Important Questions: Judiciary

Ques 1: What do you understand by the word 'law'?
Ans: Law is a system of rules, usually imposed through a Government or Institution and is applied to govern a group people. It shapes politics, economics and society in numerous ways.

Ques 2: What does judiciary mean?
Ans: In law, the judiciary or judicial system is the system of courts which administers justice in the name of the state. It is the mechanism for the resolution of disputes and pronouncement of punishment. As an organ of the State, the judiciary plays a crucial role in the functioning of India's democracy.

Ques 3: How is the work of the judiciary categorised?
Ans: The work of the judiciary can be categorised into three main areas:

• Dispute Resolution: Courts help resolve conflicts between individuals, between citizens and the government, and among different levels of government.
• Judicial Review: The judiciary can review laws passed by Parliament and annul those that violate the Constitution.
• Upholding the Law: Courts ensure that laws are followed and protect the fundamental rights of citizens.

Ques 4: Write a brief note on the independence of the judiciary.
Ans: The Judiciary of India is an independent body. It is separate from the Executive and Legislative bodies of the Indian Government. The Executive and Legislature, that is the Central and State Governments, cannot interfere in the work of the judiciary.
The courts are not under the government and do not act on their behalf.
Judges in the High Court as well as the Supreme Court are appointed by the President with very little interference from the other branches of the government. It is also very difficult to remove a judge from his post.

Ques 5: What is the structure of the judicial system of India?
Ans: The judicial system of India is structured in a hierarchical manner:

• Supreme Court: The highest court, located in New Delhi, presided over by the Chief Justice of India.
• High Courts: Each state has a High Court, which is the highest court within that state.
• District Courts: These courts operate at the district level and are overseen by a District Judge.
• Lok Adalats: These are informal courts at the village and Panchayat levels.

The structure resembles a pyramid, with the Supreme Court at the top and various lower courts beneath it.

Ques 6: What is the 'appellate system'?
Ans: An appellate court, often referred to as an appeals court or court of second instance, is a legal body that reviews decisions made by lower courts. The court system typically consists of three levels:

• Trial Court: This is where cases are initially heard, and evidence is evaluated to establish the facts.
• Intermediate Appellate Court: This court reviews decisions from the trial court.
• Supreme Court: The highest court in a jurisdiction, primarily reviewing decisions from intermediate appellate courts.

The powers of appellate courts can differ significantly across jurisdictions:

• Some appellate courts have limited review powers.
• Generally, an appellate court's ruling is the final decision regarding the matter being appealed, which may result in the action being affirmed, reversed, remanded, or modified.

Ques 7: Mention the branches of the Legal system.
Ans: The legal system is primarily divided into two main branches:

• Criminal Law: This branch deals with actions defined as offences by law, such as theft, murder, and harassment. It typically begins with the filing of an First Information Report (FIR) with the police, who then investigate the crime. If the accused is found guilty, they may face imprisonment and fines.
• Civil Law: This branch addresses disputes and injuries to individuals' rights, including issues like land sales, rental disagreements, and divorce cases. Affected parties must file a petition in the relevant court to seek relief.

Ques 8: What is "Public interest Litigation"?
Ans: "Public interest Litigation" or PIL is a litigation filed in a court of law, for the protection of "Public Interest", such as pollution, terrorism, road safety, constructional hazards etc.
PIL can be filed for the following reasons:
1. Violation of basic human rights of the poor
2. Content or conduct of government policy
3. Compel municipal authorities to perform a public duty
4. Violation of religious rights or other basic fundamental rights
5. Any individual or organisation can file a PIL in the High Court or the Supreme
6. Court on behalf of those whose rights are being violated. It is not necessary, that the person filing a case should have a direct interest in the case.