Welcome dear students! Today we are going to learn about Judiciary from Class 7 Social_Science.
This lesson is about our Law and Judicial system. We will explore the qualifications and the functions of the Chief Justice of the Supreme Court and the Chief Justice of the High Court. We will also study the functions of the Subordinate Courts and the Lok Adalat. By the end of this lesson, you will appreciate the role of law and the Judiciary in the administration of the State. You will recognize that the Judiciary functions impartially, and is independent of the Legislature and the Executive. You will also appreciate the Indian judicial system and the important role of the Lok Adalats.
Let us begin with a basic definition. A system which gives judgements based on the laws is called a Judicial system. Both the judiciary and the laws play an important role in the administration of the State. When people live together in a place, it is natural for conflicts to arise among them. If they are not able to find a solution to their dispute, a third person may listen to them and give judgement. Laws are framed to serve as a basis for resolving such disputes. Laws regulate the external behaviour of the individual. They control crime and criminals. They are also a means to maintain peace and order in society. Besides, they protect the rights of the citizens.
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Now let us look at the functions of the courts. The courts interpret the laws framed by the Legislature. They give judgements relating to disputes between individuals, and between individuals and the Government. They perform the important task of protecting the life, property, dignity and rights of the citizens. The courts are not controlled by either the Legislature or the Executive. They function impartially and independently.
Next, we will learn about the Supreme Court. In order to protect the unity of the country, our Constitution has a common judicial system applicable for the entire country. The highest court of law in India is the Supreme Court. It consists of the Chief Justice of India and 33 other Judges. They are all appointed by the President of India. The Supreme Court is located in New Delhi.
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Let us discuss the qualifications of a Supreme Court Judge. A person should have been a High Court judge for at least five years, or should have been an advocate of the High Court for at least ten years, or should be a distinguished jurist in the opinion of the President. The age of retirement of the Supreme Court Judge is 65.
Moving on, what are the functions of the Supreme Court? First, it resolves disputes between the Union and the States, and between the States. Second, it issues writ petitions to safeguard the Fundamental Rights of the Citizens. Third, it interprets the provisions of the Constitution. Fourth, it gives advice and opinion to the President when asked for. Fifth, it frames necessary regulations.
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Now let us move on to the High Courts. The High Court is the highest court of law in a State. The High Court of Karnataka is in Bengaluru. It consists of the Chief Justice and other Judges. There are 25 High Courts in our country.
What are the qualifications of a High Court Judge? The person must be a citizen of India. They must have served under the Indian Judiciary for at least ten years, or must have served as an advocate of the High Court for ten years. The President of India appoints the Chief Justice of the High Court in consultation with the Chief Justice of the Supreme Court and the Governor. The age of retirement of the High Court Judge is 62. Either English or other regional languages can be used in the High Court.
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The functions of the High Court are issuing writ petitions to safeguard the Fundamental Rights of the Citizens, and supervising the working of the Subordinate Courts and framing rules for their proper functioning.
Let us understand the courts at various levels. The Supreme Court operates at the National level in New Delhi. The High Courts operate at the State level. The Subordinate Courts operate at the District level and include the District Court, Magistrate's Court, Junior Magistrate's Court, and Lok Adalats.
Now, let us study the Subordinate Courts in detail. Apart from the Supreme Court and the High Courts, there are several Subordinate Courts in the Indian Judicial System. The High Courts function under the Supreme Court. The Subordinate Courts, which function under the High Courts, include District Courts, Taluk level Courts and the City Courts. The Subordinate Courts are of two types: Civil Courts and Criminal Courts. The Civil Courts take up litigations relating to matters such as money transactions, property and contracts, and pass judgements. The Criminal Courts take up disputes relating to matters such as murder, theft and robbery and pass judgements. In certain circumstances, appeals may be made to the High Court against the judgements given by the Subordinate Courts. Similarly, appeals may be made to the Supreme Court against the judgements given by the High Court.
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Next, we will learn about the Lok Adalat, which means People's Court. The Government has set up certain legal institutions which function faster, settle cases through compromise and are less expensive. One such institution is Lok Adalat. The State and District level officers organise Lok Adalats, from time to time, at places convenient to the people. The Lok Adalats take up cases of parties who mutually agree to settle them, amicably. The judgement of the Lok Adalat is as good as the judgement given by the courts. It is worth noting that the judgement of the Lok Adalat is not only final but also binding on both parties. This saves time and money. No appeal can be made against such a judgement in any higher court. If someone has been intimidated into agreeing to a compromise, complaint can be lodged with the police and a case can be filed. The Lok Adalats have settled a large number of cases so far. If properly used, the Lok Adalats may prove to be very useful courts.
Let us quickly review a new word from this chapter. Litigations means fights or disputes.
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Now, let us know some important facts. First, the President of India cannot be arrested during his term of office. Second, no criminal case can be filed against him or her. Third, the decisions taken using the authority of the office cannot be questioned in any court.
We also have an important concept called Public Interest Litigations. If a government or a public body violates the law, or indulges in suppressing or exploiting the citizens, the citizen affected by such violations may directly complain to the court. Such a letter of complaint is taken up as a writ application by the court. Without charging any fees, the court inquires into the complaint.
Now it is time to practice what we have learned. Let us go through the exercises together.
Exercise One: Fill in the blank with an appropriate word. Question one: Country's highest court is the Supreme Court. Question two: The retirement age of the Supreme Court Judge is 65. Question three: There are 25 high courts in the country. Question four: The supreme court judges are appointed by the President of India.
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Exercise Two: Discuss in groups and answer. Question five: What are the main functions of the judiciary? Question six: Which is the highest court of law in our country? Question seven: What are the qualifications necessary to be a High Court judge? Question eight: What are the functions of the Supreme Court? Question nine: How can delay in providing justice be avoided? Question ten: Should the judiciary be given more powers or not?
Finally, let us look at the activities suggested for you. Activity one: Arrange a Legal Awareness and Help Cell in your school. Activity two: Invite the local judges and become aware about the laws. Activity three: Arrange a Model Court in your school. Activity four: Pay a visit to the nearest court and watch the proceedings. Activity five: Students speak on the topic, If I become the Chief Justice of the Supreme Court, for one or two minutes.
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I hope this lesson has helped you understand the Indian Judicial System clearly. Remember to revise the qualifications, functions, and the role of Lok Adalats and Public Interest Litigations. Keep practicing the exercise questions and try out the suggested activities in your school.
Thank you for listening! Keep revising and practicing. Goodbye! [CHAPTER_COMPLETE]