Judiciary

We know that Judiciary is most important organ of our democracy whose main function is to uphold the law and enforce Fundamental Rights. The judiciary of our country protects the Fundamental Rights from being eroded or abridged by any person, group of persons or the state itself.

For a country like India an independent judiciary is necessary because if the judiciary is under the influence of executive and members of legislative houses then it won’t be able to give fair decisions which is against the democracy.

List of various types of fundamental rights is as follows:

(a) Right to equality.

(b) Right to Freedom.

(c) Right to freedom of religion.

(d) Right against exploitation.

(e) Cultural and Education Rights.

(f) Right to Constitutional remedies

Right to Constitutional remedies is that fundamental right which allows every citizen to move to the court if they believe that any of the fundamental rights have been violated by the state.

Judiciary has the power to strike down a popular law of the Parliament if it believes that there is a violation of the basic structure of the constitution so in that way it connects to the idea of judicial review.

Lower court: In this court Laxman, his mother Shakuntla and his brother-in-law Subhash Chandra were sentenced to death.

High Court: In the decision of high court all three were acquitted.

Supreme Court: Supreme court decided to give life imprisonment to Laxman and his mother while his brother-in-law Subhash Chandra was acquitted for lack of sufficient evidence.

(a) True

(b) False: This sentence is wrong as after the decision of Supreme Court one cannot go to High court as supreme court is supreme above all and its decision is full and final.

(c) False: This is also wrong because the Supreme Court is the apex court of the country and no appeal can be filed against the decision of the Supreme Court.

A simple letter or telegram addressed to a High Court or the Supreme Court is to be regarded as PIL.

Introduction of PIL in 1980s is a significant step as helps in ensuring access to justice to every individual of the country. Any individual or organization is allowed to file PIL in a High Court or the Supreme Court on behalf of those who are themselves unable to file a case even if their rights are violated.

The judges in the Olga Tellis Vs Bombay Municipal Corporation said that the Right to Livelihood was part of Right to life as no person can live without the means of living. The Right of Life conferred by Article 21 is wide and far reaching. Life means something more than mere animal existence. This is how the judges connected Right to Livelihood to the Right to Life.

Story on the theme, “Justice delayed is justice denied” is as follows:

Ram is a poor man who took a loan of Rs. 1,00,000 from a moneylender for the marriage of his daughter. When he was coming back, a thief snatched the bag of money from him. He screamed and luckily the people of the society helped him to take his bag from the thief.

After this the bag first went to the police custody and the case took a long time in the court due to which Ram could not get the money on time and the marriage of his daughter was cancelled due to which he was mentally harassed.

From this story it is true to say that “Justice delayed is justice denied.”

(a) Acquit: She was acquitted on all counts.

(b) To appeal: Police are appealing for information about the incident.

(c) Compensation: He is seeking compensation for injuries suffered at work.

(d) Eviction: Unlawful eviction and harassment is a criminal offence in the United Kingdom.

(e) Violation: The aircraft were in violation of UN resolutions.

Constitution of India grants the citizens the Right to live and thi right to live is closely associated with the Right to Food. The main duties of the government to uphold the Right to Food are as following:

(a) First and most important point is that they aim to provide at least minimum food item to the people either totally free or by charging very nominal cost.

(b) Their second duty is to check the hoarding of wheat, rice, sugar.

(c) They also aim to provide mid-day meals to the poor-children in the school.

‘Hungry stomachs, overflowing godowns’ is not at all acceptable in a civilized society. If people do not get food or if they are not able to complete fill their hungry stomach then they attempt to commit crimes.

Yes, according to me any ordinary citizen has a chance to stand against a politician because according to our constitution there is equal justice to all citizens of the country whether it is any political leader or any ordinary citizen.

Two reasons why independent judiciary is essential to democracy are as follows:

(a) First and most important point is that independent judiciary is a must for the sustenance of democracy. If there is continuous political influence over judiciary, democracy does not exist.

(b) Judiciary is one of the pillars of the government. So, it is necessary to make it independent so that it will equally give justice to all the citizens of the country

Two sentences are as follows:

(a) Appeal system is a system where one can go to the senior court to ask for justice if he feels the then court has not made the right justice to his case.

(b) It gives opportunity for the truth to the revealed and the culprit is punished just as in case of Sudha, her husband Laxman and her mother-in-law were punished.