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In theory, anybody can approach the judiciary for seeking justice. But in practice, majority of people are unable to go to the courts because court cases involve lot of monetary burden and paperwork. It takes many years for a case to be resolved by the court. A PIL can be filed by anybody or any organization on behalf of affected people. This is a tool which gives access to the judiciary for the poorest of the poor. Thus, introduction of PIL is a significant step in ensuring justice for all.

It exists, in short for the administration of justice.

The term of office of the Chief Justice and other judges of Supreme Court is till they complete 65 years of age.

The President of India appoints the judges of the Supreme court on the advice of the council of minister in consultation with the Chief Justice of India. Article 124 which deals with the appointment of judges, makes it obligatory on the part of the President of India to consult the Chief Justice of India.

In appointing the Chief Justice of India, the President shall, besides the advice of the council of ministers, consult the judges of the Supreme Court and the High courts if he considers it necessary. But, neither the constitution nor the law provides for Chief Justice’s recommendation as to his successor. It is a practice sanctioned by convention.

Normally, the Chief Justice of India is appointed from among the senior most judges of the Supreme Court.

President appoints in consultation with the Chief Justice of Supreme Court.

Public Interest Litigation.

Sadashivam is the chief justice of the Supreme court.

It is one that is free from legislative and executive control.

Many methods are followed to appoint the judges in different countries like election by the people, election by the legislature, appointment by executive etc. Election by the people is the worst method as it makes the judges politicians as party plays an important role in elections. Appointment by executive is the most accepted method in appointment of judges.

The basic role of judiciary has to function so as to bring confidence in the people, regarding its independence and business. The Supreme Court and High Court using their power of judicial review are expected to interpret the constitution and ensure that laws and regulations which goes against Constitution are struck down. The Supreme Court has special role of advising the President. The Judiciary is vested with sufficient powers of jurisdiction to perform its role satisfactorily.

The district judge in his administrative capacity exercises supervision over all the civil courts in the district.

1. He must be a citizen of India. 

2. He must worked as an advocate for 7 years. (OR) 

3. Must be in central or state services.

1. District courts. 

2. Revenue courts 

3. Consumer courts

4. Lok Adalat 

5. Family courts.

A person to be appointed as a Judge of the High Court must possess the following qualifications. 

• He must be a citizen of India. 
• Held a judicial office for at least 10 years. 
• practiced as an advocate of a High Court for at least 10 years.

The proceedings and judgments of the Supreme Court are kept preserved to be made use of in future cases and judgments, whenever necessary by the lower courts. Those decisions are authoritative records on law whose validity cannot be questioned in any court. The courts of records also have the power to correct its own clerical errors.

The head of the judicial system is the Supreme Court of India. Below the Supreme Court, there are High courts at the state level. There are other courts such as District and Sessions Court, Metropolitan Magistrates court. Court of sessions, Munisiff’s court, etc., and courts below the High court are called ‘Subordinate courts’ and they are under the control of the High court. The Supreme Court is the ‘apex court’ of the land and the highest court of appeal on all matters civil, criminal or constitutional. A law declared by the Supreme Court is binding on all courts throughout the territory of India.

Waghela is the chief justice of the high court.

An individual or the government if violates the orders of the High court, it may impose fine or imprisonment for showing disrespect to its orders.

PIL has been originated in America.

Judges mould and expand the law consciously and unconsciously while interpreting and applying the existing law. These are known as judge made laws or case laws.

Revenue courts are established in each district to settle disputes relating to the payment of revenue. Tahsildar acts as a judge at the taluk level.

It is the third branch of government, which settles disputes. It is there for the administration of justice.

A PIL can be filed by the aggrieved party or any organization before the supreme court or high court.

A court which decide the matters and make orders on family issues such as marriage divorce, child, custody and family maintenance is called family court.

Family court was first established in America.

A judge of the high court is not entitled to practice on retirement in any court except the Supreme Court and any high court other than the one where he held office (Article 220).

In order to provide justice at die earliest and also at an affordable price, Lok Adalat is established. These courts simplify the procedures and process to make it easily understood and accessible to general public. The retired judges act as the Chairman of Lok adalats. When two contending parties put forward their argument, based on facts and verification of witness, judgment is delivered. The most striking aspect of Lok adalat is the absence of a lawyer or pleader. There is no role for a lawyer in lok adalat. Lok adalat, which began in 1985 for the first time, resulted in settlement of 150 disputes in a single day. .The Lok Adalat was set up to deal with labour, compensation, family law, personal law7, sendee, land acquisition and other matters.

There is only one judicial system throughout the country. It is called an integrated judicial system.

The courts which are established to protect the interest of consumers in the market are called consumers court. 

The consumer courts are formed as below.

1. Central consumer protection council. 

2. State consumer protection council. 

3. Consumer dispute redressed forum.

A court which deals with the family matters of marriage, divorce, child custody, and family maintenance is called family courts. The family court act was enacted in India on 14th September 1984, the family courts are established by the state government in consultation with the High Court. It can settle the family disputes through conciliation and mediation so as to avoid the delay and to save the money bearded by both the parties.

The state government is empowers to set up a family court where the population is exceeding more than 10 lakhs. At present 190 family courts are functioning in India and 12 are in the Karnataka.

