Our judicial system - class-XII

Liberalism is a political setup founded on ideas of liberty and equality. They support ideas such as free and fair elections, civil rights, independent judiciary, freedom of the press, religion etc.

The main organs of the UN are the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the UN Secretariat. The International Court of Justice (ICJ) is the UN’s main judicial organ. UN Secretariat is the administrative organ of the UN. It supports the other UN bodies administratively.

The governor does not have the power to remove a high court judge. The Constitution provides that a judge can be removed only by an order of the President, based on a motion passed by both houses of parliament.

The International Court of Justice has 15 judges. Each judge is elected to nine-year terms of office by the United Nations General Assembly and the Security Council.

The International Court of Justice consists of 15 judges elected to nine-year terms of office. These judges are elected by the United Nations General Assembly and the Security Council, who vote simultaneously but separately. In order to be elected, a candidate must receive an absolute majority of the votes in both bodies.

Independence of the judiciary means that it is not under the control of the legislature or the executive. The judges do not act on the direction of the government or according to the wishes of the party in power. That is why all modern democracies have courts that are independent of the legislature and the executive. India has achieved this. 

It can take up any dispute:

Under the Constitution of India, the judiciary is a single integrated system of courts for the Union and the States with the Supreme Court at the apex. Our judiciary is independent of the Legislature and Executive. The High Courts, Subordinate Courts and District Courts function under the Supreme Court. The Constitution, various Acts, conventions and precedents of cases are the basis for judicial judgements. The judgement of the Supreme Court is final.

According to Delhi High Court ruling, the Lieutenant Governor has executive powers wider than the discretion which is exercised by a governor of a state.  Delhi High Court has also held that the Lieutenant Governor while exercising such powers and discharging such functions which “any law” requires to be done “in his discretion,” may act on his own judgment without seeking aid and advice of the council of ministers.

In the parliamentary system of India, executive wing of the government is separate from state judiciary. Hence, judges of the courts are not included in the executive wing of the government.

Sources of law are the origins from which particular positive laws derive their authority and coercive force. Such are constitutions, treaties, statutes, usages, and customs.

The law is a system of rules that a society or government develops in order to deal with crime, business agreements, and social relationships. It is binding on the entire land and its people to which it belongs.

Liberty exists only in an ordered state. The state frames law and the sovereign state operate through these laws.

The International Court of Justice (ICJ) is the chief judicial organ of the United Nations (UN). It was founded in June 1945 by the Charter of the United Nations and initiated work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands).

Sources of law are the origins from which particular positive laws derive their authority and coercive force. Such are constitutions, treaties, statutes, usages, and customs.

State list includes the subjects that come under the jurisdiction of state governments.

Death sentence to a person by the High Court who had earlier been acquitted by the Session Court can approach the Supreme Court for the redress of the grievances. Right to Appeal under Article 134 of the Constitution of India states that an appeal shall lie with the Supreme Court Article 134 (1) (a) and (b), of the Constitution.

The judiciary is the system of  ofcourts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes.

Law is a definite rule of behaviour which is backed by the sovereign power of the State. It is a general rule of human conduct in the society which is made and enforced by the government. It also means a uniform rule of conduct which is applicable equally to all people of the State. 

Independence of the judiciary means that it is not under the control of the legislature or the executive. The judges do not act on the direction of the government or according to the wishes of the party in power. That is why all modern democracies have courts that are independent of the legislature and the executive. India has achieved this. 

The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India. It is the highest constitutional court, with the power of constitutional review. It consists of the Chief Justice of India and 30 sanctioned other judges. It has jurisdictions in the three forms: original, appellate and advisory.

The three levels of courts in India are - District (District and Sessions Courts), State (High Courts) and the Supreme Court at the top.

The first information report means an information recorded by a police officer on duty given either by the aggrieved person or any other person to the commission of an alleged offence. On the basis of first information report, the police commence its investigation.

The Gujarat High Court is the High Court of the state of Gujarat. The seat of the court is in Ahmedabad. It was established on 1 May 1960 under the Bombay State Re-organisation Act, 1960 after the state of Gujarat split from Bombay State.

