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JUDICIARY
Chapter 5
INTRODUCTION
 In a democracy like India the country is run by the rule of law.
 Law is a system of rules usually imposed...
INTRODUCTION
 How is the guilt of the person established?
 Who establishes the guilt of the person?
 Through whom and h...
INTRODUCTION
 How is the guilt of the person established?
 Who establishes the guilt of the person?
 Through whom and h...
Indian
Democracy
The Rule of Law
Law
System of Rules that
govern the people
Law enforcement
Through courts
and judges
THE ROLE OF JUDICIARY
 The role of Judiciary is to administer justice to all ciizens,on behalf
of the government.
 The J...
Judiciary
Dispute
Resolution
Judicial
Review
Upholding the law
and enforcing the
Fundamental Rights
THE ROLE OF JUDICIARY
 Now let us look at these categories a more deeply.
 The judicial system provides a mechanism for ...
JUDICIAL REVIEW
 The Judiciary also has the power to veto laws passed by the
Parliament if it believes that the law is vi...
UPHOLDING THE LAW AND ENFORCING THE
FUNDAMENTAL RIGHTS
 Mr. Hakeem’s case
 The Judiciary has the power to pass laws if i...
UPHOLDING THE LAW AND ENFORCING THE
FUNDAMENTAL RIGHTS
 The Judiciary system that is followed in India is based on the Br...
INDEPENDENT JUDICIARY
 The Judiciary of India is an independent body
 It is separate from Legislative and Executive bodi...
ADVANTAGES OF AN INDEPENDENT JUDICIARY
 It is the independence of the Judiciary that allows the courts to
play a central ...
STRUCTURE OF COURTS IN INDIA
 Indian Judiciary:
1. The Judicial system of India is stratified into various levels.
2. At ...
Suprem
e Court
High Courts
District Courts
Lok Adalats
Central Level
State Level
District Level
Village or
Panchayat Level
THE SUPREME COURT OF INDIA
 Highest Judicial body in India and is situated in New Delhi
 Came into power on 28th Jan 195...
HIGH COURT OF INDIA
 There are High Courts in almost all the States and Union Territory
of India.
 The High Courts work ...
Calcutta High Court
DISTRICT COURTS IN INDIA
 District Courts in India take care of judicial matters at the District
level.
 These courts ar...
LOK ADALATS
 Lok Adalats are the Courts which have been organized by High
Courts Legal Services Committee or District Leg...
DIFFERENT BRANCHES OF THE LEGAL SYSTEM
 Two branches of Legal system
CRIMINAL LAW CIVIL LAW
CRIMINAL LAW
 Criminal law deals with cases like theft, harassing a woman for
dowry and murder.
 The procedure of a crim...
CIVIL LAW
 Civil Law deals with cases where harm or injury is caused to rights
of individuals like disputes relating to c...
STUMBLING BLOCKS IN SEEKING JUSTICE
 Access to Courts has always been difficult for a vast majority of the
poor in India....
PIL
 “Litigation is the act or process of bringing or contesting a lawsuit.”
 PIL is a litigation filed in the court of ...
PEOPLE WHO CAN FILE A PIL
 Any individual or organization can file a PIL in the High Court or
Supreme Court on behalf of ...
ACCESS TO THE COURTS
 Another issue that affects the common person’s access to justice is
the inordinately long number of...
CONCLUSION
 Judiciary has played a crucial role in democratic India, serving as a
check on the powers of the Executive an...
Judiciary
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Judiciary

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Judiciary

  1. 1. JUDICIARY Chapter 5
  2. 2. INTRODUCTION  In a democracy like India the country is run by the rule of law.  Law is a system of rules usually imposed through a govt or institution and is applied to govern a group of people.  It shapes politics, economics and society in a numerous ways.  All laws apply equally to all the citizens of the country and no one can be above the law.  Any crime or violation of law has a specific punishment as well as a process through which the guilt of the person has to be established.
