Notes-Class 8-Civics-Chapter-4-The Indian Judicial System-Maharashtra Board

Introduction :

• Judiciary is an important organ of the government.
• Judiciary works to give justice and thereby helps in removing injustice in a society and establishes a healthy society.

Why Judiciary system and Laws are necessary ? 

Structure of the Judiciary : (Integrated Judicial System)

• There is one judicial system for whole of India and no division of courts between the centre and the constituent states.
• The Supreme Court is the apex court. Under it there are High Courts.
• The High Courts control the District Courts.
• At the bottom, of the structure are lower courts.

Supreme Court :

Appointment of Supreme Court Judges :

• The President appoints the Chief Justice of India (CJI) and other judges of Supreme Court.
• By convention, the senior most judge is appointed as the Chief Justice of India.

Eligibility and Tenure of Supreme Court Judges :

• A person is considered eligible to be a Supreme Court judge only if (a) he is a legal expert or (b) he has served as a High Court judge or (c) he is an experienced advocate of the High Court.
• The retirement age of Supreme Court judge is 65 years.

Independence of the judiciary : The Constitution wants Judiciary to work freely, without any kind of pressure. The independence of the judiciary is maintained so as to enable the judges to fearlessly carry out the function of giving justice.

For this purpose, the Constitution has made the following provisions.

Judicial Activism :

The courts settle the disputes whenever they are approached for that purpose. But, in the recent times, this image of the courts has undergone a change.

• They have become increasingly active.
• The courts are now trying to fulfill the constitutional goals of justice and equality.
• The courts have tried to provide legal protection to the marginalised sections of society, women, tribal, workers, farmers and children.
• Public Interest Litigations related to issues like victimisation of women, malnourishment among children, etc. have played an important role in boosting Judicial Activism

Public Interest Litigation (PIL) : It refers to litigations filed on issues of public importance by individual citizens, social organisations or Non-Governmental Organisations on behalf of the all people. The court thinks over the questions raised and gives its decision.

Functions of the Supreme Court

• Supreme Court is responsible for resolving disputes between the Union and the states, as well as between the Union and any state on one hand and one or more states on the other.
• It may also issue orders to protect citizens' fundamental rights.
• To review lower court decrees and orders, as well as its own decisions.
• If the President requests the Court's advice to understand the legal aspects of matters of public importance, provide the necessary advice.

Judicial Review :

• One of the most important responsibilities entrusted to the Supreme Court is the protection of the Constitution.
• If any law passed by the Legislature or any act of the Executive violates any provision of the Constitution, the said law or act is declared illegal and struck down by the court. This power of the court is known as Judicial Review.

High Court :

• The Indian Constitution has conferred the Parliament with the power to establish a High Court in each constituent state in the union.
• Normally, each state has a High Court. But, in certain cases where the population and area of the states is less, one High Court has jurisdiction over more than one state.
• Currently, there are 24 High Courts in India.
• There is a Chief Justice along with other judges in the High Court.
• All the judges of the High Court are appointed by the President.
• The retirement age of High Court judges is 62 years.

District and Lower Court :

• There are courts at the district and the tehsil (taluka) level.
• Every district court has one district judge who is appointed by the
• Governor with the advice of the High Court.

 The branches of Law in India :

Civil Law :

• This law deals with conflicts which affect or interfere with the rights of a person.
• Conflicts regarding land and property, rent agreement, divorce etc. are resolved by Civil Law.

Criminal Law :

• Serious crimes such as theft, robbery, dowry, murder, etc. are dealt under Criminal Law.
• In these cases, the first step is to file a ‘First Information Report’ (FIR) with the police.
• The police investigates the matter with the help of FIR and then files a petition in the court.
• It the charges are proved, there are provisions for severe punishment.