Section 53 of the Indian Penal Code, 1860 prescribes five kinds of Punishments for the crimes committed. These are the death penalty, life imprisonment, rigorous and simple imprisonment, forfeiture of property and fine.

Indian law deals with two types of cases: criminal and civil. Criminal cases deal with a criminal act or offence. Civil cases deal with disputes or quarrels or disagreements between organizations, individuals, or between the two.

The High Court judges are appointed by President with the consultation of Chief Justice of India and Governor of the concerned state. Article 219 specifically provides that every person who is appointed to be a judge of High Court shall before entering upon his office make and subscribe before the Governor of the concerned State or some other person appointed in that behalf by him, an oath or affirmation.

The full form of CAA is Clean Air Act. There are the five major laws related to environmental protection which are 
1) Clean Air Act (CAA)
2) Clean Water Act (CWA)
3)  Safe Drinking Water Act (SDWA)
4) Comprehensive Environmental Response
5) Liability Act.

The Judiciary interprets the Constitution as its final arbiter. It is its duty as mandated by the Constitution, to be its watchdog, by calling for scrutiny any act of the legislature or the executive, who otherwise, are free to enact or implement these, from overstepping bounds set for them by the Constitution. It acts like a guardian in protecting the fundamental rights of the people, as enshrined in the Constitution, from infringement by any organ of the state. It also balances the conflicting exercise of power between the centre and a state or among states, as assigned to them by the Constitution.

"Rule of Law" is the foundation of any democracy. It means no person is above the law. The law applies in the same manner, regardless of a person's status. Every citizen is subjected to the same laws. No person can legally claim any special treatment or privilege just because of he or she happens to be an important person.

The Chief Justice and the other Judges of the Supreme Court are appointed by the President to work till they attain 65 years of age. But if a judge of Supreme court is found guilty of misusing his powers or of acting against the provisions of the constitution, he can be impeached and relieved of his office.

The correct meaning of the rule of law is equality before the law. The term equality before the law means each one must be treated equally by the law and all people are subject to the same laws of justice.

The Supreme Court of India came into being on 28 January 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council which were then at the apex of the Indian court system.

The structure of courts is organized in a hierarchical order. According to this the High Courts are a middle level court. High Courts are the highest courts at the State and Union Territories level. These courts have jurisdiction over a State, a Union Territory or a group of States and Union Territories. The High Courts in India enjoys writ, appellate and revision jurisdiction.

The  Supreme Court of India is situated in  New Delhi. The Supreme Court of
India is the highest judicial forum and final court of appeal under the
Constitution of India. On 28 January 1950, India's Supreme Court
succeeded the Federal Court of India which was established by Government
of India Act 1935 and the Privy Council, which was highest judicial
body in the country during British Era.

The Judges cannot be removed from office by any authority through a normal simple procedure. A judge can be removed by the President only for proved misbehaviour and incapacity. This charge needs to be proved only by a joint address by both Houses of Parliament and supported by a two-third majority of members present and voting.

Two features of Indian Judicial system are:-

• Integrated Judiciary system - The
  Constitution establishes a single integrated judicial system for the
  whole of India. The Supreme Court of India is the highest court of the
  country and below it are the High Courts at the state level.
  
• Independent
  Judiciary system - The Constitution of India makes judiciary truly
  independent. It provides for appointment of judges by the President,
  high qualification for appointment of judges, removal of judges by a
  difficult method of impeachment.
  

The Supreme Court in India has to work according to The Provisions of the Constitution. Article 137 of the Constitution of India lays down provision for power of the Supreme Court to review its own judgments. As per this Article, subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.

The Indian judiciary consists of a Supreme Court for the entire nation, High Courts in the states, District Courts and the courts at local level. India has an integrated judiciary. It means the Supreme Court controls the judicial administration in the country. Its decisions are binding on all other courts of the country.

Judiciary
is one of three branches of modern governments In some governments the
principle of judicial supremacy is recognised in theory as well as in
practice It is because the judiciary is impartial and superior to other branches of the government as it interprets the Constitution.

Article 32 of the constitution empowers the Supreme Court and the High Court to issue following writs:

The Indian judiciary consists of a Supreme Court for the entire nation, High Courts in the states, District Courts and the courts at local level. India has an integrated judiciary. It means the Supreme Court controls the judicial administration in the country. Its decisions are binding on all other courts of the country.

