Rajasthan Board RBSE Class 12 Political Science Notes Chapter 22 Judiciary-Composition of Supreme Court, Functions and Judicial Review
Supreme Court:
- The Supreme Court of India is one of the most powerful courts in the world.
- Judiciary is very important for the protection of the rights of all citizens in society.
- The sense of ‘Rule of Law’ is that the same law applies to all rich and poor, man and women.
- The main role of the judiciary is to ensure the rule of law and supremacy of law.
- The judiciary protects the rights of a person, solves disputes in accordance with the law and ensures that the place of democracy is not taken the form of dictatorship by a person or a group.
- The Judiciary should be free from any political pressure.
- To be appointed as a judge, a person should be a lawyer or an expert in law.
- The tenure of the judges is fixed and they remain on the post till retirement. Exceptionally, only in special circumstances, the judges can be removed from their post.
- The tenure of the judges cannot be reduced. Due to the safety of their tenures, the judges can dp their job without fear or discrimination.
- The Judiciary is not financially dependent on the legislature or the executive. According to the constitution, the legislature’s permission is not taken for the salary and allowances of the judges.
- If someone is found guilty of contempt of court then the judiciary has the right to punish him.
- Parliament can discuss the conduct of the judges only if it is considering impeachment motion against them.
Appointment of Judges:
- The President appoints other judges of the Supreme Court and the High Courts with the advice of the Chief justice of India.
- In relation to the appointments of the judges, the actual power is held by the Council of Ministers.
- The Chief justice of the Supreme Court offers some names with the advice of the other four senior judges and from this, the President makes appointments. Thus, the Supreme Court has established “principle of collegium” in relation to the recommendations for appointments .
Removal of Judges:
- A very complex process has been set up to remove judges in the constitution.
- Judges can be removed from their office in case of proven misconduct or incapacity to discharge functions.
- A special majority of the parliament is necessary on charges against the judges.
- The executive has an important role in the appointment of judges and the legislative has the power to remove them.
Structure of Judiciary:
- The structure of judiciary in India is like a pyramid, in which at the top is the Supreme Court, then the High Courts and the lowest are the District and Subordinate courts. The lower courts work under the supervision of the court above them.Jurisdiction of the Supreme Court
- Fundamental jurisdiction means that the Supreme Court can directly hear the cases of some law suits. In such cases, hearing in the first lower courts is not necessary.
- The issues related to federal relations directly go to the Supreme Court.
- On the violation of fundamental rights, any person can go straight to the Supreme Court to get justice.
- The Supreme Court can give special order in the form of a writ. The High Courts can also issue writ.
- The person whose fundamental rights have been violated has the option to go to the High Court or the Supreme Court. Through these writs, the court can order the executive to do or not to do anything.
- Any person can appeal in the Supreme Court against the decision of the High Court.
- The Supreme Court is the highest court of appeal.
- If the lower court has sentenced a person to death in a criminal case, then an appeal can be made to the High Court or the Supreme Court.
- Appellate Jurisdiction means that the. Supreme Court will reconsider the entire case and re-examine its legal issues.
- If the court thinks that the law or the constitution has a different meaning from what the lower court has understood, then the Supreme Court can change its decisions and can also provide a new interpretation of those provisions.
- The High Court also has appellate jurisdiction against the judgement of the lower courts.The President of India can refer any subject related to the public importance or interpretation of constitution, to the Supreme Court for advice.
- The main means of judicial activism in India is Public Interest Litigation (PIL’s)
- The basis of Democratic governance is that each part of government respects each other’s powers and jurisdiction.
Judiciary and Rights:
- The judiciary has been entrusted with the responsibility of protecting the rights of a person.
- In Article 13, the Supreme Court declares any law to be non-constitutional and prevents it from being implemented. ,
- Under Article 226, the High Court has the power to issue a writ.
Judiciary and Parliament:
- Parliament is supreme in making laws and amending constitution. The executive is supreme in implementing them and the judiciary in solving disputes and ensuring that the laws made are in accordance with the constitution. ‘
- Through the medium of many decisions, the judiciary has given new interpretation of the constitution and has protected the rights of the citizens.
Conclusion:
- Democracy is based on a very sensitive balance between the legislature and the judiciary.
Important Dates and Related Events:
RBSE Class 12 Political Science Notes Chapter 22 Important Terms
- Judiciary : According to the law, the institution providing justice is called judiciary.
- Supreme Court : According to the Indian law, the Supreme institution of Justice/ theSupreme institution of the Indian Judiciary. ,
- Democracy : Democracy is the form of governance in which the power of governance resides with the public itself and people use it directly or indirectly.
- Legislative : A law-building institution. Its members are elected by the public. It works as a public representative. Our national legislature is called Parliament.
- Executive : The executive is the part of the government that implements the laws created by the legislature.
- Parliament: In India, the central administrator (National legislature) is called the Parliament. It has two houses :
- The Lok Sabha,
- The Rajya Sabha.
- Collegium System : A process of appointment of Judges of Supreme and the High Courts. Under this, the President appoints judges with the advice of the Chief Justice of the Supreme Court and the four senior-most judges.
- Independent Judiciary : A system in which the judiciary is not controlled by the legislature and executive and they cannot interfere with its functioning.
- Leader of the Opposition : Leader of the party/ parties with less number of members than the ruling party in the Lok
- Sabha/ Rajya Sabha, who has been recognized by the speaker/ Chairman as the leader of opposition.
- Pyramid : In the Egyptian civilization, these types of buildings were made to protect the dead bodies, which were very broad at the base and narrow at the top. They were known as the pyramid. The judiciary structure of our country is like a pyramid, In which at the top is the Supreme Court, then the High Courts and at the bottom are the large number of District and Subordinate Courts,
- District Court: The court working at the district level hear the cases filed in the district.
- Subordinate Courts : They are lower level working courts at the district level. They consider cases of civil and criminal nature.
- Criminal Cases : Cases related to fighting, robbery, assault, murder, dowry etc. are called criminal cases.
- Civil Cases : Matters related to property, money, marriage, agreements, or any service related dispute are called civil cases.
- Basic Jurisdiction : The Basic jurisdiction means that the Supreme Court can hear some cases directly. In such cases, trial is not necessary in the first Lower Courts.
- Writ : On the violation of the fundamental rights, the Supreme Court or High Court gives order to the executive to do or not to do anything, is called a writ or article.
- Judicial Activism : When the judiciary issues guidelines against the constitutional acts being done by the legislature or the executive, such proceeding is called Judicial Activism.
- Public Interest Litigation (PIL) : In addition to the victim, the petition filed by the other person keeping in mind the interest of the common man.
- Cooperative Federalism : This is a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately.