Overview on Judiciary
Aspect |
Description |
Importance |
Safeguards/Measures |
---|---|---|---|
Role of the Judiciary |
The judiciary in India plays a significant part in maintaining the rule of law and ensuring the supremacy of legal standards. Its primary functions include safeguarding individual rights, settling disputes impartially, and preventing the emergence of dictatorship within a democracy. |
Ensures justice, fairness, and adherence to the Constitution. |
– Independence from other branches of government- Adherence to legal principles and due process |
Autonomy of the Judiciary |
The judiciary is independent of the other two organs of the state, namely the Legislature and the Executive. This independence does not imply immunity from accountability, but rather ensures that judges can perform their functions without political pressure. |
Prevents interference in judicial decisions and upholds impartiality. |
– Appointment process without political influence- Security of tenure- Financial independence |
Appointment of Judges |
Judges of the Supreme Court and High Courts are appointed by the President after consultations with relevant authorities, including the Chief Justice of India and other judges. The appointment process aims to maintain the impartiality and integrity of the judiciary. |
Ensures selection based on merit and legal expertise. |
– Consultations with Chief Justice and other judges- Emphasis on legal qualifications and experience |
Security of Tenure |
Judges hold office until they reach the age of retirement, ensuring stability and continuity in the judiciary. The Constitution mandates a difficult process for the removal of judges, providing protection against arbitrary removal and safeguarding judicial independence. |
Protects judges from external pressures and ensures judicial stability. |
– Fixed term until retirement age- Difficult process for removal |
Financial Independence |
The judiciary is not financially dependent on the Executive or Legislature. Salaries and allowances of judges are not subject to government approval, ensuring financial autonomy and safeguarding against potential external influence. |
Prevents financial influence on judicial decisions. |
– Salaries and allowances not subject to government approval- Financial autonomy ensured by Constitution |
Judicial Review |
The judiciary has the power of judicial review, allowing it to examine the constitutionality of laws and government actions. This power ensures that laws and actions comply with the Constitution, protecting fundamental rights and upholding the rule of law. |
Upholds the supremacy of the Constitution and protects individual rights. |
– Ability to strike down unconstitutional laws- Ensures government actions comply with legal standards |
Public Interest Litigation (PIL) |
PIL serves as a vital mechanism for legal activism in India, allowing individuals and organizations to address issues of public interest through the courts. It has expanded the notion of rights and enabled the judiciary to intervene in matters affecting the marginalized and disadvantaged sections of society. |
Enhances access to justice and enables judicial intervention in societal issues. |
– Empowers individuals and organizations to approach courts- Addresses issues affecting marginalized and disadvantaged groups |
Judiciary Chapter 6 Polity Class 11 Notes
Judiciary in India plays a significant part in maintaining the run of the show of law and guaranteeing the matchless quality of legitimate standards. Its essential work incorporates defending personal rights, settling debates unbiasedly, and avoiding the rise of absolutism inside a majority rule system.
CBSE Class 11 Polity Notes are essential for Social Science students, as Polity is a crucial sub-subject that requires properly written answers. Scoring well in Polity is just as important as other subjects.