  3. 3. INTRODUCTION  How is the guilt of the person established?  Who establishes the guilt of the person?  Through whom and how is justice administered?  In law the judiciary or the judicial system is the system of courts which administers justice in the name of the state.  It is the mechanism for the resolution of disputes and pronouncement of punishment.  As an organ of the state, the judiciary plays a crucial role in the functioning of India’s democracy.  The most important factor is that the judiciary is independent.
  4. 4. INTRODUCTION  How is the guilt of the person established?  Who establishes the guilt of the person?  Through whom and how is justice administered?  In law the judiciary or the judicial system is the system of courts which administers justice in the name of the state.  It is the mechanism for the resolution of disputes and pronouncement of punishment.  As an organ of the state, the judiciary plays a crucial role in the functioning of India’s democracy.  The most important factor is that the judiciary is independent.
  5. 5. Indian Democracy The Rule of Law Law System of Rules that govern the people Law enforcement Through courts and judges
  6. 6. THE ROLE OF JUDICIARY  The role of Judiciary is to administer justice to all ciizens,on behalf of the government.  The Judiciary comprises of courts that takes decisions on a very large number of issues.
  7. 7. Judiciary Dispute Resolution Judicial Review Upholding the law and enforcing the Fundamental Rights
  8. 8. THE ROLE OF JUDICIARY  Now let us look at these categories a more deeply.  The judicial system provides a mechanism for resolving disputes between Dispute Resolution Citizens Citizens and government Two state government s The centre and state governments
  9. 9. JUDICIAL REVIEW  The Judiciary also has the power to veto laws passed by the Parliament if it believes that the law is violating the basic structure of the Constitution.
  10. 10. UPHOLDING THE LAW AND ENFORCING THE FUNDAMENTAL RIGHTS  Mr. Hakeem’s case  The Judiciary has the power to pass laws if it feels that the Fundamental Rights of a citizen or state is in question.  The Judiciary can pass a law stating that no teacher can beat a student.  It can ensure sharing of river waters between states.  It can also punish people for particular crimes.  The Judiciary of India takes care of maintenance of law and order in the country along with solving problems related to civil and criminal offenses.
  11. 11. UPHOLDING THE LAW AND ENFORCING THE FUNDAMENTAL RIGHTS  The Judiciary system that is followed in India is based on the British Legal system that was prevalent in the country during pre independence era. Very few amendments have been made in the judicial system of the country.
  12. 12. INDEPENDENT JUDICIARY  The Judiciary of India is an independent body  It is separate from Legislative and Executive bodies of the Indian govt.  The Legislative and Executive, that is the Central and State govt, cannot interfere in the work of Judiciary.  The courts are not under the government and don't act on their behalf.  Judges in the High Court as well as Supreme Court are appointed with very little interference from the branches of the govt.  It is also very difficult to remove a judge from his/her post.
  13. 13. ADVANTAGES OF AN INDEPENDENT JUDICIARY  It is the independence of the Judiciary that allows the courts to play a central role in ensuring that there is no misuse of power by the legislative and executive.  It also plays a crucial role in protecting the Fundamental Rights of a citizen because anyone can approach a court if they believe that there Rights are violated.  Politicians cannot use their power to change any judgement.
  14. 14. STRUCTURE OF COURTS IN INDIA  Indian Judiciary: 1. The Judicial system of India is stratified into various levels. 2. At the apex is the Supreme Court, which is followed by High Court at the State Level, District Courts at the District Level and Lok Adalats at the Village and Panchayat Level. 3.
