class 11 political science chapter 6 The judiciary means the system of courts that interprets and ap plies the law in the name of the state. It refers to judges, courts, and the entire legal branch of government responsible for justice.judiciary.pptx

class 11 political science chapter 6 The judiciary means the system of courts that interprets and ap plies the law in the name of the state. It refers to judges, courts, and the entire legal branch of government responsible for justice.judiciary.pptx

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  CHAPTER-6 Political science Judiciary
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  RY  The judiciaryis a branch of the government that interprets laws, settles disputes, and administers justice to all citizens.  The judiciary has three levels of courts: district courts, high courts, and the Supreme Court.  The judiciary interprets laws, settles disputes, and passes final judgments.  The judiciary is an important third organ of the government which is seen as the arbitrator of disputes between various individuals or private entities to protect the rule of law and ensure the supremacy of law.
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   The judiciaryis responsible for upholding the law, enforcing fundamental rights, and protecting civil rights  The other organs of the government should not interfere with the decision of the judiciary.  Judges must be able to perform their functions without fear or favour.  Judiciary is a part of the democratic political structure of the country.  It is therefore only accountable to the Constitution.
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  APPOINTMENT OF JUDGES  Theappointment of judges is a political peocess as it inlvolves . Council of Ministers, Governors and Chief Ministers and Chief Justice of India, all influence the process of judicial appointment.  The other Judges of the Supreme Court and the High Court are appointed by the President after ‘consulting’ the Chief justice of India  Over the years, a convention had developed whereby the senior-most judge of the Supreme Court was appointed as the Chief Justice of India.  The Chief Justice is appointed by the President.
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   This conventionwas however broken twice.  • In 1973 A. N. Ray was appointed as CJI superseding three senior Judges.  • Justice M.H. Beg was appointed superseding Justice H.R. Khanna (1975).  The final decisions in matters of appointment rested with the Council of Ministers.  The Supreme Court has suggested that the Chief Justice should recommend names of persons to be appointed in consultation with four senior-most judges of the Court. This process is called the principle of collegiality
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  REMOVAL OF JUDGES The removal of judges of the Supreme Court and the High Courts is also extremely difficult.  A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehaviour or incapacity.  A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament.  While in making appointments, the executive plays a crucial role; the legislature has the powers of removal. This has ensured both balance of power and independence of the judiciary.
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  STRUCTURE OF JUDICIARY
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  JURISDICATION  Jurisdiction refersto the authority given to a legal body, such as a court, to make legal decisions and administer justice within a defined area of responsibility.  The Supreme Court of India has three types of jurisdiction: original, appellate, and advisory. Original Jurisdiction Original jurisdiction means cases that can be directly considered by the Supreme Court without going to the lower courts before that. It settles disputes between Union and States or amongst different states. Cases involving federal relations go directly to the Supreme Court. The Supreme Court also interprets the powers of Union and State government as laid down in the Constitution
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  APPELLEATE JURISDICATION  TheSupreme Court is the highest court of appeal.  A person can appeal to the Supreme Court against the decisions of the High court  the Supreme Court holds the powers to decide whether to admit appeals even when appeal is not allowed by the High Court.  Appellate jurisdiction means that the Supreme Court will reconsider the case and the legal issues involved in it.  The High Courts too, have appellate jurisdiction over the decisions given by courts below them.
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  ADVISORY JURISDICTION  In additionto original and appellate jurisdiction, the Supreme Court of India possesses advisory jurisdiction also.  This means that the President of India can refer any matter that is of public importance which involves interpretation of Constitution to Supreme Court for advice.  However, the Supreme Court is not bound to give advice on such matters and the President is not bound to accept such an advice  The High Courts too, have appellate jurisdiction over the decisions given by courts below them.
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  WRIT JURISDICTION  Anyindividual, whose fundamental right has been violated, can directly move the Supreme Court for remedy.  The Supreme Court can give special orders in the form of writs.  The High Courts can also issue writs, but the persons whose rights are violated have the choice of either approaching the High Court or approaching the Supreme Court directly.  Article 137 The Supreme Court shall have power to review any judgment pronounced or order made by it.  Article 144 All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.