JUDICIARY

CHAPTER-5
THE JUDICIARY
BY- Reju Ravindran
CONTENT
• Introduction
• The role of the Judiciary
• What is an independent Judiciary?
• Separation of Powers
• The structure of courts in India
• State (Delhi Administration) vs.
Laxman Kumar and Others (1985)
• The different branches of the legal
system
• Does everyone have access to the
courts?
INTRODUCTION
• In India, there are certain
laws that apply equally to
all persons and a certain
set of fixed procedures
need to be followed
when a law is violated. To
enforce this rule of law,
there is a judicial system
that consists of the
mechanism of courts
What is the Role of the Judiciary
• (i) Dispute Resolution- The judicial system provides a

mechanism of courts for resolving disputes between citizens,
citizens and the government, two state governments and the
central and state governments.
• (ii) Judicial Review- The judiciary has the power to strike
down particular laws passed by the Parliament if it believes
that these are a violation of the basic structure of the
Constitution
• (iii) Upholding the law & enforcing Fundamental Rights – Every
citizen of India can approach the Supreme Court or the High
Court if his/her Fundamental Rights have been violated.
What is an Independent Judiciary
• (i)Judiciary is the guardian of the constitution and

defender of fundamental rights of the people. For
performance of this role it is essential that the judiciary
must be independent.
• (ii) India has an independent judiciary that allows the
courts to play a central role in ensuring that there is no
misuse of power by the legislature and the executive.
• (iii) It plays a crucial role in protecting the Fundamental
Rights of citizens.
Separation of Powers
What is the Structure of Courts in India
• There are three different levels of
courts in our country. Several courts are
at the lower level while only one at the
apex level.
• District level or subordinate court: Most
people interact at this level. Each
district is presided by District Judge
• State level court: High Court is the
highest court of the state.
• Supreme Court: The Supreme Court of
India is the highest judicial authority. It
is located in New Delhi and is presided
over the Chief Justice of India. The
decisions made by the Supreme Court
are binding on all other courts in India.
Appellate System
• This means that a person
can appeal to a higher
court if they believe that
the judgement passed by
the lower court is not just.
This system exists in
India. It is the another
way that defines the
integration of all the levels
of courts.
The different branches of the legal System
CIVIL LAW CRIMINAL LAW
• Law pertaining to protection • Cases like theft,murder,women

of rights of individuals, land harassment etc are handled.
disputes, divorce cases etc are • In this type of law cases are
handled. moved from police stations by
• In this types of cases, filing FIR after which police
petitioner file the case in investigation and further
courts. proceedings of court continues.
• Justice is rewarded in the form • Strict punishment is rewarded
of money remuneration and to the accused if he/she is
as per the petitioner interest proven guilty for the crime
i.e., land settlement in the committed
form of land dispute etc.
Does Everyone Have Access to the Courts
• (i) In principle, all citizens of India can access the courts in this country.
This implies that every citizen has a right to justice through the courts.
• (ii) Legal procedures involve a lot of money and paperwork which take
up a lot of time. Poor people often avoid to go the court to get justice.
• (iii) The Supreme Court devised a mechanism of Public Interest
Litigation or (PIL) to increase access to justice in 1980’s. It allowed any
individual or organization to file a PIL in the High Court or the Supreme
Court on behalf of those whose right were being violated.
• (iv) The legal process was simplified and even a letter or telegram
addressed to the Supreme Court or the High Court could be treated as
a PIL.

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CHAPTER-5

• (i) Dispute Resolution- The judicial system provides a

• (i)Judiciary is the guardian of the constitution and

• Law pertaining to protection • Cases like theft,murder,women

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