The High Court consists of a Chief Justice and other judges appointed from time to time by the President. The President may appoint additional judges for a temporary period of two years if the work is heavy in the High court. He may also appoint a acting judge when a permanent judge is temporarily absent.

The Supreme Court can render legal advice to the Government of India. The President of India can ask for a legal opinion from the Supreme Court on a question of law or public opinion.

It means that the appeals against the verdicts of the district courts can be brought to the High Court. The revisery jurisdiction explains that High Court can withdraw cases from subordinate courts for its own consideration.

A judge of the High court is removed from his office in the similar way as that of the judge of the Supreme Court. By an address of both houses of parliament by a two third majority of the total membership of the house and by a vote of not less than two third majority of the members present on grounds of proven misbehavior or incapacity (Article 217).

• Supreme Court
  
  Answer: The Supreme Court found Laxman and his mother guilty and punished them with life imprisonment. Laxman’s brother-in-law as acquitted because of lack of evidence.
• High Court
  
  Answer: The High Court acquitted all the accused.
• Lower Court
  
  Answer: The Lower Court found all the accused to be guilty and punished them with death sentence.

Article 136 confers a special power in the hands of the Supreme court to grant special leave. In hearing appeals the Supreme Court may grant Special Leave petition against any judgment or order made by any court or tribunal, except military tribunal, in a case. The decision is entirely left to the discretion of the Supreme Court. This power, however, is to be used only under exceptional circumstances like matters involving general public interest or in cases of grave injustice or cases in which no appeal is otherwise provided by law.

Supreme court is the apex court.

The President in consultation with the Chief Justice of India, the Governor of the concerned state, and the Chief Justice of the High Court appoints the judge of the High court.

1. Should be a citizen of India. 

2. Should have worked as a Judge in any High Court for 5 years. 

3. Should have Worked as an advocate in the High Court for at least 10 years. 

4. Should be an eminent jurist.

Judges of the Supreme court can be removed from office cm charges on proven misbehaviour or incapacity (Article 124) through the process of impeachment. 

He may be removed on the above grounds as follows:

A motion of removal addressed to the President signed at least by 100 members of the Lok sabha or 50 members of the Rajya sabha is given to the Speaker or Chairman. The committee consisting of 3 members (2 Supreme court judges and one distinguished jurist) finds the judge guilty, the motion as well as the report of the committee is taken up for consideration in the house where the motion originates. The motion is passed in each house by a two third majority Of the total membership of each house addressed to the President. If the President gives his order for removal, the judge stands removed.

Chief Justice of supreme court gets 1 Lakh Rs salary per month and other judges 90,000.

Right to Constitutional Remedies gives the right to a citizen to approach the court if the citizen thinks that that State has violated his/her fundamental rights. If the government passes a law that is not in line with the basic tenets of the Constitution then the judiciary has the right to strike down that law. This helps in ensuring that the State cannot make a law arbitrarily. Thus, the Right to Constitutional Remedies connects to the idea of judicial review.

A person can go to a higher court against the decisions of the subordinate courts is called appeal.

• Laxman was acquitted by the High Court.
• The family members of Sudha wanted to appeal in the Supreme Court.
• The Court ordered for suitable compensation to be given to the slum dwellers.
• The municipal authorities came with an eviction notice against the slum dwellers.
• Taking away the means of livelihood is clear violation of the Right to Life.

Many laws during the British rule were arbitrary in nature. They were made with a view to keep the Indians under British control rather than ensuring justice for the people of India. The Indian nationalists started to protest and criticize the arbitrary use of authority by the British. The Indian nationalists did not want to be forced to obey some draconian laws. They wanted a set of laws which could ensure justice for all.

Cases of domestic violence were often reported to women’s organizations. Some of the organizations started to raise the need for a new law on domestic violence. In 1999, Lawyers Collective, a group of lawyers, law students and activists took the initiative of drafting the Domestic Violence (Prevention and Protection) Bill; after nation-wide consultations. The draft was widely circulated among influential people. The bill was introduced in Parliament in 2002. But the bill did not contain many of the suggestions from women’s organizations. After that, many organizations for women made submissions to the Parliamentary Standing Committee; so that a new law could be passed. The Standing Committee submitted its recommendations to the Rajya Sabha; in 2002. The recommendations were also tabled in the Lok Sabha. Finally, the new bill was introduced in the Parliament in 2005. After the assent from the President, the Protection of Women from Domestic Violence Act came into effect in 2006.

The rule of the law means that all laws apply equally to all citizens of the country, and nobody is above the law. Every citizen is equal before the law; irrespective of religion, caste, gender, economic status or political power. Even the President of India has to obey the rule of law.

Appellate jurisdiction means that the Supreme Court will reconsider the full case and examine its legal issues again. If the court thinks that the law or the constitution has a different meaning from what the lower court has understood, then the Supreme Court can change the decision and can also provide a new interpretation of those provisions. The Supreme Court is the highest court of appeal. Any person can appeal in the Supreme Court against the decision of High Court, but the High Court has to give this certificate that the related case is desirable to appeal in the Supreme Court, i.e., there is a serious matter involved in it, like the interpretation of the constitution or the law. Similarly, the High Courts also have appellate jurisdiction against the judgement of the lower courts.

(a) Public Interest Litigation

To maintain the sanctity of the constitution, the court can use two methods : 

1. The court can issue a ‘Writ’. 

2. It can declare any law as unconstitutional and void arid can stop from its implementation.