Social and Political Life

Unit Three 2024-25

Teachers Note

• Introduction to the judiciary system
• Familiarity with police, courts, etc.
• Combines basic knowledge and criminal justice system
• Chapter 4: Role of judiciary in upholding the Constitution
• Five key concepts in judiciary discussed
• Importance of independence of judiciary explained with examples
• Structure illustrated through a case, encourage discussing other cases
• Access to justice and Public Interest Litigation (PIL)
• Discussion on delays in justice

Chapter 4: The Judiciary

Overview

• Role of judiciary in India’s democracy
• Importance of rule of law: laws apply equally to all, procedures followed
• Judicial system: mechanism of courts for law enforcement
• Independence of judiciary: crucial for functioning

Establishment

• Supreme Court established on January 26, 1950
• Originally in Parliament House, moved to New Delhi in 1958

Functions of Judiciary

• Dispute Resolution: Resolves disputes between citizens, citizens and government, state governments, and centre-state
• Judicial Review: Power to strike down laws violating Constitution
• Upholding Laws and Fundamental Rights: Citizens can approach courts for rights violations

What is an Independent Judiciary?

• Separation of powers: Judiciary independent from legislature and executive
• Judges appointed with minimal interference, difficult to remove
• Protects against misuse of power

Structure of Courts in India

• Three levels: Subordinate (District) Courts, High Courts, Supreme Court
• Integrated system, hierarchy like a pyramid
• Appellate system: Higher courts’ decisions binding, appeals possible

Case Study: State (Delhi Administration) vs Laxman Kumar

• Description of a dowry death case
• Trial Court verdict: Conviction
• High Court verdict: Acquittal
• Supreme Court verdict: Guilty, life imprisonment

Differences between Criminal and Civil Law

• Criminal Law: Offences against society, involves police and FIR, possible jail time and fines
• Civil Law: Disputes between individuals, involves filing petitions, relief through court orders

Access to Courts

• Principle: All citizens have access
• Reality: Expensive, time-consuming, inaccessible for poor
• PIL introduced for better access, simplified legal process
• Right to Food case: Example of effective PIL

Important Cases

• Olga Tellis vs Bombay Municipal Corporation
  • Right to Livelihood as part of Right to Life
  • Importance of livelihood linked to life

Challenges

• Long duration for case resolution
• Example: Hashimpura case, justice after 31 years

Importance of Judiciary

• Checks on executive and legislative powers
• Protects Fundamental Rights

Court Structure and Judges

• Supreme Court: 34 judges
• High Courts: 1,108 judges
• District/Subordinate Courts: 25,042 judges
• Impact of judge shortages on justice delivery

Discussion Points

• Importance of independent judiciary for democracy
• Connection between Right to Constitutional Remedies and judicial review
• Role of PIL in ensuring justice
• Interpretations of Right to Life and Livelihood

Exercises

• Understanding glossary terms: Acquit, Appeal, Compensation, Eviction, Violation
• Duties of government in upholding Right to Food
• Phrase analysis: "Hungry stomachs, overflowing godowns!"