Need for justice and structure of the judiciary
If two teams quarrel in a game, a fair umpire decides and both accept it. Society too needs a fair judiciary to settle disputes.
The judiciary settles disputes and gives justice. Though the Centre and the states have separate legislatures, India has one integrated judicial system for the whole country.
Key idea 1 : Why justice is needed — People differ in views, beliefs and culture, and sharp differences can lead to conflict. A judiciary is needed to settle them fairly and by law. It also does justice in disputes between a person and the government.
Key idea 2 : Rule of law — The law applies equally to the rich and poor, men and women, and the judiciary protects it. So people’s rights stay safe, oppressive groups are checked and democracy grows stronger.
Key idea 3 : Integrated structure — At the top the Supreme Court; below it the High Courts; under their control the district courts; at the bottom the other lower courts.
- Easy : How many judicial systems does India have? — Only one (integrated).
- Medium : Which courts come below the Supreme Court? — High Courts, then district and lower courts.
- Exam-type : What can a citizen do if a government decision seems unjust? — Seek relief in court.
In the figure: From top to bottom: Supreme, High, district and lower courts.
The judiciary upholds the rule of law and sees that all get equal justice.
It is not that the Centre and states have separate courts; the judiciary is one for the whole country.
Supreme → High → district → lower. Memory clue: first letters S-H-D-L.
Spot the difference
| Level | Head |
|---|---|
| Supreme Court | Chief Justice of India |
| High Court | Chief Justice |
| District court | District judge |
Practice questions
- 1What is the main work of the judiciary?
- 2Why is the Indian judiciary called ‘integrated’?
- 3Who heads the Supreme Court?
- 4Why does society need a judiciary?
- 5What is the rule of law?
- 6Describe the structure of courts.
- 7How can a court help weaker sections? Write one example.
- 8Write your thoughts on what would happen if the judiciary were not fair.
Show answers (try them yourself first)
- 1Settling disputes and giving justice.
- 2Because there is one judicial system for the whole country; the courts of the Centre and states are not separate.
- 3The Chief Justice of India (CJI).
- 4Differences can lead to conflict; to settle them fairly.
- 5The law applying equally to all and the judiciary protecting it.
- 6A ladder of Supreme, High, district and lower courts.
- 7By giving a decision that protects the rights of women, children or workers.
- 8Rights would be unsafe, the powerful would act arbitrarily and people would lose trust.
Independence of the judiciary
A cricket umpire does not decide under any team’s pressure. Judges too must be able to give justice fearlessly.
To let judges give justice without any pressure, the Constitution has made provisions that protect the independence of the judiciary.
Key idea 1 : Appointment and eligibility — Legal experts, those who have served as High Court judges and experienced advocates are eligible. The President appoints them, which avoids political pressure. By convention the senior-most judge becomes Chief Justice.
Key idea 2 : Security of tenure and salary — A judge cannot be removed for trivial or political reasons. Retirement age is 65 in the Supreme Court and 62 in a High Court. Salaries are drawn from the Consolidated Fund of India and are not discussed in Parliament.
Key idea 3 : Protective rules — Judges cannot be personally criticised for their acts and decisions; contempt of court is a punishable offence. Parliament does not discuss judges’ decisions but can remove them by impeachment.
- Easy : What is the retirement age of Supreme Court judges? — 65 years.
- Medium : Of High Court judges? — 62 years.
- Exam-type : Why are salaries paid from the Consolidated Fund? — It is not discussed in Parliament, so there is no pressure through pay.
In the figure: Appointment, security of tenure and the offence of contempt — safeguards of independence.
Only when the judiciary works without pressure can all get fair justice.
One may express a view on a court’s decision, but not criticise judges personally; the two are different.
65 and 62 — bigger court, bigger age. Memory clue: ‘Supreme 65, High 62’.
Spot the difference
| Provision | Benefit |
|---|---|
| President appoints | Avoids political pressure |
| Security of tenure | Cannot be removed on trivial grounds |
| Salary from Consolidated Fund | No pressure of debate or cuts |
| Contempt punishable | Protection from wrongful criticism |
Practice questions
- 1What is independence of the judiciary?
- 2Who appoints judges?
- 3State the retirement ages of Supreme Court and High Court judges.
- 4Judges cannot be removed on trivial grounds; why?
- 5What is contempt of court and why does it matter?
- 6By what method can Parliament remove judges?
- 7Write three safeguards of independence and the benefit of each.
- 8What might have happened if judges depended on the government? Write your opinion.
Show answers (try them yourself first)
- 1Judges giving justice fearlessly without any pressure.
