The Judiciary Online Test 8th Social Science Lesson 22 Questions in English

The Judicial system of a country needs to be efficient in order to ensure proper justice to all the citizens equally. Judiciary plays an important role as an organ of the government.

The Judicial system of a country mainly administers Justice, Settles disputes, interprets laws, protects Fundamental Rights and acts as a Guardian of the constitution.

Law is a system of rules imposed for all citizens of a particular nation. These laws can be executed through a government or an Institution to govern people.

In law, the judicial system or a Judiciary system is the system of courts which administers Justice in the name of the State.

In the Evolution of judiciary systems, ancient Indian concept of justice was linked with religion. The King was regarded as the Head of justice.

In ancient times the Head of Indian Judiciary was the King. Most of the King’s courts dispensed justice according to Dharma which is the righteousness and duty as a set of conventional laws. These laws are concerned for the individual and also for the whole society.

Smiritis of ancient India defines the social duties for the individuals of the society. There are Manusmriti, Naradasmiriti, Yajnavalkya smiriti etc.

The Existence of Kulika Courts among the Vajji’s in ancient India. There was a board of eight Kulika’s for the investigation of Criminal Cases. Appeals were preceded from Kula courts to Gana courts.

The period of Tughlaq saw the compilation of the code of civil procedure. It was called as Fiqha-e- Feroze Shahi. These codes prescribed the details of the procedure and law in several issues.

Fiqha-e-Feroze shahi was set of codes for civil procedure. This was followed till the reign of Aurangazeb when it was replaced by Fatawa-i-Alamgiri written in 1670.

The Indian Judicial system and laws was formed by the British during the colonial rule. The beginning of Indian codified law is traced back under the charter Act of 1726.

The Regulating Act of 1773 made provision for the formation of Supreme Court. A Supreme Court was established for the first time at Fort Williams in Calcutta.

The East India Company established Supreme Court under the charter Act 1773. The First Supreme Court was established in Fort Williams, Calcutta in the year 1774. The Supreme Court in Madras and Bombay were established in the year 1801 and 1824.

The Supreme Courts of India which was established by the East Indian Company were replaced by the High courts at Calcutta, Bombay and Madras in 1862.

Warren hasting established Mofussil Diwani Adalat to resolve Civil Disputes and mofussil fauzdari Adalat to resolve criminal Cases. The Appeal from these courts could be taken to Sadar Diwani Adalat( Civil court of appeal) and Sadar Nizamat Adalat( Criminal court of Appeal).

Lord Cornwallis reorganized the civil and criminal judicial system. He abolished the District Fauzdari court and setup the Circuit courts.

Lord Cornwallis established the Circuit courts at Calcutta, Pune, Dacca, Murshidabad and Patna.

During the period of William Bentinck four circuit courts were abolished. The Calcutta high Court is the oldest high court in the country. The Allahabad high Court is the largest courts where Sadar Diwani Adalat and Sadar Nizamat Adalat were established.

A law commission was setup by Macaulay which codified the Indian Laws. On the basis of this commission, A civil procedure code of 1859, An Indian penal code of 1860, and a Criminal procedure Code 1861 were prepared.

The Government of India Act, 1935 created Federal Court. It was not the highest court as appeals could lie in certain situation to the Privy Council in England.

The Federal Court of India was created by the Government of India Act, 1935. It was not the highest court as appeals could lie in certain situation to the Privy Council in England. The Jurisdiction of Privy Council was abolished by the Abolition of Privy Council Jurisdiction Act, 1949.

The Supreme Court of India is the Highest Judicial Court under the constitution of India; it was established on 28th January 1950.

The Article 124 of Chapter IV of the Indian Constitution states that there shall be a Supreme Court of India consisting of a Chief Justice of India.

The First person who propounded the idea of an independent Judiciary was Montesquieu. He was a French Judge, man of letters and political philosopher.

Montesquieu, the French political Philosopher believed in the theory of separation of powers of the three branches of the Government as Legislature, Executive and Judiciary.

As per the Article 132 of the Indian Constitution an Appeal shall lie to the Supreme Court from any Judgment, decree of final order of a High court in the territory of India if the Hugh court certifies it under the Article 134A.

