you think of why we need these courts?
In India we have the rule of law. What this means is
that laws apply equally to all persons and that a
certain set of fixed procedures need to be followed
when a law is violated. To enforce this rule of law,
we have a judicial system that consists of the
mechanism of courts that a citizen can approach
when a law is violated. As an organ of government,
the judiciary plays a crucial role in the functioning
of India’s democracy. It can play this role only because
it is independent. What does an ‘independent
judiciary’ mean? Is there any connection between
the court in your area and the Supreme Court in
New Delhi? In this chapter, you will find answers to
these questions.
Judiciary
2024-25
Page 4


Social and Political Life
46
Unit Three
2024-25
47
Teacher’s Note
Students are going to be introduced to the judiciary through this unit. Yet, aspects of this
system like the police, the courts etc. are probably something that students are already quite
familiar with either through the media or perhaps through personal experience. In this unit, the
effort is to combine some basic knowledge on the judicial system with more hands-on
information on the criminal justice system. Chapter 4 covers topics that will be reinforced in
the higher classes. The effort while teaching this should be to provide students with a sense of
the significant role played by the judiciary in upholding the principles enshrined in the
Constitution.
Chapter 4 discusses the role of the judiciary in upholding the rule of law.  Five separate though
inter-related concepts on the judiciary have been discussed in this Chapter. The reason why the
independence of the judiciary is key to its functioning is a complex idea but something that
students need to understand. This can be conveyed at a more basic level using examples of
different decision-making processes that the student is familiar with. The structure has been
illustrated through a case and students should be encouraged to discuss other cases to better
understand the working of the judicial process. The last concept of ‘access to justice’ highlights
the role of the Public Interest Litigation (PIL) in facilitating justice. It also touches upon the
‘delay’ in providing justice. The student’s growing knowledge of Fundamental Rights should be
used while discussing this section.
The Judiciary
2024-25
Social and Political Life
48
Chapter 4
A glance at the newspaper provides you a glimpse of
the range of work done by the courts in this country.
But can you think of why we need these courts?
In India we have the rule of law. What this means is
that laws apply equally to all persons and that a
certain set of fixed procedures need to be followed
when a law is violated. To enforce this rule of law,
we have a judicial system that consists of the
mechanism of courts that a citizen can approach
when a law is violated. As an organ of government,
the judiciary plays a crucial role in the functioning
of India’s democracy. It can play this role only because
it is independent. What does an ‘independent
judiciary’ mean? Is there any connection between
the court in your area and the Supreme Court in
New Delhi? In this chapter, you will find answers to
these questions.
Judiciary
2024-25
49
Judiciary
The Supreme Court was established on
26 January 1950, the day India became a
Republic. Like its predecessor, the Federal Court
of India (1937–1949), it was earlier located in
the Chamber of Princes in the Parliament House.
It moved to its present building on Mathura Road
in New Delhi in 1958.
Courts take decisions on a very large number of issues.
They can decide that no teacher can beat a student, or about
the sharing of river waters between states, or they can punish
people for particular crimes. Broadly speaking, the work
that the judiciary does can be divided into the following:
Dispute Resolution: The judicial system provides a mechanism
for resolving disputes between citizens, between citizens and
the government, between two state governments and between
the centre and state governments.
Judicial 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. This is called judicial
review .
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 is the Role of the Judiciary?
Chapter 4: Judiciary
Supreme Court of India
https://www.sci.gov.in
2024-25
Page 5


Social and Political Life
46
Unit Three
2024-25
47
Teacher’s Note
Students are going to be introduced to the judiciary through this unit. Yet, aspects of this
system like the police, the courts etc. are probably something that students are already quite
familiar with either through the media or perhaps through personal experience. In this unit, the
effort is to combine some basic knowledge on the judicial system with more hands-on
information on the criminal justice system. Chapter 4 covers topics that will be reinforced in
the higher classes. The effort while teaching this should be to provide students with a sense of
the significant role played by the judiciary in upholding the principles enshrined in the
Constitution.
Chapter 4 discusses the role of the judiciary in upholding the rule of law.  Five separate though
inter-related concepts on the judiciary have been discussed in this Chapter. The reason why the
independence of the judiciary is key to its functioning is a complex idea but something that
students need to understand. This can be conveyed at a more basic level using examples of
different decision-making processes that the student is familiar with. The structure has been
illustrated through a case and students should be encouraged to discuss other cases to better
understand the working of the judicial process. The last concept of ‘access to justice’ highlights
the role of the Public Interest Litigation (PIL) in facilitating justice. It also touches upon the
‘delay’ in providing justice. The student’s growing knowledge of Fundamental Rights should be
used while discussing this section.
The Judiciary
2024-25
Social and Political Life
48
Chapter 4
A glance at the newspaper provides you a glimpse of
the range of work done by the courts in this country.
But can you think of why we need these courts?
In India we have the rule of law. What this means is
that laws apply equally to all persons and that a
certain set of fixed procedures need to be followed
when a law is violated. To enforce this rule of law,
we have a judicial system that consists of the
mechanism of courts that a citizen can approach
when a law is violated. As an organ of government,
the judiciary plays a crucial role in the functioning
of India’s democracy. It can play this role only because
it is independent. What does an ‘independent
judiciary’ mean? Is there any connection between
the court in your area and the Supreme Court in
New Delhi? In this chapter, you will find answers to
these questions.
Judiciary
2024-25
49
Judiciary
The Supreme Court was established on
26 January 1950, the day India became a
Republic. Like its predecessor, the Federal Court
of India (1937–1949), it was earlier located in
the Chamber of Princes in the Parliament House.
It moved to its present building on Mathura Road
in New Delhi in 1958.
Courts take decisions on a very large number of issues.
They can decide that no teacher can beat a student, or about
the sharing of river waters between states, or they can punish
people for particular crimes. Broadly speaking, the work
that the judiciary does can be divided into the following:
Dispute Resolution: The judicial system provides a mechanism
for resolving disputes between citizens, between citizens and
the government, between two state governments and between
the centre and state governments.
Judicial 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. This is called judicial
review .
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 is the Role of the Judiciary?
Chapter 4: Judiciary
Supreme Court of India
https://www.sci.gov.in
2024-25
Social and Political Life
50
What is an Independent Judiciary?
Imagine a situation in which a powerful politician has
encroached on land belonging to your family. Within this
judicial system, the politician has the power to appoint and
dismiss a judge from his office. When you take this case to
court, the judge is clearly partial to the politician.
The control that the politician holds over the judge does not
allow for the judge to take an independent decision. This lack
of independence would force the judge to make all judgments
in favour of the politician. Although we often hear of rich and
powerful people in India trying to influence the judicial process,
the Indian Constitution protects against this kind of situation
by providing for the independence of the judiciary.
One aspect of this independence is the ‘separation of powers’.
This, as you read in Chapter 1, is a key feature of the
Constitution. What this means here is that other branches
of government – the legislature and the executive – cannot
interfere in the work of the judiciary. The courts are not under
the government and do not act on their behalf.
For the above separation to work well, it is also crucial that all
judges in the High Court as well as the Supreme Court are
appointed with very little interference from these other branches
of government. Once appointed to this office, it is also very
difficult to remove a judge.
Do you think that any ordinary
citizen stands a chance against
a politician in this kind of
judicial system? Why not?
With the help of your teacher, fill in the blank spaces in the table below.
Q
Type of Dispute Example
Dispute between centre and the state
Dispute between two states
Dispute between two citizens
Laws that are in violation of the Constitution
2024-25