CHAPTER 5
JUDICIARY
ANSWER THE FOLLOWING
1. What do you mean by judiciary?
All the courts at different levels of a country put together is called
Judiciary.
2. What is the role of judiciary in India?
Dispute Resolution:-The judicial system provides a mechanism for
reducing disputes between citizens and citizens , citizens and the
government ,between two state governments and between the
central and state government.
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 there are a violation of the basic
structure of the constitution.
Uploading 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.
3. What is the structure of courts in India ?
There are several different levels of courts in our country (3 levels).
The courts of the lower level are called as district courts where
most of the people interact in case of any dispute.
Each state is divided into districts that are presided over by a
district judge.
Each state has a High Court which is the highest court of that state.
.
At the top is the Supreme Court that is located in New Delhi and is
presided over by the Chief Justice of India.
Supreme Court
High Court
District Court
4. What do you mean by the Public Interest Litigation (PIL)
It is a mechanism devised by the supreme court by which any
individual or organization can file a PIL in the high court or the
supreme court on behalf of those whose rights are being violated.
5. What is an independent judiciary?
The Indian constitution provides for the independence of the
judiciary. No politicians can hold over the judge.
Separation of powers- Other branches of the government like the
legislative and executive can’t interfere in the work of the judiciary.
The courts are not under the government and don’t act on their
behalf.
All judges from the high court as well as the supreme court are
appointed with very little interference from other branches of
government.
6. What is meant by appellate system
Appellate system means that a person can appeal to a higher court
if he believe that the judgment passed by the lower court is not
just.
7. What is the difference between civil law and criminal law?
CRIMINAL LAW CIVIL LAW
1.Deals with conduct or acts Deals with any harm or injury to
that the law defines as rights of individuals. For
offences. For example, theft, example, disputes relating to
harassing a woman to bring sale of land, purchase of goods,
more dowry, murder. rent matters, divorce cases.
2. It usually begins with the A petition has to be filed before
lodging of an First the relevant court by the
Information Report (FIR) with affected party only. In a rent
the police who investigate matter, either the landlord or
the crime after which a case tenant can file a case.
is filed in the court.
The court gives the specific relief
3. If found guilty, the accused asked for. For instance, in a case
can be sent to jail and also between a landlord and a
fined. tenant, the court can order the
flat to be vacated and pending
rent to be paid.
8. What do u mean by “Justice delayed is justice denied “?
An issue that affected the common person’s access to justice is
inordinately long number of years that courts take to hear a case.
The phrase justice delayed is justice denied is often used to
characterize this extended time period that court take.
9. “ Judiciary is one of the key features of a democracy“. Explain.
The judiciary plays a crucial role in democratic India, serving as a
check on the powers of the executive and legislature as well as in
protecting the Fundamental Rights of citizens.
10.First Chief Justice of India – Justice H L Kania
11.Present Chief Justice of India – Justice N V Ramana
12.First judge from Kerala to become the Chief Justice of
India – Justice K G Balakrishnan
13.States having no High Court - Goa, Mizoram ,Arunachal
Pradesh and Nagaland