According to Article 139A of the Indian Constitution, the Supreme court may if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High court to any other High court.

The Supreme Court of India shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

According to the Indian Constitution Articles 214-231 deals with the provisions of High Courts in India. It provides for separate High courts for separate states in India.

The Article 223 of the Indian Constitution appointment of acting chief justice when the office is vacant or when any such chief justice is, by reason of absence or otherwise, unable to perform the duties of his office, this shall be performed by such other Judges of the Court as the President may appoint for the above purposes.

The Supreme Court is at the top hierarchy of precedence in Indian Judiciary. The High courts is followed by the Supreme Court in the respective states. The High court includes District courts and Magistrates of Second class and Civil Division at the bottom.

The Seventh Amendment of the Indian constitution in the year 1956 empowers the Establishment of High courts for more than one or two states in India.

Lok Adalat was set up to provide speedy justice. The cases are solved through mutual consents. The first Lok adalat was held on 1982 at Junagadh of Gujarat.

Lok Adalat was set up to provide speedy justice. It hears and settles the disputes in the language of the people in the public presence. These cases are put forward without advocates. It is presided over by a retired judge with a lawyer.

Fast Track courts were established in the year 2000 with an aim to clear the long pending sessions and other lower judicial cases.

To provide legal aid and service to the people in rural areas, the Tele Law initiative was launched by the Ministry of law and Justice in collaboration with the Ministry of Electronics and information Ministry.

Family Courts specifically handle family law matters. They are civil courts and are utilized for various family related claims such as Child custody, Divorce, Adoption, juvenile issues.

Mobile courts will be great relief to the rural people. It would create greater awareness about the judicial system among the rural masses, cut costs for them and render justice as their doorsteps.

The E-courts project was established in 2005. According to the project all the courts will get computerized. Judicial service center is the part of e-court. The Public as well as the advocates can ask directly the case status and next hearing dates with free of cost.

NALSA, The National Legal Service Authority has been constituted under the Legal Services Authorities Act, 1987 to provide free legal services to the weaker sections of the society. This will also organize Lok Adalats for amicable settlement of disputes.

Supreme Court of India is the highest court of India and is located in New Delhi. According to the constitution of India, the Supreme Court is the Guardian of the Constitution and the highest court of appeal.

The Judicial System in India provides a mechanism for resolving the disputes and conflicts between Citizens, Citizens and the Government, Two State Governments and The center and the State government. Supreme Court of India decisions are binding on all courts.

The judicial Review states that only the Supreme Court of India has the power to declare a law unconstitutional for the whole country. Article 141 of the constitution says that the law declared by the Supreme Court shall be binding on all courts within the territory of India.

The Article 32 of the Indian Constitution provides the right to constitutional remedies so a person has the right to move to the Supreme Court for getting his Fundamental Rights protected.

Article 143 of the Indian Constitution states the Power of the President to consult the Supreme Court about a question of the public importance referred to it by the president.

The 20th Amendment of the Constitution of India, 1966 inserted a new article 233A which validates the appointments, postings, promotions and transfers of and Judgments by District Judges in any State of India.

Article 32 of the Indian constitution empowers the Supreme Court to issue directions, order or Writs whereas the article 226 empowers the same y the High courts of India. Article 32 is a fundamental Right. Article 226 is not a Fundamental Right.

There are two types of legal sections are involved in India which are civil and criminal.

Criminal Law deals with conducts or acts that the law defines as offences. Punishment is awarded if proven guilty, the accused is sent to jail.

Civil law deals with the disputes over money property and social matters. For example a dispute relating to land, rent and marriages comes under the Civil law.

The Framers of the Indian Constitution established Independent and impartial judiciary for the purpose of fair justice. India is a Democratic country which needs an independent Judiciary as the custodian of rights of citizens.

PIL (Public Interest Litigation) is a litigation field in a court of law for the protection of Public interests. The Supreme Court introduced this system which allows a person to approach the court with his case.

PIL can be filed for the reasons like violation of basic human rights, Religious rights, pollution and Road safety. This could be done by a written letter stating the case.

The Supreme Court established a unique concept of Indian Judiciary which is PIL. This Public Interest litigation field is for the protection of public interests.