Family law is a part of civil law. Family laws focus on family-related issues. Attorneys can represent their client in family court. Family laws are related to child custody, divorce, right on the paternal property.

There are three different levels of courts in our country. There are several courts at the lower level while there is only one at the apex level. The courts that most people interact with are what are called subordinate or district courts. The apex court in India is the Supreme Court.

The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India. Consisting of the Chief Justice of India and 30 other judges, it has extensive powers in the form of original, appellate and advisory jurisdictions.

In principle, all citizens of India can access the courts in this country. This implies that every citizen has a right to justice through the courts. If any citizen believes that their rights are being violated, then they can approach the court for justice to be done. 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.

The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice. It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated. The legal process was greatly simplified and even a letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL. 

The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice. It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated. The legal process was greatly simplified and even a letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL. 

In April 2001, the People’s Union for Civil Liberties (PUCL) initiated the public interest litigation (Civil) No. 196/2001, People’s Union for Civil Liberties v. Union of India & Others – popularly known as the "right to food" case. The PUCL argued that Article 21 – "right to life" of the Indian Constitution when read together with Articles 39(a) and 47, makes the right to food a derived fundamental right which is enforceable by virtue of the constitutional remedy provided under Article 32 of the constitution. The PUCL argued that excess food stocks with the Food Corporation of India should be fed to hungry citizens. This included providing mid-day meals in primary schools. The scheme came into force with the supreme court order dated 28 November 2001, which required all government and government-assisted primary schools to provide cooked midday meals.

The right to food, and its variations, is a human right protecting the right for people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity and malnutrition.

Lok Adalats enable the people to settle their disputes speedily and in an efficient and enduring way. Since a decision of the Lok Adalat is based upon the consent of both the parties to the dispute, no appeal can be made by any party after the Lok Adalat has settled the dispute. The parties to the dispute also gain as the aggrieved party gets compensated and the other party gets relief from the botherations and delays that always characterize the judicial process.

In India we have the rule of law. Laws are applied equally to all persons and that a certain set of fixed procedures need to be followed when a law is violated. To enforce this rule of law, we have a judicial system that consists of the mechanism of courts that a citizen can approach when a law is violated. As an organ of the State, the judiciary plays a crucial role in the functioning of India’s democracy. It can play this role only because it is independent.

Hakim Sheikh, an agricultural labourer fell from a running train and injured himself and whose condition got worse because several hospitals refused to admit him. On hearing his case, the Supreme Court ruled that Article 21 which provides every citizen the Fundamental Right to Life also includes the Right to Health. It, therefore, directed the West Bengal government to pay him compensation for the loss suffered as well as to come up with a blueprint for primary health care with particular reference to treatment of patients during an emergency.

The Supreme Court have the power to interpret the Constitution, and the
powers of different levels of the government. The Supreme court acts as
an umpire in case of disputes arising between different levels of the
government in the exercise of their respective powers of dual
objectives. If there is any disputes between the Centre and the State
government, Supreme Court plays very important role as middle man to
resolve that disputes.

Something, typically money, awarded to someone in recognition of loss, suffering, or injury.

Independence of the judiciary implies that the courts are free from the influence of the legislature, the executive, and political parties, ensuring impartial justice.

PIL stands for Public Interest Litigation, which is a legal action initiated in a court of law for the protection of public interest.

Indian Penal Code forms the backbone of Indian criminal laws. It covers all substantive aspects of criminal law. This code was drafted in 1860 on the recommendations of first law commission of India. It extends to the whole of India except Jammu and Kashmir.

Among the following options, Sharia is an Islamic law based on the teachings of the Koran and the traditions of the Prophet prescribing both religious and secular duties and sometimes retributive penalties for lawbreaking. 

In law, a joinder is the joining of two or more legal issues together. Procedurally, a joinder allows multiple issues to be heard in one hearing or trial and is done when the issues or parties involved overlap sufficiently to make the process more efficient or more fair. It helps courts avoid hearing the same facts multiple times or seeing the same parties return to court separately for each of their legal disputes. The term is also used in the realm of contracts to describe the joining of new parties to an existing agreement.