  15. 15. Suprem e Court High Courts District Courts Lok Adalats Central Level State Level District Level Village or Panchayat Level
  16. 16. THE SUPREME COURT OF INDIA  Highest Judicial body in India and is situated in New Delhi  Came into power on 28th Jan 1950 just 2 days after Constitution came into effect.  The Chie Justice of India and 25 other judges make up the Supreme Court of India. The appointments are done directly by the President of India.  The biggest responsibility is that it is the highest court of appeal and is also the protector of the Constitution in the country
  17. 17. HIGH COURT OF INDIA  There are High Courts in almost all the States and Union Territory of India.  The High Courts work under the Supreme Court in the country.  These Courts decide on both Civil and Criminal Cases.  Most of the cases that are handled by the High Courts of the country are passed on from the District or lower courts.  The judges of the High Court are appointed by the President of India consultation with the Chief Justice of India and the Governor of the state.  The Calcutta High Court estd in 1862 is the oldest court in India. 
  18. 18. Calcutta High Court
  19. 19. DISTRICT COURTS IN INDIA  District Courts in India take care of judicial matters at the District level.  These courts are headed by a judge.  They are administratively and judicially controlled by the High Courts of their States.  There are many secondary courts which work under the District Courts.
  20. 20. LOK ADALATS  Lok Adalats are the Courts which have been organized by High Courts Legal Services Committee or District Legal Services Authority or Taluk Legal Services Committee for the purpose of amicably setting a dispute between two parties by way of compromise.  In India Judicial system is an integrated system. The decisions made by the High Courts are binding on the Lower Courts.  The Judiciary system can also be called the appellate system.  This means that a person can appeal to a higher court if they believe that the judgment made by the higher court is not just.
  21. 21. DIFFERENT BRANCHES OF THE LEGAL SYSTEM  Two branches of Legal system CRIMINAL LAW CIVIL LAW
  22. 22. CRIMINAL LAW  Criminal law deals with cases like theft, harassing a woman for dowry and murder.  The procedure of a criminal case starts with lodging of the FIR followed by Police investigation and filing the case in court.  After the trail in court, the accused can be sent to jail, sentenced to be hanged or fined.
  23. 23. CIVIL LAW  Civil Law deals with cases where harm or injury is caused to rights of individuals like disputes relating to case of land, purchase of goods, rent matters and divorce cases.  The procedure of Civil cases starts with the filling up a petition in the relevant court by the affected party only.  In a case between a land lord and a tenant the court can order the flat to be vacated and pending rent to be paid.  All citizens of India have access to the courts in the country.  Every citizen has the right to justice through the courts.  The Courts play a major role in protecting the Fundamental Rights of a ciizen.
  24. 24. STUMBLING BLOCKS IN SEEKING JUSTICE  Access to Courts has always been difficult for a vast majority of the poor in India. Legal procedure involve a lot of money and time in India.  For the poor who are illiterate and financially weak going to court to get justice in remote.  In the 1980s Supreme Court devised a mechanism of public interest litigation PI to increase access to justice for the poor and illiterate.
  25. 25. PIL  “Litigation is the act or process of bringing or contesting a lawsuit.”  PIL is a litigation filed in the court of law, for the protection of public interest such as pollution, terrorism, road safety, construction hazards etc.  Areas where PIL can be filed are violation of the basic human rights, content or conduct of government policy, compel municipal authority to perform a public duty, violation of religious rights or other basic fundamental rights.
  26. 26. PEOPLE WHO CAN FILE A PIL  Any individual or organization can file a PIL in the High Court or Supreme Court on behalf of those whose rights are being violated.  It is not necessary that a person filing the case should have a direct interest in the case.  The mid day meal that children now receive in govt schools and govt aided schools is because of a PIL.  For the common person, access to courts is access to justice.  The courts exercise a crucial role in interpreting the Fundamental Rights of citizens.  There are court judgments that work against the best interests of the common man.
  27. 27. ACCESS TO THE COURTS  Another issue that affects the common person’s access to justice is the inordinately long number of years that courts take to hear a case.  The phrase, ‘justice delayed is justice denied’ is often used to characterize this extended time period that court takes.
  28. 28. CONCLUSION  Judiciary has played a crucial role in democratic India, serving as a check on the powers of the Executive and the legislature as well in protecting the Fundamental Rights of citizens. 

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