1. Introduction to the Judiciary
India needs a system that protects laws, settles disputes, and ensures everyone is treated fairly.
This system is called the Judiciary.
The judiciary acts like the guardian of justice. It protects people’s Fundamental Rights, checks the power of the government, and makes sure everyone follows the Constitution.
India has a single, unified judicial system, which means all courts follow the same laws and are connected like steps of a ladder.
2. Role of the Judiciary
The judiciary plays many important roles to keep India fair and democratic:
2.1 Dispute Resolution
Courts help settle:
- Disputes between two people
- Disputes between citizens and the government
- Disputes between different state governments
- Disputes between the Central and State Governments
This prevents people from fighting on their own and keeps society peaceful.
2.2 Judicial Review
The judiciary checks whether laws made by Parliament follow the Constitution.
This power is called Judicial Review.
If any law violates the Constitution, the courts can:
- Cancel it
- Stop its misuse
This protects the Constitution and keeps the government within limits.
2.3 Protecting Fundamental Rights
If any person feels their Fundamental Rights are violated, they can go to:
- High Court, or
- Supreme Court
Courts ensure:
- No one misuses power
- Every citizen is protected
- Justice is delivered to all
3. Independent Judiciary
India has an independent judiciary, meaning courts work separately from the government.
Why is independence important?
3.1 No Interference
Courts make decisions based only on:
- Law
- Evidence
No politician or government officer can influence the judgment.
3.2 Balance of Power
An independent judiciary keeps a check on:
- The Legislature (makes laws)
- The Executive (implements laws)
This avoids misuse of power.
3.3 Protecting Rights
Independent courts protect the rights of even the weakest person.
They ensure that justice is fair and fearless.
4. Structure of Courts in India (Three Levels)
India’s courts are arranged in a hierarchy:
4.1 District Courts (Subordinate Courts)
These are the lower courts, found in each district.
They handle:
- Civil cases (property, money, family)
- Criminal cases (theft, murder, etc.)
Types of Civil Courts:
- Court of Munsif
- Court of Civil Judge
- Court of District Judge (highest civil court)
Types of Criminal Courts:
- Second-Class Judicial Magistrate
- First-Class Judicial Magistrate
- Chief Judicial Magistrate
- Sessions Judge (highest criminal court)
4.2 High Courts
- Highest court in each state
- Some states share a High Court (example: Punjab & Haryana)
Powers of High Courts:
- Original Jurisdiction – can hear cases directly
- Appellate Jurisdiction – can hear appeals from district courts
- Court of Record – records judgments
- Supervisory Jurisdiction – supervises lower courts
4.3 Supreme Court of India
The Supreme Court is the Apex Court (topmost).
Located in New Delhi.
Powers of the Supreme Court
i. Original Jurisdiction
Supreme Court hears cases directly when:
- There is a dispute between Centre and State
- Dispute between two states
- Fundamental Rights are violated
- Constitution is involved
This helps the Court protect and defend the Constitution.
ii. Appellate Jurisdiction
People can appeal to the Supreme Court if not satisfied with High Court’s judgment.
iii. Advisory Jurisdiction
The President of India may ask for the Court’s advice on important legal matters.
iv. Judicial Review
Supreme Court checks if laws follow the Constitution.
v. Public Interest Litigation (PIL)
Anyone can file a PIL to help others whose rights have been violated.
vi. Court of Record
The Supreme Court:
- Records its judgments
- Uses them as future guidance
- Can punish for contempt of court (disrespecting the court)
5. Branches of the Legal System
| Branch | What It Deals With | Purpose |
|---|---|---|
| Criminal Law | Crimes like murder, theft | Punish criminals and prevent crime |
| Civil Law | Property, money, family issues | Give compensation and solve disputes |
| Constitutional Law | Constitution and rights | Protect principles of democracy |
| Administrative Law | Rules of government offices | Ensure fairness in government work |
| Family Law | Marriage, divorce, custody | Solve family matters |
| Commercial Law | Business deals | Protect business transactions |
| Labour Law | Wages, job rights | Protect workers |
6. Access to Courts
In India, all citizens can go to court. But:
- Lawyer fees
- Long paperwork
- Slow court processes
can make it difficult for poor people.
To solve this, the Supreme Court created Public Interest Litigation (PIL):
- Anyone can file a PIL for people who cannot afford to go to court
- Helps protect the rights of poor and marginalized groups
Although cases sometimes take long (“justice delayed is justice denied”), the judiciary remains essential for:
- Protecting democracy
- Stopping misuse of power
- Ensuring justice for everyone
7. Glossary (Easy Meanings)
- Pluralistic: A society where all kinds of people live together and participate equally.
- Jurisdiction: Power of a court to hear cases.
- Appellate: Related to appeals.
- Jurist: Expert in law.
- Hierarchy: Levels of authority.
- Writ: Court order.
- Circumstantial evidence: Indirect proof when no direct witness is present.









