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.
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What we have learnt
- The judiciary is essential for maintaining the rule of law and protecting individual rights.
- Judicial independence is guaranteed through various constitutional provisions.
- Judicial activism, particularly through Public Interest Litigation, has expanded the reach of the judiciary to address public needs.
Key Concepts
- -- Independence of Judiciary
- The judiciary must function without interference from the executive or legislature while being accountable to the Constitution.
- -- Judicial Activism
- An approach where the judiciary actively intervenes in matters of public interest, often through Public Interest Litigations (PILs).
- -- Public Interest Litigation (PIL)
- A legal mechanism that allows individuals or groups to file petitions in the interest of the public, especially for the marginalized and disadvantaged.
- -- Judicial Review
- The power of the judiciary to examine laws and declare them unconstitutional if they contravene the Constitution.
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