The aim of the civil law is to uphold the rights of an individual and to compensate him. Civil law handles the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. Criminal law deals with crime and the legal punishment for criminal offenses.

Criminal Law is the branch of law that deals with conduct that is considered harmful to social order. It is a body of law that relates to crime and it usually addresses disorderly situations like threatening or endangering the property, health, safety and moral welfare of the people. It is also important to note that unlike in civil law where there is more emphasis on dispute resolution, in Criminal Law there is an emphasis on punishment.

Law is defined as the system of rules created and enforced by social or governmental institutions to regulate behavior.

Religious law refers to ethical and moral codes taught by religious traditions. Examples include Christian Canon law, Islamic Sharia, Jewish Halakha, and Hindu law. Following are the religious law:-

• Sharia
• Halakha
• Canon law

Every country has its own legal system, where there are laws made by the country. Every citizen is required to abide by the law prevailing in one's country. Persons who do not abide by the law and whose behaviour is out of law or illegal are criminals. The rest who follow the law sincerely are known as 'law-abiding citizens'. The nation expects the law-abiding behaviour from the citizens for whose well-being laws are being made.

An independent and powerful judiciary is considered essential for democracies. The Indian judiciary consists of Supreme Court for the entire nation, High Courts in the States, District Courts and the courts at the local level. India has an integrated judiciary. The integrated judiciary system of India instrument that all the courts are interconnected with each other and power enhancement as the level of courts go higher and higher. It means the Supreme Court controls the judicial administration in the country. Its decision is binding on all other courts of the country.

For every district or one or more districts together taking into account the number of cases, population distribution in the district there is a District Court. They administer justice in India at a district level. The district court exercises jurisdiction both in civil and criminal matters arising in the district. While dealing in criminal cases it acts as a session court.

The National Judicial Academy is situated in Bhopal, Madhya Pradesh is an Indian Government funded training institute primarily for judicial officers. N.R. Madhava Menon was its founding director. The institute was registered on 17th August 1993 under the Societies Registration Act of 1860.

Article 257 of the Constitution of India says that the executive power of every State shall be exercised as not to impede or prejudice the exercise of the executive power of the Union. It also states that the executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance.

The Judiciary in India is single, integrated, independent and hierarchical. It can be divided into three categories. The apex court in the nation is the Supreme Court and below it are High Courts in the States. The high court is the apex court in the state judicial system. Below high court are lower court under its subordination at district and division level.

The Supreme Court is the Apex court of the Nation. The Constitution has made the supreme court the guardian and enforcer of the Fundamental Rights. The Supreme court is primarily a court of appeal and hears appeals against the judgment of High Court in Constitutional, Civil and Criminal Cases. 

The Supreme Court of India came into existence on 26 January 1950. It has not only succeeded in the Federal Court of India but also the British Privy Council. It is the highest Court of the Country and the last resort for solving the disputes. It is primarily a court of appeal but also has original jurisdiction in certain matters.

Article 130 of the Constitution of India declares Delhi as the seat of the Supreme Court but it also authorises the Chief Justice of India with the approval of the President to appoint other place or places as the seat of the Supreme court. This provision is not mandatory.

The Regulating Act, 1773 in British India provided for the establishment of Supreme court of Judicature at Fort Williams, Calcutta with one Chief Justice and three other Judges.

The legal system is the skeleton of any Country. The sources of laws in India are numerous. Foremostly, the constitution which is the supreme law of the land and which paves way for other laws to be made. Parliament enacts legislation on a particular subject matter and so do State legislature which prevails in form of law. Customary practices which are old and accepted by people and is in force since time immemorial become usage which is recognized by law. The case decided by courts (superior courts) mostly on the points when there is the absence of any express law acquires the form of law as precedents in the country. 

The Judiciary in India is single, integrated and independent. Article 50 of the Constitution of India provides for the separation of judiciary from the executive. To maintain the independence of the Supreme Court article constitution prohibits the retired judges to plead or act in any court or before any authority within the territory of India.

