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6. Judiciary

The judiciary plays a crucial role in upholding the rule of law and protecting citizens' rights in India. This chapter explores the independence of the judiciary, the process of appointing judges, and the structure of the judicial system. It also discusses the relationship between the judiciary and other governmental branches, particularly in the context of judicial activism and public interest litigation, which have significantly influenced the rights discourse in India.

Sections

  • 6

    Judiciary

    The judiciary plays a crucial role in India, protecting rights and maintaining the rule of law while ensuring independence from political pressures.

  • 6.1

    Introduction

    This section outlines the significance of the judiciary in India, emphasizing its roles in interpreting the Constitution and protecting fundamental rights.

  • 6.2

    Why Do We Need An Independent Judiciary?

    An independent judiciary is essential for maintaining the rule of law and protecting individual rights, ensuring that justice remains impartial and free from political pressure.

  • 6.2.1

    Independence Of Judiciary

    The independence of judiciary is crucial for maintaining the rule of law and safeguarding individual rights, ensuring that the judiciary operates free from political influence and pressures.

  • 6.2.2

    Appointment Of Judges

    The appointment of judges in India is influenced by political factors and is critical for maintaining judicial independence.

  • 6.2.3

    Removal Of Judges

    The section explains the complex procedures and challenges involved in the removal of judges in India, emphasizing judicial independence and the significance of constitutional safeguards.

  • 6.2.4

    Unsuccessful Attempt To Remove A Judge

    This section discusses the first-ever motion to remove a Supreme Court judge in India, Justice V. Ramaswami, which ultimately failed due to a lack of support.

  • 6.3

    Structure Of The Judiciary

    India has a single integrated judicial system with a defined hierarchy consisting of the Supreme Court, High Courts, District Courts, and Subordinate Courts.

  • 6.3.1

    Jurisdiction Of Supreme Court

    The Supreme Court of India has specific jurisdictions that empower it to settle disputes, hear appeals, and provide advisory opinions, showcasing its essential role in upholding constitutional law.

  • 6.3.2

    Original Jurisdiction

    Original jurisdiction refers to the Supreme Court's authority to directly hear specific cases without them first going through lower courts.

  • 6.3.3

    Writ Jurisdiction

    This section discusses the concept of writ jurisdiction in the Indian legal system, particularly focusing on the powers of the Supreme Court and High Courts to issue writs for the protection of fundamental rights.

  • 6.3.4

    Appellate Jurisdiction

    Appellate jurisdiction refers to the authority of the Supreme Court to hear appeals from lower courts, ensuring the correct interpretation of law and justice.

  • 6.3.5

    Advisory Jurisdiction

    This section discusses the Supreme Court of India's advisory jurisdiction, which allows the President to seek advice on matters of legal importance as per the Constitution.

  • 6.4

    Judicial Activism

    Judicial Activism in India has transformed the judiciary into a more proactive institution, emphasizing Public Interest Litigation (PIL) as a vital tool for addressing social issues.

  • 6.4.1

    Some Early Pils

    The section discusses early significant cases of Public Interest Litigation (PIL) in India, emphasizing their role in judicial activism.

  • 6.5

    Judiciary And Rights

    The judiciary in India plays a crucial role in protecting individual rights as well as ensuring constitutional supremacy, through powers such as judicial review and public interest litigation.

  • 6.6

    Judiciary And Parliament

    The relationship between Judiciary and Parliament revolves around the independence of judiciary, its role in protecting rights, and its conflict with legislative powers.

  • 6.7

    Conclusion

    The conclusion emphasizes the significance of the judiciary in India's democracy, highlighting both its powerful role and the expectations that citizens have of it.

Class Notes

Memorization

What we have learnt

  • The judiciary is essential ...
  • Judicial independence is gu...
  • Judicial activism, particul...

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