Page 217 - SST Class 08
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                                       The Judiciary








             Democracies are characterised by the separation        government  because  it  safeguards  the  rights  of
             of  functions  and  powers  between  the  three        citizens.
             branches  of  government  —  the  legislature,  the
                                                                                    Supreme Court
             executive  and  the  judiciary.  The  three  branches
             check one another’s powers.
             The  judiciary  is  the  third  branch  of  the  demo-                   High Courts
             cratic  government  system.  The  judiciary  inter-
             prets  the  law,  decides  disputes  and  applies  the
             constitution in the name of the state. The judicial
                                                                                  Subordinate Courts
             authority  of  the  RSA  is  vested  in  the  system  of
             courts as well as judges and magistrates who sit       The  courts  help  to  ensure  justice  by  giving
             in these courts.                                       punishment to the guilty. If there have been no
                                                                    courts,  people  would  take  law  and  order  into
                                                                    their  own  hands  leading  to  chaos.  Courts  settle
                                                                    disputes,  which  arise  among  citizens  and  also
                                                                    between citizen and state.
                                                                    The courts deal with two types of cases, i.e., Civil
                                                                    and  Criminal.  All  the  cases  of  theft,  robbery,
                                                                    murder,  etc.  comes  under  criminal  cases.
                                                                    Criminal Procedure Code provides that trials be
                                                                    conducted  publicly  except  in  certain  cases
                                                                    involving state secrets. No person can be arrested
                                                                    without  warrants  except  in  cases  where  delay
                                                                    may cause problems.
             The judiciary is tasked with ensuring equal justice
             under  the  law.  The  branch  must  be  strictly        WHY DO WE NEED AN INDEPENDENT
             independent,  impartial  and  non-political  as  the                     JUDICIARY?
             principle of the separation and balance of powers      An  independent  judiciary  is  necessary  so  that
             commands.                                              judges  can  discharge  their  duties  without  pres-
             The  Indian  judicial  system  is  a  single  unified   sure  from  the  executive  or  the  legislature.  An
             system.  The  constitution  has  provided  for  an     independent judiciary does not mean that justice
             independent  judiciary  headed  by  the  Supreme       is  meted  out  arbitrarily.  The  judiciary  has  to
             Court. Below which is the High Court and at the        follow the Rule of Law. This means that the same
             district  level  are  the  Subordinate  Courts.  The   laws apply to all citizens. In other words, it means
             judiciary  is  the  most  important  organ  of  the    Equality Before Law.


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