Class 8 SST The Judiciary Criminal Justice Notes Summary

The Judiciary

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.

Role of the Judiciary

Courts take decisions on a very large number of issues. Broadly speaking, the work that the judiciary does can be divided into the following:

Dispute Resolution: The judicial system provides a mechanism for resolving disputes between citizens, between citizens and the government, between two state governments and between the centre and state governments.

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 the basic structure of the Constitution. This is called judicial review.

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.

Independent Judiciary

The control that the politician holds over the judge does not allow for the judge to take an independent decision. This lack of independence would force the judge to make all judgments in favour of the politician. Although we often hear of rich and powerful people in India trying to influence the judicial process, the Indian Constitution protects against this kind of situation by providing for the independence of the judiciary.

One aspect of this independence is the ‘separation of powers’. This is a key feature of the Constitution. What this means here is that other branches of the State-like the legislature and the executive – cannot interfere in the work of the judiciary. The courts are not under the government and do not act on their behalf.

For the above separation to work well, it is also crucial that all judges in the High Court as well as the Supreme Court are appointed with very little interference from these other branches of government. Once appointed to this office, it is also very difficult to remove a judge.

It is the independence of the judiciary that allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive. It also plays a crucial role in protecting the Fundamental Rights of citizens because anyone can approach the courts if they believe that their rights have been violated.

Structure of Courts in India

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. These are usually at the district or Tehsil level or in towns and they hear many kinds of cases. Each state is divided into districts that are presided over by a District Judge. Each state has a High Court which is the highest court of that state. At the top is the Supreme Court that is located in New Delhi and is presided over by the Chief Justice of India. The decisions made by the Supreme Court are binding on all other courts in India.

Different Branches of the Legal System

In addition to criminal law, the legal system also deals with civil law cases.

Following table signifies the differences between criminal and civil law.

Access to the Courts

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. The courts play a very significant role in protecting our Fundamental Rights. 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. Legal procedures involve a lot of money and paperwork as well as take up a lot of time. For a poor person who cannot read and whose family depends on a daily wage, the idea of going to court to get justice often seems remote.

For the common person, access to courts is access to justice. The courts exercise a crucial role in interpreting the Fundamental Rights of citizens.

However, there are also court judgments that people believe work against the best interests of the common person. For example, activists who work on issues concerning the right to shelter and housing for the poor believe that the recent judgments on evictions are a far cry from earlier judgments. While recent judgments tend to view the slum dweller as an encroacher in the city, earlier judgments (like the 1985 Olga Tellis vs. Bombay Municipal Corporation) had tried to protect the livelihoods of slum dwellers.

Amend Education Academy The Judiciary

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.

Role of the Judiciary

Courts take decisions on a very large number of issues. Broadly speaking, the work that the judiciary does can be divided into the following:

Dispute Resolution: The judicial system provides a mechanism for resolving disputes between citizens, between citizens and the government, between two state governments and between the centre and state governments.

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 the basic structure of the Constitution. This is called judicial review.

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.

Independent Judiciary

The control that the politician holds over the judge does not allow for the judge to take an independent decision. This lack of independence would force the judge to make all judgments in favour of the politician. Although we often hear of rich and powerful people in India trying to influence the judicial process, the Indian Constitution protects against this kind of situation by providing for the independence of the judiciary.

One aspect of this independence is the ‘separation of powers’. This is a key feature of the Constitution. What this means here is that other branches of the State-like the legislature and the executive – cannot interfere in the work of the judiciary. The courts are not under the government and do not act on their behalf.

For the above separation to work well, it is also crucial that all judges in the High Court as well as the Supreme Court are appointed with very little interference from these other branches of government. Once appointed to this office, it is also very difficult to remove a judge.

It is the independence of the judiciary that allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive. It also plays a crucial role in protecting the Fundamental Rights of citizens because anyone can approach the courts if they believe that their rights have been violated.

Structure of Courts in India

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. These are usually at the district or Tehsil level or in towns and they hear many kinds of cases. Each state is divided into districts that are presided over by a District Judge. Each state has a High Court which is the highest court of that state. At the top is the Supreme Court that is located in New Delhi and is presided over by the Chief Justice of India. The decisions made by the Supreme Court are binding on all other courts in India.

Different Branches of the Legal System

In addition to criminal law, the legal system also deals with civil law cases.

Following table signifies the differences between criminal and civil law.

Access to the Courts

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. The courts play a very significant role in protecting our Fundamental Rights. 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. Legal procedures involve a lot of money and paperwork as well as take up a lot of time. For a poor person who cannot read and whose family depends on a daily wage, the idea of going to court to get justice often seems remote.

