The document discusses the judiciary system in India. It begins by defining the judiciary as the system of courts and judges in a country. It then discusses the role of the judiciary in dispute resolution, judicial review, and upholding fundamental rights. The structure of courts in India is also summarized, including the Supreme Court, high courts, and subordinate courts. The appellate system which allows appealing decisions of lower courts to higher courts is also briefly described.

1. JUDICIARY
the Indian government functions with the help of these three branches
– Legislature, Executive, and Judiciary.

2. JUDICIARY
Legislature:
•The Indian Parliament, consisting of the Lok Sabha (House of the People) and
the Rajya Sabha (Council of States), forms the legislative branch.
•Members of Parliament (MPs) represent the people and are responsible for
making and enacting laws.
•This is where laws are proposed, debated, and passed. It consists of the Lok
Sabha (House of the People) and the Rajya Sabha (Council of States) in India.
•Elected representatives, including Members of Parliament (MPs), draft and
discuss bills, and when a bill is approved by the majority, it becomes law.

3. JUDICIARY
Executive:
The executive branch in India is headed by the President, who is the ceremonial
head of state, and the Prime Minister, who is the head of government.
•Once a law is passed by the legislature, it becomes part of the legal framework.
•The executive branch, which includes the Prime Minister and the Cabinet, is
responsible for implementing and enforcing these laws.
•The executive branch ensures that the laws are carried out, and they use various
government departments and agencies to enforce the laws effectively.

4. JUDICIARY
What is Judiciary?
The term "judiciary" refers to the entire system of courts and judges in a
country. It encompasses all the courts, from the lowest-level district
courts to the highest-level supreme courts, as well as the judges and
other legal professionals who work within this system.
We have RULE OF LAW
 To ensure this rule of law, we have a
Judicial system that consists of the mechanism
of courts that citizen can approach when a
law is violated/failed.
 Judiciary plays a crucial role of the functioning of India’s democracy.

5. JUDICIARY
Introduction
WHAT WE ARE GOING TO STUDY IN THIS CHAPTER?
 What is the role of the Judiciary?
 What is an independent judiciary?
What is the structure of courts in India?
What are the different branches of legal system?
Does everyone have access to the courts?
 PIL
Olga Tellis v/s Bombay Municipal corporation.

6. JUDICIARY
WHAT IS THE ROLE OF THE JUDICIARY?
Courts take decisions on a very large number of issues.
 Dispute Resolution: The judicial system provides a mechanism for
resolving disputes between citizens, between citizens and the
government, between two state government and between the centre
and state government.
Judicial Review: Judiciary also has the power to strike down particular
laws passed by the parliament if it believe that these are a violation of
the basic structure of the constitution(federalism, secularism, fundamental rights and
democracy.)
 Upholding the Law and Enforcing Fundamental Rights: Every citizen of India can
approach the Supreme Court or the High Court if they believe that their fundamental
rights have been violated/failed.
Ex. Paschim Banga Mazdoor samity v/s State of West Bengal (1996)
The Court stated that denial of timely medical treatment necessary to preserve human
life in government-owned hospitals is a violation of this right.
The Court asked the Government of West Bengal to pay the petitioner compensation for

7. JUDICIARY
WHAT IS THE ROLE OF THE JUDICIARY?
JUDICIAL COMMITTEE OF THE
PRIVY COUNCIL IN LONDON

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WHAT IS AN INDEPENDENT JUDICIARY?
 Impartiality of judge and judiciary is most important.
• Other branches of government- The legislature and the executive-
cannot interfere in the work of the judiciary- The courts are not under
the government and do not act on their behalf.
•To ensure independence of judiciary, judges in the high court as well as
the supreme court are appointed with very little interference from other
branches of government.
•Once appointed to this office, it is also very difficult to remove a judge.
How can we ensure this? By granting independence to it
Separation of power

9. JUDICIARY
WHAT IS AN INDEPENDENT JUDICIARY?
 Advantages of independent judiciary.
• Play a central role in ensuring that there is no misuses of power by
the legislature and the executive.
• it is also plays a crucial role in protecting the fundamental rights of
citizens.

10. JUDICIARY
WHAT IS THE STRUCTURE OF COURTS IN INDIA?
 There are different level of court in our country
Supreme Court (Apex Court)- Delhi Presided by Chief Justice of India
Total No. of court in India- 1, Total judges in – 33 and a Chief justice it should not exceed
34 judges
High Court is the highest court of the each state
Total No. of court in India-25, six having control over more than one State/UT. Total -
1114 (840 permanent remain are additional judges.)
Subordinate court or district court at district or tehsil level or on in two presided by
district judge. (Total No. of court- 672 district court)

11. JUDICIARY
WHAT IS THE STRUCTURE OF COURTS IN INDIA?

•

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WHAT IS THE STRUCTURE OF COURTS IN INDIA?
 High courts were first established in the three presidency cities of Calcutta, Bombay
and Madras in 1862.
The high court of Delhi came up in 1966. Currently there are 25 High courts.
While many states have their own high court, Punjab, and Haryana share a common
high court at CHANDIGARH, and four North Eastern states of Assam, Nagaland,
Mizoram and Arunanchal Pradesh have a common high court at Guwahati.
 Andhra Pradesh and Telengana have separate high courts from 1 January 2019.
 Some High Courts have benches in other parts of the state for greater accessibility.
for example- Seat: Mumbai ,Bench: Panaji, Aurangabad, and Nagpur, Karnataka-
Dharwad and Gulbarga, Guwahati-Kohima,
Aizawl, and Itanagar

13. JUDICIARY
WHAT IS THE STRUCTURE OF COURTS IN INDIA?
Are these different levels of courts connected to each other?
• Yes, they are.
• In India, we have an integrated judicial system, meaning that the decision made by
higher courts are binding on the lower courts.
• another way to understand the integration judicial system through THE APPELLATE
system.
The appellate system is a feature of the Indian judicial system where a
person can appeal to a higher court if they find the decision made by a
lower court unjust/not fair or deserve.
The subordinate court is more commonly known by
many different names. These include the Trial Court or
the court of the district judge, the additional sessions
judge, chief judicial magistrate, metropolitan
magistrate , civil judge.

14. JUDICIARY
WHAT IS THE STRUCTURE OF COURTS IN INDIA?
Story- State Delhi (Administration) vs Laxman Kumar & Ors on 23 ...
APPELLATE SYSTEM

15. JUDICIARY
WHAT IS THE STRUCTURE OF COURTS IN INDIA?
Story- State Delhi (Administration) vs Laxman Kumar & Ors on 23 ...

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WHAT ARE THE DIFFERENT BRANCHES OF THE LEGAL SYSTEM?
legal system
(Big Crimes):
(Small Disputes):
Who's in Charge: Regular people take each other to
court.
Who's in Charge: The government takes bad guys to
court.

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Does Everyone has Access to the Court?
 Yes, Every citizen has a right to justice through the court.
While the courts are available for all, in reality access to courts has
always been difficult for a vast majority of the poor in India.
But in the reality, NO
 Legal procedures involve a lot of money and paperwork as well as take
up a lot of time.
 For a poor person who cannot read and whose family depends on a
daily wage, the idea of going to court to get justice often seems remote.
What did government do to resolve this?