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VIII.Civics.Chapter20.The Union Government the Judiciary


Chapter 20
The Union Government: The Judiciary
 in the previous two chapters, you have studied about two major organs of the Union Government, i.e.  the Legislature and the Executive.  You have seen that legislature makes laws, whereas it is the responsibility of the executive to enforce them.  In this chapter, we shall study about the third organ of the government, i.e.  the Judiciary.  In a federal government, it is essential to have judiciary, which not only resolves disputes, but is the final interpreter of the Constitution.  Whenever a dispute arises regarding property, violation of our rights, abuse of power, violence, exploitation or any other issue related to our day to day life, the matter can be taken to a court of law to seek justice.  The court gives justice to the aggrieved party.  Therefore, a system of courts under an independent judiciary is the foundation of our democracy, independence of judiciary justice is possible only if the judiciary is independent, impartial and unbiased.  The judiciary not only protects the rights of the citizens but also resolves various disputes arising out of civil cases, criminal cases and constitutional matters without any pressure from the executive or the legislature.  Our Constitution has various provisions which make our judiciary independent and keeps it free from the influence of the legislature and the executive.  Do you know?  There are special provisions that ensure the independence of judiciary in India.  01. The judges are appointed on the basis of their qualifications.  The judges cannot be removed easily.  There is a special procedure to remove them, called impeachment.  The judges are paid adequate salary.  Their salary and allowances cannot be reduced during their tenure.  The tenure of the judges is fixed.  230
Types of Cases There are mainly two types of cases which are brought before a court.  They are civil cases and criminal cases The civil cases relate to disputes over property, marriage, money, rent matters, purchase of goods, etc.  They also include the infringement or violation of rights of individuals.  There are civil laws to settle and decide civil cases.  12 The Criminal cases involve offences like robberies, murders, cheating, harassing of women, beating, violence, kidnapping, etc.  Tax evasion is also a criminal offence.  Usually, the criminal cases begin with the lodging of an FIR (First Information Report).  After investigation by the police, the case is filed in the court.  In case the crime is proved, the accused can either be sent to jail or fined or in some cases both fined and jailed.  Do you know?  An FIR is lodged with police about a criminal offence.  According to law, whenever a person informs the police about an offense, it is compulsory for the police to register an FIR.  The notable point here is that any one who knows about the offenses can file an FIR and not necessarily the victim of the crime.  Single Unified and Integrated Judicial System The unique feature of our federal democratic set-up is a single unified and integrated judicial system for the whole country.  It has got power to supervise and control the working of entire judicial system in India.  It ensures justice to all.  The Supreme Court at the apex is the highest judicial authority followed by the High Courts in the States and then the subordinate courts in every district.  The lowest court in the judicial hierarchical order is the Court of Magistrate.  The lower courts are controlled and supervised by the High Courts, a judgment given by the lower court can be challenged in the higher court.  Alike, an individual can go to the Supreme Court of India to appeal against the judgment of a High Court.  The Constitution of India says that the law declared by the Supreme Court shall be binding on all courts within the territory of India.  ) Page 231.
Let us now study the Indian Judicial System with the help of the following flowchart: INDIAN JUDICIAL SYSTEM Supreme Court of India High Courts Subordinate Courts or Lower Courts in Districts Civil Courts District Judge / Additional District Judge Criminal Courts Sessions Judge / Additional Sessions Judge Court of  The Subordinate Civil Judge First Class Assistant Session Judge Munsif / Court of Sub - Judge Second Class Chief Judicial Magistrate / Chief Metropolitan Magistrate Court of Magistrate of Second Class / Special Judicial Magistrate Court of Magistrate of Second Class / Special Judicial Magistrate / Executive Magistrate 232
Ranian are SUPREME COURT OF INDIA The Supreme Court was established on January 26, 1950. The Supreme Court is the highest court of the country with its Headquarter at New Delhi.  It hears both civil and criminal cases.  It also deals with the cases pertaining to the interpretation of the Constitution of India, composition The Supreme Court comprises of a Chief Justice the Supreme Court and a maximum number of 31 other judges who are appointed by the President of India on the recommendation of the collegium  system.  It is a closed group consisting Do You Know?  of Chief Justice of India and four senior The Highest Court of India during the British judges of the Supreme Court.  While period was known as the Federal Court of India appointing the Chief Justice, the President (193749).  It was located in the Parliament House consults other judges as she / he deems proper.  Normally, the senior most judge of the Supreme Court is appointed as the Chief Justice of India.  Like, the other judges of the Supreme Court are also appointed by the President of India.  Qualifications of Judges to be eligible to become a judge of the Supreme Court, a person must be: a citizen of India.  a judge of the High Court / Courts for a minimum period of five years or a distinguished jurist in the opinion of the President of India.  Tenure and Removal from Office the Chief Justice and all other judges of the Supreme Court remain in office till they attain the age of 65 years, D4 Do You Know?  Once a judge is appointed, she / he bambu cannot be removed from office under special majority means an absolute majority of total membership and two - third majority of normal circumstances.  She / He can be members present and voting in each House.  removed, only on grounds of proved misbehaviour or incapacity to discharge functions, by the President on the basis of a resolution passed by each House of the Parliament by a special majority during the same session.  This process is called impeachment.  233
Salary and Allowances The government has set the salary for the Chief Justice of India at Rupees 2.8 lakhs per month whereas for the other judges at Rupees 2.5 lakhs per month.  Besides allowances, they are provided with many other facilities, such as official residence, car, travel allowances, leave and pension on retirement powers and FUNCTIONS of SUPREME COURT as the highest court of the country, the Supreme Court performs many important functione and exercises different  types of jurisdiction, such as original, appellate, advisory and supervisory jurisdiction.  Original Jurisdiction tower Original jurisdiction is exercised in cases which originate in the Supreme Court, which means they can be heard in the Supreme Court for the first time.  Such cases include disputes arising (6) between the Union and one or more States (ii) between the Union and a State / States visa - vis one or more States (iii) between two or more States.  Inter-state disputes regarding sharing of water and power also come under this category.  Appellate Jurisdiction Appellate jurisdiction is exercised to hear appeals against the decisions of the High Courts and other courts regarding constitutional, civil and criminal cases.  This jurisdiction is applicable to case involving interpretation of the Constitution, cases sent by the High Courts and the criminal cases where a High Court changes the decision of a lower court and gives a death sentence.  The Supreme Court can also review its own decisions taken earlier.  Advisory Jurisdiction Advisory jurisdiction covers constitutional issues or matters of public importance if the Presiden of India desires to obtain the opinion of the Supreme Court.  Any such opinion given by the Supreme Court is not binding on the President.  Supervisory Jurisdiction Supervisory jurisdiction empowers the Supreme Court to supervise the functioning of all the courts below it.  Court of Record The Supreme Court functions as the Court of Record under which the proceedings of the cour are preserved.  These records can be cited as precedents in future in all the courts in the country.  Protector of Fundamental Rights as Protector of Fundamental Rights, the Supreme Court may declare a law passed by the legislature null and void, if it encroaches upon the fundamental rights of the people.  Therefore, ou Fundamental Rights are secure in the hands of the Supreme Court.  234

The Guardian of our Constitution The Supreme Court is the Guardian of our Constitution.  So, the Court does not allow either the executive or the legislature to violate any provision of the Constitution.  The Supreme Court alone has the authority to interpret the Constitution.  The power of Judicial Review Judicial Review is the power of the Supreme Court to review the laws enacted by the Parliament or the State Legislatures to ascertain whether they are in conformity with the provisions of the Constitution or not.  Any law declared unconstitutional, immediately ceases to remain in force.  In this way, the court protects the rights of the people and guards the Constitution.  Thus, judicial review is an important means of protecting and enforcing the rights.  After going through the powers and functions of the Supreme Court, don't you think that the role of this apex court is quite wide and comprehensive?  It has always protected the Constitution.  it observes the activities of government and stops them wherever and whenever necessary.  It also interferes in the working of other courts to ensure justice through fair trials.  HIGH COURT The High Court, be it for one state or more than one state, functions under the supervision, guidance and control of the Supreme Court of India.  It is a part of integrated judicial system.  Composition The High Court consists of a Chief Justice and some other judges.  The number of judges varies from state to state, depending on its size and population.  The Chief Justice of a High Court is appointed by the President of India in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned state.  Similarly, the other judges are also appointed by the President on the advice of the Chief Justice of India, the Governor of State and the Chief Justice of the High Court of the concerned state.  Mumbai High Court Bengaluru High Court Allahabad High Court Qualifications Any citizen of India who has been an advocate in one or more High Courts for at least 10 years or holder of a judicial office in Subordinate Courts for a period of 10 years, is eligible for appointment  as judge in a High Court.  235
Emoluments The government has set the salary for the Chief Justice of a High Court at Rupees 2.5 lakhs per month, whereas for other High Court judges at Rupees 2.25 lakhs per month.  Besides this, they are entitled to certain rights like a free residence, official car and other allowances.  Tenure and Removal A judge may continue to remain in office till the attainment of 62 years of age.  The judges of the High Court can be removed from office by the President of India in the same manner as the judges of the Supreme Court through impeachment.  Unlike the judges of the Supreme Court, a retired High Court judge may practice in any High Court, but not before any Lower Court or in the same High Court.  However, she / he may be appointed as a judge of the Supreme Court.  POWERS AND FUNCTIONS OF HIGH COURT A High Court is mainly a court of appeal both in civil and criminal cases brought before it, against the decisions of the Lower Courts.  This comes under the appellate jurisdiction of the High Courts.  Do you know?  There are 29 states in India, but only 24 High Courts.  There is a common High Court at Chandigarh for the states of Punjab and Haryana.  It also covers the Union Territory of Chandigarh.  The National Capital of Territory of Delhi is the only Union Territory which has its own Court.  The original jurisdiction of a High Court is very limited.  Cases involving violation of Fundamental Rights, disputes related to the election of an MP (Member of Parliament) or MLA (Member of Legislative Assembly) where the interpretation of the Constitution is required, come under the original jurisdiction of the High Courts.  The cases pertaining to marriage, divorce, laws, wills of the deceased persons, etc.  , are also taken up by the High Court.  The High Court also has the power of judicial review.  It can transfer to itself in those cases where substantial question of law is involved and require interpretation of the Constitution.  Exercising its supervisory jurisdiction, all the Subordinate Courts in the State concerned function under the control and guidance of the High Court of the State.  236
