JUDICIARY - Coggle Diagram
- Each district has a district court and all courts below it are called subordinate courts.
- Separate courts for criminal and civil cases.
- Competitive exams are held by the state public service commissions to choose officers of the lower courts.
Civil Cases :-
- individual wrongs. involving disputes like marriage, guardianship, money, property etc.
- brought up by a private entity
- Cannot be imprisoned for a civil case. guilty party has to compensate for the damage done.
- Wrongs against society or state. Murder, theft, robbery, arson, loot, r-- etc.
- Criminal case is brought by the government.
- Can be arrested, imprisoned or fined.
Structure of the Judiciary:-
In any government, the judiciary is the body concerned on upholding the law in a country.
- It is given the duty to safeguard any citizens rights and uphold supremacy of the constitution.
- According to the constitution. It is completely independent body from the executive and legislature
- Legislature and Executive cannot interfere with the judiciary.
- files court case is called appellate and whom the case is against is called respondent
- Single integrated and unified If you are not happy with the judgement of the lower courts, you can appeal to a higher court.
- Supreme court - apex of the Indian judiciary system. Located in New Delhi.
- High court- State court. States with same capital share the same high court.
- District courts then Subordinate courts.
- Head- Chief Justice is also chief justice of India He is appointed by the president.
- 33 judges in the supreme court but can increase with a parliament act they are appointed by the president on advise of the chief justice.
Qualifications to become Judge:-
- Indian citizen
- min.10 years experience or high court judge with 5 yrs experience
- Distinguished jurist or an expert in law.
Term of office:-
- retirement age is 65 years
- but if found guilty of misuse of authority, a resolution will be passed in both houses of parliament and he/she will be removed through impeachment.
The supreme court has the power to issue writs; or enforcement of fundamental rights if limitations are placed on them. It can order compensation to the victim and punish the offender.
- Any law or policy made by the government that is not in accordance to the constitution can be termed as illegal
- Apex courts in a particular state.
- chief justice of state appointed by the President on the advice of the chief justice of India and governor of the state.
- other judges are appointed by the president on the advice of the Chief justice of state and governor
- High court advocate with 10 yrs experience
- judicial officer with 10 yrs experience
UNIFIED INDIAN JUDICIARY:-
In India all courts are subordinate to the Supreme court. If a person is unhappy with the decision of the lower court, he/ she can appeal to the higher court.. Ppl should never take law into their own hands and courts can issue writs to protect fundamental rights.
Writs are issued by the court to stop someone from doing something or permitting one to do something.
due to the number of judges in India, They could not keep up with the rising amount of cases. This created a huge backlog. To solve this lok adalats were established by an act of parliament. The first lok adalat was established in Delhi in 1985. It is usually a retired judicial officer as the chairperson and two other members usually a lawyer and a social worker.
- The poor found it difficult to pay legal aid. But in a lok adalat, legal aid was free.
- In lok adalats, Both parties agree to the settlement by concilation and compromise.
- Common consent, so both parties will be happy with judgement. But in a court, 1 party will be unhappy and will appeal in the higher courts.
- You can talk to the judge directly and freely.
- You can go to a lok adalat before going to and actual court.