Class 8 Civics Chapter 5 Notes - Judiciary

Introduction

Laws are meant to be applied equally to everyone. To maintain the rule of law, we have a judicial system made up of courts where citizens can seek help when a law is broken. As a part of the government, the judiciary is vital for the functioning of democracy in India. Its effectiveness relies on its independence. Understanding what an 'independent judiciary' means is key to grasping the judiciary's role in India.

What is the Role of the Judiciary?

• Dispute Resolution: The judicial system serves as a way to resolve disagreements between citizens, between citizens and the government, between states, and between the central and state governments.
• Judicial Review: As the ultimate interpreter of the Constitution, the judiciary can annul laws passed by Parliament if they violate the Constitution’s basic principles. This power is known as judicial review.
• Upholding the Law and Enforcing Fundamental Rights: It is essential in safeguarding the Fundamental Rights of citizens, allowing anyone to go to court if they feel their rights have been infringed.
• Access to Justice: The idea of 'access to justice' emphasises the significance of Public Interest Litigation (PIL) in making justice available to those who might not be able to afford legal representation.
• Structure of Courts: Our country has three levels of courts. Most people encounter subordinate or district courts, which deal with various cases at the district or Tehsil level. Each state has a High Court, the highest court within that state, and at the top is the Supreme Court.

What is an Independent Judiciary?

• The independence of the judiciary is a key feature of the Constitution.
• This independence means that the legislature and executive branches cannot interfere with the judiciary's work.
• The courts operate independently and do not act on behalf of the government.
• This independence 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 the Fundamental Rights of citizens.
• Anyone can approach the courts if they believe their rights have been violated.

What is the Structure of Courts in India?

In India, there are three main levels of courts, and their organisation resembles a pyramid, with multiple courts at the lower level and just one at the top.

• District Court: These are the courts that most people encounter, known as subordinate or district courts. They operate at the district or Tehsil level and handle various types of cases. Each state is divided into districts, each managed by a District Judge.
• High Court: Every state has its own High Court, which is the highest court in that state. High Courts were first set up in the three major cities of Calcutta, Bombay, and Madras in 1862. The Delhi High Court was established in 1966, and there are currently 25 High Courts across India. Some High Courts have additional benches in other regions of the state for easier access.
• Supreme Court: The Supreme Court, located in New Delhi and led by the Chief Justice of India, sits at the top of the court hierarchy. Its rulings are binding on all other courts in the country.

India has a unified judicial system, meaning that decisions from higher courts must be followed by lower courts. If someone thinks a lower court's decision is unfair, they can appeal to a higher court.

What are the Different Branches of the Legal System?

The Indian legal system handles both civil and criminal cases:

Civil Law

Civil laws address harm or injury to individuals’ rights.

• Common civil disputes include:
  • Land sales
  • Goods purchases
  • Rental issues
  • Divorce cases

A notable civil law passed in 2006 protects women from domestic violence.

Criminal Law

• Criminal law involves acts defined as offences, like:
  • Theft
  • Dowry harassment
  • Murder
• Criminal cases typically start with a First Information Report (FIR) lodged with the police.
• The police investigate the crime, leading to a case being filed in court.
• If found guilty, the accused may face jail time and fines.

The Role of Courts

• Courts are essential for protecting Fundamental Rights.
• They ensure justice is accessible to all citizens.
• This underscores the judiciary's importance in upholding constitutional principles.

Public Interest Litigation (PIL)

Public Interest Litigation (PIL) is a legal action taken in court to protect the public interest, covering issues like pollution, terrorism, road safety, and construction hazards. The Supreme Court introduced PIL in the early 1980s to make justice more accessible for the poor.

Reasons for Filing PIL

• Violation of basic human rights of the poor
• Issues with government policy or actions
• Compelling municipal authorities to carry out their public duties
• Infringement of religious rights or other fundamental rights

Anyone, whether an individual or an organisation, can file a PIL in the High Court or the Supreme Court for those whose rights are being violated. A personal interest in the matter is not required.

PIL has historically addressed significant issues, such as rescuing bonded labourers from harsh conditions and ensuring the mid-day meal scheme is implemented in schools. These cases highlight the important role of PIL in promoting social justice in India.

Importance of Judiciary

The judiciary has been vital in ensuring democracy in India:

• The judiciary acts as the guardian of the constitution.
• It checks the powers of both the executive and the legislature.
• It protects the Fundamental Rights of citizens.
• The judiciary is essential for dispute resolution, helping to settle issues between individuals, between individuals and the government, between state governments, and between the centre and state governments.
• As the final interpreter of the constitution, the judiciary has the power of judicial review, enabling it to annul laws from Parliament that do not adhere to the constitution's basic structure.
• The independence of the judiciary ensures that courts can prevent misuse of power by the legislature and executive.
• Each state has a High Court, which is the highest court in that state, while the Supreme Court is the top court in the judicial system.

Does Everyone Have Access to the Courts?

In principle, all citizens of India can access the courts. This means every citizen has a right to justice through the judiciary. However, the legal process often involves significant costs and paperwork, which can discourage poorer individuals from pursuing justice.

To enhance access to justice, the Supreme Court introduced Public Interest Litigation (PIL) in the 1980s. This allows anyone to file a PIL in the High Court or Supreme Court on behalf of those whose rights are being violated. The process was simplified, so even a letter or telegram could be considered a PIL.

Moreover, it plays an important role in defending the Fundamental Rights of citizens, allowing anyone to approach the courts if they think their rights have been violated. The judiciary also serves as a check on the powers of the executive and the legislature, ensuring the protection of citizens' rights.