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.