For the common person, access to courts is access to justice. The courts exercise a crucial role in interpreting the Fundamental Rights of citizens.

However, there are also court judgments that people believe work against the best interests of the common person. For example, activists who work on issues concerning the right to shelter and housing for the poor believe that the recent judgments on evictions are a far cry from earlier judgments. While recent judgments tend to view the slum dweller as an encroacher in the city, earlier judgments (like the 1985 Olga Tellis vs. Bombay Municipal Corporation) had tried to protect the livelihoods of slum dwellers.

Understanding Our Criminal Justice System

When we see someone violating the law, we immediately think of informing the police. After a person is arrested, it is a court of law that decides whether the accused person is guilty or not. According to the Constitution, every individual charged of a crime has to be given a fair trial.

Role of the Police in Investigating a Crime

One important function of the police is to investigate any complaint about the commission of a crime. An investigation includes recording statements of witnesses and collecting different kinds of evidence. On the basis of the investigation, the police are required to form an opinion. If the police think that the evidence points to the guilt of the accused person, then they file a charge-sheet in the court. It is not the job of the police to decide whether a person is guilty or innocent, that is for the judge to decide.

Everyone is subject to the law of the land. This includes the police. Therefore, police investigations always have to be conducted in accordance with law and with full respect for human rights. The Supreme Court has laid down guidelines that the police must follow at the time of arrest, detention and interrogation. The police are not allowed to torture or beat or shoot anyone during investigation. They cannot inflict any form of punishment on a person even for petty offences.

Article 22 of the Constitution and criminal law guarantee to every arrested person the following Fundamental Rights:

• The Right to be informed at the time of arrest of the offence for which the person is being arrested.

• The Right to be presented before a magistrate within 24 hours of arrest.

• The Right not to be ill treated or tortured during arrest or in custody.

• Confessions made in police custody cannot be used as evidence against the accused.

• A boy under 15 years of age and women cannot be called to the police station only for questioning.

Role of the Public Prosecutor

A criminal offence is regarded as a public wrong. What is meant by this is that it is considered to have been committed not only against the affected victims but against society as a whole.

In court, it is the Public Prosecutor who represents the interests of the State. The role of the Prosecutor begins once the police has conducted the investigation and filed the charge-sheet in the court. He/she has no role to play in the investigation. The Prosecutor must conduct the prosecution on behalf of the State. As an officer of the court, it is his/ her duty to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.

Role of the Judge

The judge is like an umpire in a game and conducts the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the prosecution and the defense. The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law. If the accused is convicted, then the judge pronounces the sentence. He may send the person to jail or impose a fine or both, depending on what the law prescribes.

Meaning of Fair Trial

Article 21 of the Constitution, that guarantees the Right to Life, states that a person’s life or liberty can be taken away only by following a reasonable and just legal procedure. A fair trial ensures that Article 21 of the Constitution is upheld. The Constitution and the law both state that all of the persons should carry out their roles in a proper manner. What this means is that they all need to work to ensure that every citizen, irrespective of their class, caste, gender, religious and ideological backgrounds gets a fair trial when accused. The rule of law which says that everyone is equal before the law would not make much sense if every citizen were not guaranteed a fair trial by the Constitution.

First Information Report (FIR):

It is with the registration of an FIR that the police can begin their investigations into a crime. The law states that it is compulsory for an officer in charge of a police station to register an FIR whenever a person gives information about a cognizable offence. This information can be given to the police either orally or in writing. The FIR usually mentions the date, time and place of the offence, details the basic facts of the offence, including a description of the events. If known, the identity of the accused persons and witnesses is also mentioned. The FIR also states the name and address of the complainant. There is a prescribed form in which the police registers an FIR and it is signed by the complainant. The complainant also has a legal right to get a free copy of the FIR from the police.

Key Terminology

Accused: In the context of this chapter this refers to the person who is tried by a court for a crime.

Cognizable: In the context of this chapter this refers to an offence for which the police may arrest a person without the permission of the court.

Cross-examine: In the context of this chapter this refers to the questioning of a witness who has already been examined by the opposing side in order to determine the veracity of his/her testimony.

Detention: In the context of this chapter this refers to the act of being kept in illegal custody by the police.

Impartial: The act of being fair or just and not favouring one side over another. Offence: Any act that the law defines as a crime.

To be charged of a crime: This refers to the trial judge informing the accused, in writing, of the offence for which he/she will face trial.

Witness: In the context of this chapter this refers to the person who is called upon in court to provide a first-hand account of what he/she has seen, heard or knows.