Under the Constitution of India, there is a single integrated and independent judicial system. The Apex court of the Nation is the Supreme Court. There are however different courts in states. High Court is the highest court in the state judicial system. Below it is subordinate courts of civil and criminal matters.  The higher courts in the hierarchy have the power of hearing an appeal from the lower court and it can go until it reaches the Supreme Court whose decision will be final and binding. Unlike in the United States, India has NOT provided for a double system of courts.

Regarding the language used in the Supreme Court and the High Court and for the Acts and Bills the provision is given under Article 348 wherein it prescribes English language.

The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Parliament. Removal motion is signed by 100 members in case of Lok Sabha and 50 members in case of Rajya Sabha and is to be given to the speaker/chairman if admitted a three-member committee is constituted by the speaker/ chairman to investigate into the charges. If the committee finds a judge to be guilty the house can take up the consideration of the motion and after the motion is passed by each house of Parliament by special majority the President passes an order removing the judge.

The rule-making power of the Supreme Court is subject to laws made by Parliament (Article 145). The Reason (R) is a true statement about the importance of an independent judiciary, but it does not explain why the rule-making power is limited.

According to article 120 of the Indian constitution, the business of the parliament is to be transacted either in Hindi or in English. However, if any member is unable to express himself either in English or in Hindi, the speaker of the Lok Sabha or the Chairman of the Rajya Sabha can permit him to address the house in his mother tongue.

In Kihota Hollohan v. Zachillhu (1992), the Supreme Court held that judicial review is a basic feature of the Constitution.

The independence of the judiciary is ensured by security of tenure, fixed service conditions, and the prohibition of practice after retirement. A single judiciary is a structural feature, not a primary method of ensuring independence.

Special Deputy Collector v. N. Vasudeva Rao is the case where the Supreme Court emphasized that High Courts must follow the law laid down by the Apex Court.

Article 126 of the Indian constitution provides the facility for the appointment of an acting Chief Justice of India.

Independence is compromised when the executive influences the selection of judges, particularly if they are chosen based on political loyalty rather than merit.

India has never had a female Chief Justice of the Supreme Court. Justice Fathima Beevi was the first female judge of the Supreme Court.

A unanimous opinion is not required for the Supreme Court to declare a law null and void; a majority decision is sufficient.

Rameshwar Das Agarwal v. Kiran Agrawal is the case that clarified that the power exercised by the Chief Justice under Article 136 is judicial in nature.

Section 10 of the MRTP Act,1969 empowers the MRTP Commission to enquire into monopolistic or restrictive trade practices upon a reference from the Central Government or upon its knowledge or on the information. The Commission shall, for any inquiry under the Act, have the same powers as are vested in a civil court under the Civil Procedure Code while trying a suit, in respect of certain matters. Hence, Option A is correct. The rest of the courts are vested with more power, hence, incorrect. 

The Federal Court of India was a judicial body, established in India in 1937 under the provisions of the Government of India Act 1935, with original, appellate and advisory jurisdiction. It functioned until 1950, when the Supreme Court of India was established. The seat of the Federal Court was at Delhi.

Actus reus is a Latin word which is translated as "guilty act". Actus reus is commonly defined as a criminal act that was the result of voluntary bodily movement. This describes a physical activity that harms another person or damages property.

Among the following Halakha is a law that pertains to Jewish people. A more literal translation might be "the path that one walks. It includes set of rules and regulations one has to follow among the Jews.

Epistolary jurisdiction means the power of court i.e., the Supreme Court to convert any letter addressed to it by anybody into a writ and hear the matter. This concept gave rise to the Public Interest Litigation when the judicial activism came into prominence in India during the second half of the 20th Century. It can be said to be a judicial innovation.

Focus on Justice is the decision criteria consistent with imposing and enforcing rules fairly and impartially. Justice and fairness are closely related terms that often today used interchangeably. The principles of justice and fairness can be thought of as rules of fair play for issues of social justice. If justice principles are applied effectively, organisation and societies tend to be more stable and its members feel satisfied and secure.

The Patwari is responsible for organising the collection of land revenues from the farmers and providing detailed information to the government about the crops grown in that area. This is done by maintaining the records on a daily basis. That's why it is important for a Patwari to regularly update the land record.