4. Judiciary

4. Judiciary

  • 4

    Judiciary

    This section introduces the significance of the judiciary in upholding the rule of law and fundamental rights in India, focusing on its independence, structure, and access to justice.

  • 4.1

    What Is The Role Of The Judiciary?

    The judiciary is vital in maintaining the rule of law in India, ensuring justice and protecting citizens' Fundamental Rights through an independent system.

  • 4.2

    What Is An Independent Judiciary?

    An independent judiciary is crucial for upholding the rule of law and protecting citizens' Fundamental Rights in India.

  • 4.3

    What Is The Structure Of Courts In India?

    The judiciary in India has a three-tiered court structure, consisting of subordinate courts, High Courts, and the Supreme Court, with a focus on the importance of an independent judiciary.

  • 4.4

    What Are The Different Branches Of The Legal System?

    This section explores the distinct branches of law, focusing on the differences between criminal law and civil law.

  • 4.5

    Does Everyone Have Access To The Courts?

    Access to courts in India is a fundamental right; however, in practice, the poor face significant barriers to justice.

  • 4.6

    Exercises

    This section emphasizes the importance of understanding the judiciary's role, independence, and mechanisms in ensuring justice, with exercises designed to reinforce key concepts.

  • 4.7

    Glossary

    The glossary provides key terms related to the judiciary and criminal justice system.

    • Key Summary

    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.

    Key Takeaways

    • 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.