Lesson 3 : Judiciary

Acquit: This refers to the court declaring that a person is not guilty of the crime
which he or she was tried by the court.

To appeal: This refers to a petition filed before a higher court to hear a case that has already
been decided by a lower court.

Compensation:This refers to money given to make amends for an injury or a loss.

Eviction: This refers to the removal of persons from land / home that they are currently
living in.

Violation: It refers to both the act of breaking a law as well as to the breach or infringement
of fundamental right.

Q1. Describe the work of Judiciary.

1.Dispute resolution: The judicial system provides a mechanism for resolving disputes
between citizens, between citizens and government and between central and state
government.

2.Judicial review: As the final interpreter of the constitution, the judiciary also has the power
to strike down particular laws passed by the parliament if it believes that these are a
violation of basic structure of the constitution. This is also called Judicial Review.

3.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.

Q2. How is judiciary independent in India?

I. This means that other branches of government, i.e- The Legislature and the Executive
cannot interfere in the work of Judiciary. The courts are not under the government and
do not act on their behalf.
II. All judges in the high court as well as the Supreme Court are appointed with very little
interference from other branches of judgement. Once the judge is appointed it is very
difficult to remove them.
III. It is the independence of the judiciary that allows the court to play the central role in
ensuring that there is no misuse of power by the Legislature and the executive.
IV. It also plays a crucial role in protecting the fundamental rights of citizen because
anyone can approach the court if they believe that their rights have been violated.

Q3. What is the structure of courts in India?

1. There are different types of courts in our country at different levels. At the lower level there
are several courts while there is only one at the apex level.
2. The court that most people interact with are called subordinate or district courts. Usually,
they are in the district or the Tehsil level or in towns.
3. Each state has a High Court which is the highest court of the state.
4. At the top is Supreme Court in New Delhi and is presided over by the Chief Justice of India.
5. The decisions made by the Supreme Court binding on all other courts in India.

Q4. What is the difference between Civil Law and Criminal Law?

Civil Law Criminal Law

I. It deals with disputes over money I. It deals with conducts or acts that the
property and social matters. law defines as offences.
II. Eg. Disputes relating to land, rent, II. Eg. Theft, murder, women harassment
marriage dispute etc., etc.,
III. A petition has to be filed before the III. It usually begins with lodging of an FIR
relevant court by the affected parties. (First Information Report) with police
investigation after which a case is filed
in the court.
IV. . Punishment is awarded if proven
IV. Sentences awarded in the form of
guilty, the accused is sent to jail.
money remuneration and as per the
petitioner's claim

Q5. What is PIL?

I. While the courts are available for all, but in reality access to courts had always been
difficult for vast majority because legal procedures involved a lot of money and
paperwork as well as takes up a lot of time. In response to this, the Supreme Court in
India in the early 1980s devised a mechanism of Public Interest Litigation or PIL to
increase the access to justice. It allowed any Individual or organization to file a PIL in high
court or the Supreme Court on behalf of those whose rights were being violated. Even a
letter or email addressed to the Supreme or the High Court could be treated as PIL.

Q6. With reference to the excerpts from judgement on Ollga Tellis vs

In the Ollga Tellis vs Bombay municipal corporation case, the judges meant that
the right to life had a wider meaning. It included the Right to Livelihood. Without
the means of livelihood, none can exist. By livelihood, one earns money to fulfil his
basic needs. Hence no one can be denied livelihood.

In the above case, people living in slums had small jobs. For them, eviction from
slums meant deprivation of their livelihood. Which consequently means
deprivation of life.

*******Total 6 defines & 5 question answers*******