Civics

Chapter - 5 : Judiciary

Establishment of Supreme Court in India

The Supreme Court of India was established on 26 January 1950.

The Supreme Court is presided over by?

The Supreme Court is presided over by the Chief Justice of India.

Role of a judge
● The role of the judge includes deciding whether accused person is guilty or innocent.
● He may send the person to jail and may also impose a fine or both.

Strength of the judges in Supreme Court and High Courts

The Indian judiciary consists of
● one Supreme Court with currently 22 judges (including Chief Justice of India)
● 24 High Courts with 1,044 judges.

Need for an independent judiciary to carry out the important function of ‘Upholding the
law and Enforcing Fundamental Rights’.
● The independence of the judiciary allows the courts to play a central role in ‘upholding
the law and Enforcing Fundamental Rights’
● Iit ensures that there is no misuse of power by the legislature and the executive.
● Anyone can approach the courts if they believe that their rights have been violated and
Politicians or other socially powerful people cannot use their power to change any
judgement.

Right to Constitutional Remedies connects to the idea of judicial review

● Right to Constitutional Remedies declares that citizens can go to court for justice if they
believe that any of their Fundamental Rights have been violated by the State.
● The judiciary has the power to review or even strike down any particular law passed by
the parliament if they believe that this law violates the basic structure of the constitution,
which is called judicial review.
Hence, the independence of the judiciary is necessary to uphold the rights of the citizens.

Public Interest Litigation (PIL) in the 1980s: A significant step in ensuring access to
justice for all
● The introduction of Public Interest Litigation (PIL) in the 1980s was a significant step in
ensuring access to justice for all because interests of the illiterate and poor who are not
educated or cannot afford to access the Indian legal system for justice against
exploitation or violation of their basic human or Fundamental Rights.
 ● In the 1980s the Supreme Court devised a mechanism of Public Interest Litigation under
which any individual or an organisation can file a PIL in the High Court or the Supreme
Court on behalf of those whose rights are being violated.

Structure of courts in India

● At the apex is the Supreme Court followed by High Courts at the State level, District
Courts at the district level. The Supreme Court is located in New Delhi and is presided
over by the Chief Justice of India along with other judges. The appointments are done
directly by the President of India.
● High Courts work under the Supreme Court and they decide on both civil and criminal
cases. The judges are appointed by the President of India, in consultation with the Chief
Justice of India and the Governor of the state.
● District Courts are headed by a judge and administered and controlled by the High
Courts of the respective states.
The decisions made by the Supreme Court are binding on all the other courts in India.

Differences between civil and criminal cases

Basis for Comparison CIVIL CASES CRIMINAL CASES

Meaning Deals with any harm or Deals with offenses or crimes

violation to individual rights in committed against the society
the form of disputes or as a whole.
quarrels between individuals,
organisations or both.

Purpose To sustain the rights of a To maintain law and order, to

person and to compensate protect society and to give
him. punishment to the
wrongdoers.

Starts with Filing a petition to the Firstly, a complaint (FIR) is

respective court by the lodged with the police who
aggrieved party. investigates the crime,
thereafter, a case is filed in
the court.

Outcome Remedy Punishment

Powers of the court Award for damages or relief. Imprisonment, fine or

execution according to the
depth of the case.