4. Judiciary
The judiciary plays a critical role in upholding the rule of law in India by resolving disputes, ensuring judicial review, protecting Fundamental Rights, and maintaining the independence of its operations. The chapter emphasizes the significance of an independent judiciary, detailing its structure through subordinate, High Courts, and the Supreme Court. It further highlights issues concerning access to justice, particularly for marginalized groups, and outlines key legal principles such as civil and criminal law.
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What we have learnt
- The judiciary serves as a mechanism for resolving disputes and upholding the Constitution.
- An independent judiciary is essential for democracy and the protection of citizens' Fundamental Rights.
- Public Interest Litigation has increased access to justice for marginalized sections of society.
Key Concepts
- -- Judicial Independence
- The principle that the judiciary should be independent from the other branches of government, allowing it to make impartial decisions.
- -- Public Interest Litigation (PIL)
- Legal action initiated in a court of law for the protection of the public interest, particularly aimed at the rights of marginalized individuals.
- -- Fundamental Rights
- Basic human rights guaranteed by the Indian Constitution that protect individuals against discrimination and ensure equality.
- -- Judicial Review
- The ability of the judiciary to review and possibly invalidate laws passed by the legislature if they are found to violate the Constitution.
- -- Criminal Law
- A body of law that deals with crimes and punishment, usually involving prosecution by the government for offenses against the public.
- -- Civil Law
- A body of law that deals with disputes between individuals or organizations, typically involving compensation or specific performance.
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