The Judiciary

1. What do you understand by the word ‘law’?

Law is a system of rules, usually imposed through a Government or Institution and is

applied to govern a group people. It shapes politics, economics and society in
numerous ways.

2. You read that one of the main functions of the judiciary is ‘upholding the law and
Enforcing Fundamental Rights’. Why do you think an independent judiciary is necessary
to carry out this important function?

The independent judiciary is necessary to carry out this function because of the
following reasons:

 The Independent judiciary does not work under any pressure from the legislature
or the executive. It can protect the Fundamental Rights.
 It works independently to give every citizen, whether rich or poor, equal rights and
he/she cannot be discriminated against any other considerations.
 In a situation where a politician or the executive has the power to appoint the
judges, the judiciary will not be able to take independent decisions. For example, a
judge appointed by a politician will not be able to judge a case against that person
on its merit. Rich and powerful might try to influence the judiciary. To prevent such
a situation Constitution provides for an independent Judiciary.

3. What does judiciary mean?

In law, the judiciary or judicial system is the system of courts which administers justice
in the name of the state. It is the mechanism for the resolution of disputes and
pronouncement of punishment. As an organ of the State, the judiciary plays a crucial
role in the functioning of India’s democracy

4. Re-read the list of Fundamental Rights provided in Chapter 1. How do you think the
Right to Constitutional Remedies connects to the idea of judicial review?
Solution:
Judicial review of court decisions is carried out when the judgment given by a court
violates any constitutional provision. In the Constitution, every citizen has equal rights
and none can be discriminated against. If there is any violation, the judiciary is free to
review the earlier judgments even by’ the Supreme Court.

5. How is the work of the judiciary categorised?

The Judiciary comprises of courts that take decisions on a very large number of issues.
The work of the judiciary can be divided into 3 categories, namely Dispute Resolution,
Judicial Review and upholding the Law and Enforcing Fundamental Rights

6. In the following illustration, fill in each tier with the judgment given by the various
courts in the Sudha Goel case. Check our responses with others in the class.
Solution:

1. Lower court: The Lower Court convicted Sudha’s husband, his mother and his
brother-in-law and sentenced all three of them to death.
2. High Court: The High Court passed the judgment stating that Sudha’s husband
and the others were innocent and set them free.
3. Supreme Court: The Supreme Court passed a judgment stating that Sudha’s
husband and his mother were guilty and sentenced them to prison for life. The
court freed the brother-in-law.

7.What is the structure of the judicial system of India?

The judicial system of India is stratified into various levels. At the apex is the Supreme
Court, which is followed by High Courts at the state level, District Courts at the district
level and Lok Adalats at the Village and Panchayat Level.
The structure of the courts from the lower to the highest level resembles a pyramid

8. What is “Public interest Litigation”?

“Public interest Litigation” or PIL is a litigation filed in a court of law, for the protection of
“Public Interest”, such as pollution, terrorism, road safety, constructional hazards etc.
PIL can be filed for the following reasons:

1. Violation of basic human rights of the poor

2. Content or conduct of government policy
3. Compel municipal authorities to perform a public duty
4. Violation of religious rights or other basic fundamental rights
5. Any individual or organisation can file a PIL in the High Court or the Supreme
Court on behalf of those whose rights are being violated. It is not necessary, that the
person filing a case should have a direct interest in the case

9. Differentiate between Criminal Law and Civil Law.

Answer: Difference between Criminal Law and Civil Law

Criminal Law Civil Law

1. Deals with conduct or acts that 1. Deals with any harm or injury to
the law defines as offences. For rights of individuals. For example,
example, theft, harassing a disputes relating to sale of land,
woman to bring more dowry, purchase of goods, rent matters,
murder. divorce cases.

2. It usually begins with the

2. A petition has to be filed before
lodging of an First Information
the relevant court by the affected party
Report (FIR) with the police who
only. In a rent matter, either the
investigate the crime after which
landlord or tenant can file a case.
a case is filed in the court.

3. The court gives the specific relief

asked for. For instance, in a case
3. If found guilty, the accused can
between a landlord and a tenant, the
be sent to jail and also fined.
court can order the flat to be vacated
and pending rent to be paid.

10.
Why do you think the introduction of Public Interest Litigation (PIL) in the 1980s is a
significant step in ensuring access to justice for all?
Solution:

 Before the 1980s filing of litigation into the courts was very costly.
 The poor could not afford to go to courts.
  Since the 1980s, the people can file their case through a letter or a telegram
addressed to the Supreme Court or the High Courts without spending any money.
The Courts take it as PIL (Public Interest Litigation).
 Thus, it is a significant step in ensuring access to justice to all the citizens.

11. Re-read excerpts from the judgment on the Olga Tellis vs Bombay Municipal
Corporation case. Now write in your own words what the judges meant when they said
that the Right to Livelihood was part of the Right to Life.

The Right to Livelihood is part of the Right to Life because no

person can live without the means of living. In the case of Olga Tellis vs Bombay
Municipal Corporation, the people live in slums. They have small jobs in the city and for
them, there is nowhere else to live.

The eviction of their slum will lead to deprivation of their livelihood and consequently to
the deprivation of life. Thus, it can be said that the Right to Life means the need for
basic requirements of livelihood i.e., food, shelter, and cloth.