ICSE Class 12 Political Science | Chapter 6: The Judiciary by Abraham | Learn Smarter
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Chapter 6: The Judiciary

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Sections

  • 1

    Structure Of The Judiciary

    The judiciary in India is hierarchically structured, comprising the Supreme Court, High Courts, and Subordinate Courts, each with defined functions and jurisdictions.

  • 1.1

    Supreme Court Of India

    The Supreme Court of India is the apex judicial body, ensuring the interpretation of laws, protection of rights, and administering justice in accordance with the Constitution.

  • 1.2

    High Courts

    High Courts serve as the highest courts in states or union territories in India, with both original and appellate jurisdiction.

  • 1.3

    Subordinate Courts

    This section discusses subordinate courts in India, detailing their structure, functions, and types.

  • 1.4

    Judicial Review

    Judicial review is the power of courts to evaluate the constitutionality of legislative and executive actions.

  • 2

    Functions Of The Judiciary

    The judiciary performs vital functions such as interpreting laws, protecting rights, and resolving conflicts in society.

  • 2.1

    Interpretation Of Laws

    The judiciary interprets laws enacted by the legislature to clarify their meaning and address ambiguities in their application.

  • 2.2

    Protection Of Fundamental Rights

    The judiciary plays a crucial role in safeguarding fundamental rights guaranteed by the Constitution, allowing individuals to seek redress from violations.

  • 2.3

    Judicial Review

    Judicial review is the power of courts to examine and invalidate legislative and executive actions that are inconsistent with the Constitution.

  • 2.4

    Conflict Resolution

    The judiciary serves as a neutral forum for conflict resolution in India, ensuring peaceful and fair dispute resolution through a structured legal process.

  • 2.5

    Law Making (Judicial Activism)

    Judicial activism indicates the judiciary's role in creating laws through interpretations and rulings, especially where gaps exist in legislation.

  • 2.6

    Upholding The Constitution

    The judiciary plays a crucial role in upholding the Constitution in India by ensuring justice and interpreting legal frameworks.

  • 3

    Independence Of The Judiciary

    The independence of the judiciary is vital for ensuring unbiased justice and maintenance of rule of law in India.

  • 3.1

    Features Ensuring Judicial Independence

    Judicial independence in India is maintained through various features such as security of tenure, immunity from legislative control, financial independence, and specific processes for appointment and removal of judges.

  • 3.2

    Judicial Accountability

    Judicial accountability ensures that judges are held responsible for their actions while maintaining their independence.

  • 4

    Role Of The Judiciary In A Democracy

    The judiciary ensures the protection of rights and the upholding of the Constitution in a democracy.

  • 4.1

    Defender Of The Constitution

    The judiciary plays a crucial role in safeguarding the Constitution by ensuring that all laws comply with its principles and protecting citizens’ fundamental rights.

  • 4.2

    Ensuring Rule Of Law

    The judiciary plays a crucial role in upholding the rule of law, ensuring that laws are applied fairly and impartially to all individuals and institutions.

  • 4.3

    Judicial Activism And Public Interest Litigation (Pil)

    Judicial Activism and Public Interest Litigation (PIL) in India enhances citizen participation in judiciary processes.

  • 5

    Challenges Faced By The Judiciary

    The judicial system in India faces significant challenges, including case backlogs, understaffing, access issues, and political influence.

Class Notes

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