Chapter 4: Judiciary
Introduction:
The judiciary is a crucial pillar of Indian democracy, responsible for upholding the rule of law and ensuring justice. It provides a system through which citizens can resolve disputes, protect their Fundamental Rights, and seek justice when laws are violated. This chapter introduces students to the role, structure, and independence of the judiciary, highlighting the significance of the judicial process and concepts like judicial review and Public Interest Litigation (PIL).
Role of the Judiciary
Dispute Resolution: Courts handle disputes between citizens, the government, state governments, and between states and the central government.
Judicial Review: As the interpreter of the Constitution, the judiciary can strike down laws passed by Parliament if they violate the Constitution’s basic structure.
Upholding Fundamental Rights: Citizens can approach the courts if their Fundamental Rights are infringed, making the judiciary a guardian of these rights.
What is an Independent Judiciary?
Definition: An independent judiciary means that the judiciary operates free of influence from the executive and legislative branches of government.
Separation of Powers: The judiciary is separate from other government branches, preventing interference in judicial decisions.
Appointment and Security of Judges: Judges are appointed with minimal interference and can only be removed under specific circumstances, which ensures impartiality and fairness.
3. Structure of Courts in India
Three Levels of Courts: The judiciary is structured in a pyramid with District (Lower) Courts at the base, High Courts at the state level, and the Supreme Court at the top.
Integrated Judicial System: Higher courts’ decisions are binding on lower courts, and individuals can appeal to higher courts if dissatisfied with a lower court’s judgment.
Appellate System: Allows cases to progress from lower to higher courts for further examination and judgment.
4. Types of Law in the Judicial System
Criminal Law: Involves offenses like theft, assault, or murder, where the accused can be punished with imprisonment or fines.
Civil Law: Deals with disputes between individuals or organizations, such as property disputes or contracts, where the outcome usually involves compensation or a specific relief rather than punishment.
5. Access to Justice and Public Interest Litigation (PIL)
Barriers to Access: Legal procedures can be expensive and complex, making it hard for poorer citizens to seek justice.
Public Interest Litigation (PIL): Introduced in the 1980s, PIL allows any citizen or organization to file a case on behalf of those whose rights are being violated, making justice more accessible to the underprivileged.
Examples of PIL Impact: Cases like mid-day meals in schools and the Right to Food arose from PILs, benefiting millions.
6. Key Judicial Cases and Impact
Sudha Goel Case: Demonstrates the appellate system and the role of the Supreme Court in reversing a lower court’s decision to ensure justice.
Olga Tellis vs. Bombay Municipal Corporation: Established the Right to Livelihood as part of the Right to Life, a landmark decision that highlighted the judiciary’s role in protecting Fundamental Rights.
Right to Food Campaign: A PIL led to the Supreme Court ordering the government to implement the mid-day meal scheme, underscoring the judiciary’s power to enforce social justice.
Conclusion:
The judiciary serves as a cornerstone of democracy in India by ensuring that laws are applied fairly and that the Fundamental Rights of all citizens are protected. The independence of the judiciary allows it to act without bias, providing checks on the executive and legislative branches. Public Interest Litigation (PIL) has expanded access to justice, enabling the judiciary to uphold social and economic rights effectively.
Recap:
The judiciary provides a system for dispute resolution, judicial review, and protection of rights.
Independence and separation of powers are vital for a fair judicial process.
Three-tier court system: District Courts, High Courts, and the Supreme Court, with an appellate system for appeals.
Criminal and civil law differ in purpose, procedures, and types of violations.
Public Interest Litigation (PIL) has increased access to justice, allowing courts to address broader social issues.
Key cases like the Sudha Goel Case and Right to Food Campaign illustrate the judiciary’s role in delivering justice and enforcing rights.
