Charu Modi is teaching live on Unacademy Plus
CLASS VIII POLITY: RULE OF LAW AND JUDICIARY BY CHARU MODI
ABOUT ME B.A.LL.B.(Hons.) From National Law University Lucknow Pursuing LL.M. National and International moot court competition winner Wrote mains Interest: dance, reading Rate, Review, Recommend, Share Follow me at : http://unacademy.In/user/charumodi
RULE OF LAW all laws apply equally to all citizens of the country and no one can be above the law Btish colonialists who introduced the rule of law in India. Historians have British coloniaists who introduced the rule of law in India. Historians have disputed this claim on several grounds, two of which include: first that colonial law was arbitrary, and Second that the Indian nationalists played a prominent role in the development of the legal sphere in British India.
FACTOR INFLUENCING LAW MAKING sensitive to the problems faced by people people might criticise this law, hold public meetings, write about it in newspapers, report to TV news channels etc. In a democracy like ours, citizens can express their unwillingness to accept repressive laws framed by the Parliament.
JUDICIARY a judicial system that consists of the mechanism of courts that a citizen can approach wh en a law is violated. As an organ of government, the judiciary plays a crucial role in the functioning of India's democracy. It can play this role only because it is independent of India's democracy. It can pay this role
ROLE OF JUDICIARY Dispute Resolution Judicial Review Upholding the Law and Enforcing Fundamental Rights Paschim Banga Khet Mazdoor Samity vs State of West Bengal (1996) an agricultural labourer who fell from a running train and injured himself and whose condition got worse because several hospitals refused to admit him. On hearing his case, the Supreme Court ruled that Article 21 which provides every citizen the Fundamental Right to Life also includes the Right to Health. It, therefore, directed the West Bengal government to pay him compensation for the loss suffered as well as to come up with a blueprint for primary health care with particular reference to treatment of patients during an emergency. o
INDEPENDENCE OF JUDICIARY The legislature and the executive cannot interfere in the work of the judiciary. The courts are not under the government and do not act on their behalf. .T All judges in the High Court as well as the Supreme Court are appointed with very little interference from these other branches of government. Difficult to remove a judge. Difficult to remove a judge. .
STRUCTURE OF COURTS IN INDIA Supreme court located in New Delhi and is presided over by the Chief Justice of India. The decisions made by the Supreme Court are binding on all other courts in India. High court the highest court of that state. High Courts were first established in the three Presidency cities of Calcutta, Bombay and Madras in 1862. te court is more commonly known by many District court The subordinat different names. These include the Trial Court or the Court of the District Judge, the Additional Sessions Judge, Chief Judicial Magistrate, Metropolitarn Magistrate, Civil Judge
INTEGRATEDJUDICIARY the decisions made by higher courts are binding on the lower courts and the appellate system that exists in India. PUBLICINTERESTLITIGATION allowed any individual or organization to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated. to increase access to justice The legal process was greatly simplified and even a letter or telegram addressed to the Supreme Court or the High Court were treated as a PIL
It was used to secure justice on a large number of issues. Rescuing bonded laborers from inhuman work conditions; and securing the release of prisoners in Bihar who had been kept in jail even after their punishment term was complete. The judgment of the Oga Tellis vs Bombay Municipal Corporation established the The judgment of the Oga Tellis vs Bombay Municipal Corporation established the Right to Livelihood as part of the Right to Life.