- 2The President.
- 3Supreme Court 65 years; High Court 62 years.
- 4Because security of tenure lets them decide without fear.
- 5A punishable offence checking wrongful criticism of judges; it protects judicial independence.
- 6By the impeachment procedure.
- 7Appointment by the President — avoids political pressure; security of tenure — fearless decisions; salary from the Consolidated Fund — no pressure of debate.
- 8Judges might have decided to please the government and citizens would not have got justice.
Supreme Court, High Courts and lower courts
A dispute in class is settled by the class teacher; if not settled, it goes to the principal. In courts too, one can appeal from a lower step to a higher court.
The Supreme Court is the highest court in the country, High Courts serve the states, and district and taluka courts are closest to the people.
Key idea 1 : Functions of the Supreme Court — As the federal court, settling disputes between the Centre and states; giving orders to protect citizens’ fundamental rights; reviewing lower courts’ orders and its own decisions; giving legal advice if the President asks.
Key idea 2 : Functions of the High Court — Supervising and controlling the lower courts in its area; giving orders to protect fundamental rights; the Governor consults the High Court when appointing district judges.
Key idea 3 : Number of High Courts and district courts — India today has 25 High Courts. The Bombay High Court’s area covers Maharashtra, Goa and Dadra and Nagar Haveli and Daman and Diu. Ordinary people go to district and taluka courts; each district court has one district judge.
- Easy : Who heads the Supreme Court? — The Chief Justice of India.
- Medium : What is the Bombay High Court’s area? — Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu.
- Exam-type : Who settles a dispute between the Centre and a state? — The Supreme Court.
In the figure: One High Court for Maharashtra, Goa and two Union Territories.
The Bombay High Court was established in 1862. Calcutta, Bombay and Madras are regarded as the three oldest High Courts in the country.
One Supreme Court for the whole country; 25 High Courts today; district courts in every district.
The textbook gives 24 High Courts; after separate High Courts for Telangana and Andhra Pradesh there are 25 today. In the exam write as your teacher tells you.
Supreme = one, High = 25, district = in every district. Memory clue: ‘1 – 25 – district’.
Spot the difference
| Court | Main work |
|---|---|
| Supreme Court | Centre–state disputes, protecting rights, review |
| High Court | Control over lower courts, protecting rights |
| District court | Ordinary people’s cases |
Practice questions
- 1State one function of the Supreme Court.
- 2Who heads a High Court?
- 3How many High Courts are there in India today?
- 4Name the areas under the Bombay High Court.
- 5Why is the Supreme Court the federal court?
- 6How does a High Court control district courts?
- 7Which court do ordinary people mostly approach, and why?
- 8Why does the President seek the Supreme Court’s advice? Write your opinion.
Show answers (try them yourself first)
- 1Settling Centre–state disputes, giving orders for fundamental rights — any one.
- 2The Chief Justice.
- 325.
- 4Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu.
- 5Because it decides disputes between the Centre and the states.
- 6By supervising and controlling them, and advising when district judges are appointed.
- 7District and taluka courts, because they are closest to the people.
- 8It gives expert advice so that a right decision can be taken on a legal question of public importance.
Judicial review, judicial activism and PIL
If an answer sheet is marked wrongly, re-checking can be asked for and the error is corrected. Courts have a similar power to check laws and government acts.
When a court declares a law or government act against the Constitution illegal and strikes it down, it is called judicial review. A case filed on behalf of all on a matter of public importance is a Public Interest Litigation (PIL).
Key idea 1 : Judicial review — The Constitution is the fundamental law. Parliament cannot make a law against it and every act of the executive must fit it; otherwise the court strikes it down.
Key idea 2 : Judicial activism — Earlier courts settled disputes only when approached; now they are more active in achieving the constitutional goals of justice and equality. They have protected women, tribals, workers, farmers and children.
Key idea 3 : Public Interest Litigation (PIL) — Citizens, social organisations or NGOs can file a petition on behalf of all on a matter of public importance. The court considers the questions raised and gives its decision.
- Easy : Who strikes down a law against the Constitution? — The court (judicial review).
- Medium : Who can file a PIL? — A citizen, social organisation or NGO.
- Exam-type : Why should candidates give details in an affidavit? — So voters can vote on correct information and the election is more transparent.
In the figure: Judicial review, judicial activism and public interest litigation.
In its order of 2 May 2002 the Supreme Court said that candidates must give details of their criminal background, assets, liabilities and education in an affidavit; voters have a right to know this.
