Judiciary

The system of courts in the country that administers justice and interprets the law.

The power of the Supreme Court and High Courts to strike down any law passed by Parliament if it believes that law violates the Basic Structure of the Constitution.

The courts are not under the control of the government (Legislature/Executive) and do not act on their behalf. Judges are appointed with little interference and are hard to remove.

Pyramidal structure. Top: Supreme Court (New Delhi). Middle: High Courts (States). Bottom: District/Subordinate Courts (Tehsil/District).

Yes. Decisions made by higher courts are binding on lower courts. You can appeal to a higher court if not satisfied.

The apex court. Established on 26 Jan 1950. Presided by the Chief Justice of India (CJI).

The power of a higher court to hear appeals against the judgment of a lower court.

A mechanism introduced in the 1980s. Any individual or organization can file a case (PIL) in HC or SC on behalf of those whose rights are violated (poor/illiterate). A simple letter can be treated as a PIL.

Civil: Deals with harm to rights of individuals (Rent, Divorce, Land). Remedy is compensation. Criminal: Deals with acts defined as offences (Theft, Murder, Dowry). Police files FIR. Punishment is jail/fine.

The SC ruled that Right to Life (Article 21) includes Right to Livelihood. Slum dwellers cannot be evicted without rehabilitation.

Courts take years to decide cases due to huge backlog and vacancies. This frustrates the poor litigant.

First Information Report. Police investigate a crime only after FIR is registered.

The President (on advice of Collegium system).

Only by Impeachment motion in Parliament (very difficult, proven misbehavior).

Judiciary resolves disputes between: Citizens, Citizen vs Govt, State vs State, and Centre vs State.

Judiciary enforces Fundamental Rights. Anyone can approach SC (Art 32) or HC (Art 226).

Started as a PIL by PUCL in Rajasthan when godowns had grain but people were hungry. SC ordered all states to provide cooked mid-day meals.

In principle, yes. In practice, legal costs and distance make it hard for the poor. PIL helped solve this.

District Judge Court, Additional Sessions Judge, Chief Judicial Magistrate, Munsif, Nyaya Panchayat.

The final decision/judgment of the court.

Supreme Court is in New Delhi.

Established on 26 Jan 1950.

Previously Federal Court of India (1937-1949).

High Courts established in 1862 (Calcutta, Bombay, Madras).

Delhi High Court established in 1966.

25 High Courts in India currently.

Punjab and Haryana share a High Court (Chandigarh).

North East states often share High Courts.

Integrated judicial system.

Appellate system exists.

Civil Law: Rent, Divorce, Purchase.

Criminal Law: Theft, Murder, Harassment.

Police file FIR.

Court gives verdict.

PIL introduced by Justice P.N. Bhagwati (1980s).

Olga Tellis vs Bombay Municipal Corp (1985).

Right to Livelihood is part of Right to Life.

Right to Food is part of Right to Life (PUCL case).

Acquitted means declared innocent.

Convicted means declared guilty.

To Appeal means to go to higher court.

Compensation is money for damages.

Eviction means removal from home.

Separation of powers ensures independence.

Politicians cannot dictate judges.

Judicial Activism refers to Courts driving change.

Case backlog is in millions.

Fast Track Courts setup for speedy justice.

Lok Adalats settle disputes amicably.

Fundamental Rights are enforceable.

Habeas Corpus is a writ (produce the body).

Mandamus is a writ (command to do duty).

Article 21: Right to Life and Liberty.

Judiciary checks the Executive/Legislature.

Constitution is supreme.

Supreme Court interprets Constitution.

Guardian of Fundamental Rights.

Supreme Court established

First High Courts established

Introduction of PIL