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Social - VIII-spl - ch-5 The Judiciary
Social - VIII-spl - ch-5 The Judiciary
a. 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.
b. 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.
c. 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.
• 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.
• To play a central role in ensuring 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 because anyone can
approach the courts if they believe that their rights have been violated.
5. What is the structure of the judicial system in India?
7. Why do you think the introduction of Public interest Litigation (PIL) in the 1980s is a significant
step in ensuring access to justice for all?
PIL was an important measure taken to address the following issues:
Poor people did not have access to justice due to few reasons, namely:
• Accessing courts was costly
• It was a time consuming process
• Poor were mostly illiterate or daily wagers who could not cope with the system of justice.
In order to make justice more easily accessible to all citizens of society, public interest litigation was
introduced.
Public interest litigation meaning: When any individual or organisation files a case stating the problems
of a group of people who are victims to the concerned problem to the high court of supreme court, it is
called a PIL.
Very important achievement through PIL is the mid-day meal system that has come into practice due to
a PIL filed by an organisation during drought in Rajasthan and Orissa. (Refer page 61in book for the case
study)
8. What are the powers and functions of High court?
The High court of a state has the following powers:
➢ Original Jurisdiction: The original jurisdiction of the High Court extends to all civil cases which are
in respect of actions of higher value.
➢ Appellate Jurisdiction: The appellate jurisdiction of the High Court extends to both civil and
criminal cases. Appellate jurisdiction means the power of the high court to amend or overrule the
decisions in other lower courts.
➢ Power of Superintendence: According to Article 277, every High Court extends the power of
superintendence or supervision over all courts and tribunals, except those dealing with armed
forces operating within its territorial jurisdiction. It has the right to question the lower courts in case
of any mistakes.
➢ Guardian of Fundamental rights: According to Act, 226, the High Court is empowered to issue
writs (court order) to any person or authority including the government if it feels that the fundamental
rights of any individual are being infringed upon within its jurisdiction.
➢ Court of Record: The High Court keeps a record of its own cases which act as a precedent in
future cases.
In addition to criminal law, the legal system also deals with civil law cases. Following table signifies the
differences between criminal and civil law.
Deals with conduct or acts that the law defines Deals with any harm or injury to rights of individuals.
as offences. For example; theft, harassing a For example; disputes relating to sale of land purchase
woman to bring more dowry, murder. of goods, rent matters, divorce cases.
10. Write a story around the theme, "Justice delayed is justice denied'. (role play done at
class)
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