In 1979, after reading a newspaper report on prisoners stuck for years in Bihar’s jails without trial, advocate Pushpa Kapila Hingorani filed a petition. It is regarded as one of the first PILs in India.
On 24 April 1973, in the Kesavananda Bharati case, a 13-judge bench held by 7 to 6 that Parliament can amend the Constitution but cannot alter its ‘basic structure’.
PIL means Public Interest Litigation; it is for public good, not for personal gain.
It is not that only the victim can file a PIL; other citizens or organisations can file it on behalf of all.
Review = checking; activism = initiative; PIL = petition for all. Memory clue: ‘check – initiative – for all’.
Spot the difference
| Concept | Meaning |
|---|---|
| Judicial review | Striking down a law or act against the Constitution |
| Judicial activism | Court’s initiative for justice and equality |
| PIL | A petition for all on a public matter |
Practice questions
- 1What is judicial review?
- 2What is a public interest litigation?
- 3Give the full form of PIL.
- 4What is judicial activism? Give one example.
- 5Why cannot Parliament make a law against the Constitution?
- 6How did the 2002 order benefit voters?
- 7Should courts have the power of review? Write your opinion.
- 8State the difference between a PIL and an ordinary case.
Show answers (try them yourself first)
- 1The court striking down a law or government act that goes against the Constitution.
- 2A petition filed on behalf of all on a matter of public importance.
- 3Public Interest Litigation.
- 4The court taking initiative for justice and equality, e.g. decisions protecting women or children.
- 5Because the Constitution is the fundamental law and all other laws must follow it.
- 6Voters got accurate information about candidates and elections became more transparent.
- 7Yes, because it protects the Constitution; though some hold that courts must keep within limits.
- 8In a PIL the petitioner need not be personally affected, it is for public good; an ordinary case is for one’s own right.
Civil law, criminal law and FIR
A quarrel with the neighbour over a wall boundary and a theft in a shop are both disputes, but their legal routes differ.
Indian law has two main branches: civil law (disputes about a person’s rights) and criminal law (serious crimes). In a criminal matter the first step is to file a First Information Report (FIR) with the police.
Key idea 1 : Civil law — Disputes that affect a person’s rights, e.g. land and property, rent agreements, divorce. After a petition is filed in the right court, the court decides.
Key idea 2 : Criminal law — Serious crimes such as theft, robbery, dowry and murder fall here. If the charges are proved, severe punishment is provided.
Key idea 3 : First Information Report (FIR) — The first record of a crime is made with the police as an FIR. The police investigate and then the case is filed in court.
- Easy : Under which law does a house-rent dispute fall? — Civil law.
- Medium : Under which law does murder fall? — Criminal law.
- Exam-type : What is the first step of a criminal case? — Filing an FIR with the police.
In the figure: Crime, FIR, investigation and the case in court.
What happened before the Lalita Kumari judgment? In Uttar Pradesh the police refused to register an FIR when a minor girl, Lalita, was reported kidnapped. Her father went to the Supreme Court.
What happened after the Lalita Kumari judgment? In 2013 a five-judge bench of the Supreme Court ruled that the police must register an FIR whenever the information shows a cognizable offence.
FIR means First Information Report — the first record of a crime.
Not every dispute is criminal; property, rent and divorce are civil disputes.
Civil = dispute over a right; criminal = serious crime (FIR, police). Memory clue: ‘criminal = police’.
Spot the difference
| Point | Civil | Criminal |
|---|---|---|
| Nature | Dispute over a right | Serious crime |
| Example | Land, rent, divorce | Theft, robbery, murder |
| Beginning | Petition in court | FIR with police |
Practice questions
- 1Which are the two branches of law?
- 2Give one example of civil law.
- 3What is an FIR?
- 4What kinds of offences come under criminal law?
- 5Describe the journey of a criminal case step by step.
- 6State two differences between civil and criminal law.
- 7A bicycle is stolen outside school; which route would you take and why?
- 8What will you do to learn how an FIR is filed? (a visit to a police station with the teacher)
Show answers (try them yourself first)
- 1Civil law and criminal law.
- 2A land or property dispute, rent agreement or divorce — any one.
- 3First Information Report — the first record of a crime made with the police.
- 4Serious crimes such as theft, robbery, dowry and murder.
- 5A crime occurs, an FIR is filed, police investigate, then the case is tried in court.
- 6Civil — disputes over rights, petition in court; criminal — serious crimes, begins with an FIR.
- 7Theft is a criminal offence, so I will file an FIR with the police.
- 8I will visit the nearest police station with my teacher and ask the officers questions.