Like a Like the Supreme Court of India, a High Court is also a 'Court of Record'.  It has the power t punish for contempt of itself.  All decisions of the High Court are binding on Lower Courts, who ar bound to follow them.  They are cited as precedents.  Subordinate Courts Subordinate Courts are the Lower Courts at the district level and below.  They are supervise and controlled by the High Court of the concerned state.  They are the Civil Courts, Criminal Court and Revenue Courts.  Besides these Lower Courts, there is provision for Nyaya Panchayots an Lok Adalats also.  Each State of India has its own system of courts.  But the general pattern is the same.  Civil Courts The highest civil court in a district is called the District Court.  The judges of these courts ar appointed by the Governor in consultation with the High Court.  All the civil matters pertaining t property, contracts, agreements, landlord - tenant disputes, which do not originate in the High Courts are heard in the District Courts.  Below the District Court, there may be one or more Courts of Sub - Judges.  Separate family court are also there.  They hear cases of family disputes like divorce, custody of children, etc.  Below ther are the Courts of Munsifs.  Criminal Courts for criminal cases in a district, the highest court is the court of the Sessions Judge.  Below the court, there are courts of Magistrate of First, Second and Third Class.  In big cities like Delhi, Kolkata First class magistrates are called Metropolitan Magistrates.  Revenue Courts The highest revenue court in a district is the Board of Revenue which deals with the cases o land revenue.  Courts of Commissioner, Collector, Tehsildar and Assistant Tehsildar work under the Board of Revenue which hears the final appeals against the lower revenue courts.  al of al 0 Lok Adalats It is said that "justice is delayed is justice denied '. Since the process of imparting justice is ver lengthy and expensive, it is becoming out of reach of the common man. Besides, thousands of cases are lying pending in  various courts. As an effort to simplify the legal procedures, reduce the cost litigation and to provide speedy justice, Lok Adalats have been set - up. It was in 1985 when the fir 0 ed 237)
Lok Adalat was held in Delhi.  You will be surprised to know that about 150 cases were settled on the first day The Lok Adalat is normally presided over by a retired judge.  The disputing parties plead their case themselves.  No advocate or pleader is allowed to argue the case.  Even witnesses are not examined.  Efforts are made to settle disputes through compromise, mutual agreement and on - the - spot decisions Do You Know?  The idea of ​​Lok Adalat was mainly advocated by Justice P.N.  Bhagwati, a former Chief Justice of India.  The idea is based on the ancient Gram Panchayats where the judges were known as Panch Parmeshwar.  Mahatma Gandhi had also strongly pleaded the revival of Gram Panchayats to settle disputes without wasting time and money.  The idea of ​​Lok Adalat is really commendable and indeed very useful.  That is why, Lok Adalats are called People's Courts for speedy and inexpensive justice.  Public Interest Litigation (PIL) Vast majority of the people living in India are poor and illiterate.  They cannot even think of going to the courts to seek justice.  Justice is a remote dream for them.  So, the concept of Public Interest Litigation (PIL) was devised by the Supreme Court of India.  Any person from the public, whether affected or not, may write an ordinary letter or even a post card, drawing the attention of the High Court or the Supreme Court towards any matter of serious public importance.  For example, one may write about the inadequate and unsafe transport system or supply of unhygienic drinking water or about the exploitation of children and women in a particular establishment if the court is convinced that the matter is of public importance, it will take up and decide  the case.  Public Interest Litigation is a novel idea.  It helps the poor, the illiterate and the ignorant) matters of urgent public importance.  It seems that PIL has served the purpose for which it was devised and has proved to be a boon for the common man.  It has set right a number of wrongs committed by an individual or society.  It has brought legal aid to millions of poor, illiterate and ignorant Indians.  238
Do you know?  Two PIL cases that changed our lives are 1. Sheela Barse vs State of Maharashtra (Feb - 15, 1983) This was a historic judgment that dealt with the issue of custodial violence against women in prisons This resulted in an order facilitating separate police lock ups  for women convicts in order to shield them from further trauma and brutality.  2. Green Litigation (1998): PIL by enviornmentalist M.C.  Mehta was behind the court's order on CNG vehicles in Delhi.  CNG verdict on July 28, 1998 forced the vehicles in the capital to switch to a different fuel in order to keep a check on vehicular pollution.  Keywords appellate: dealing with appeals for decisions to be reversed given by a lower court hierarchy: a system in which members of an organization or society are ranked according to their status or authority litigation: a legal process of resolving a dispute through a court.  precedenti an earlier event or action that is regarded as an example or a guide to be considered in similar circumstances.  witness: a person who has personally seen an event, a crime, an accident, etc.  239

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