Judiciary

• Role of the Judiciary

  • Dispute Resolution
    • Between citizens
    • Between citizens and government
    • Between two state governments
    • Between center and state governments
  • Judicial Review
    • Power to strike down laws
    • Violation of Basic Structure of Constitution
  • Upholding the Law & Fundamental Rights
    • Enforcing rights of citizens
    • Ensuring rule of law

• Structure of the Indian Judiciary

  • Apex Court
    • Supreme Court
    • Located in New Delhi
    • Headed by CJI (Chief Justice of India)
    • Decisions binding on all courts
  • State Level
    • High Courts
    • Head of state judiciary
  • District Level
    • District Courts (Subordinate Courts)
    • Headed by District Judge
    • Deals with local civil and criminal cases

• Independence of the Judiciary

  • Separation of Powers
    • Legislature and Executive cannot interfere
  • Appointment Process
    • Judges of Supreme/High Courts appointed via Collegium system
  • Security of Tenure
    • Difficult to remove judges (Impeachment)

• Branches of the Legal System

  • Civil Law
    • Deals with harm to specific rights
    • Disputes like land, property, rent, marriage
    • Petition filed by affected party
    • Relief: Specific damages/compensation
  • Criminal Law
    • Deals with conduct/acts defined as offenses
    • Crimes like theft, murder, dowry harassment
    • First step: Filing FIR at police station
    • Relief: Imprisonment and/or fines

• Access to Justice

  • Universal Access
    • Theory: All citizens can approach courts
    • Reality: High costs, lengthy procedures for the poor
  • PIL (Public Interest Litigation)
    • Introduced in early 1980s
    • Any person/organization can file on behalf of affected
    • Simplified legal procedures
  • Speedy Justice & Delays
    • "Justice delayed is justice denied"
    • Lok Adalats provide quick alternative dispute resolution