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Ch 06 - Judiciary11th Indian Constitution at Work

Architecture: Single Integrated Judiciary

How does India's judicial structure fundamentally differ from a typical federal system like the USA?

CONCEPT

One System, One Law

The Indian Model: India possesses a single integrated judicial system.
Implication: There are no separate State courts exclusively for State laws. The Supreme Court sits at the apex, and its decisions are binding on all lower courts (High Courts and District Courts).
Federal Contrast: In countries like the USA, states often have separate, independent judicial structures running parallel to the Federal Courts.

Prism Memory Hook

Pyramid Structure: One Peak, One System

Hierarchy of Courts

What is the order of the Indian Judicial Pyramid from highest to lowest?

FACT

The Judicial Ladder

Supreme Court of India: The apex court; decisions are binding on all other courts.
High Courts: Operate at the State level; hear appeals from lower courts and possess original writ jurisdiction.
District Courts: Operate at the District level; handle serious criminal and civil cases.
Subordinate Courts: The lowest level; handle civil and criminal cases of a less severe nature.

Prism Memory Hook

SHDS: Supreme, High, District, Subordinate

Civil Law vs. Criminal Law

What are the core procedural and punitive differences between Civil and Criminal Law in India?

DISTINCTION

Offence vs. Injury

Criminal Law: Deals with acts legally defined as offences against society (e.g., theft, murder). It generally begins with an FIR (First Information Report) filed with the police. Result: Imprisonment or fines.
Civil Law: Deals with disputes concerning harm to the rights of individuals (e.g., land disputes, rent agreements, divorce). It begins with a Petition filed by the affected party directly in court. Result: Specific relief (e.g., financial compensation, vacating property).

Prism Memory Hook

Criminal = FIR and Jail; Civil = Petition and Relief

Also in this chapter

40 more cards to study in Prism

4The Adversarial System
5Role of Judiciary: Rule of Law
6Meaning of Judicial Independence
7Safeguards: Appointment & Tenure
8Safeguards: Financial & Immunity
9Power of Contempt
10Appointment: The Collegium System
11Evolution of the Collegium
12The NJAC & 99th Amendment
13Breaches of Seniority Convention
14Removal Procedure for Judges
15Impeachment Case: Justice V. Ramaswami (1991)
16Supreme Court: Scope of Power
17Original Jurisdiction
18Appellate Jurisdiction
19Special Leave Petition (Article 136)
20Advisory Jurisdiction (Article 143)
21Review Jurisdiction (Article 137)
22Enforcement: Article 144
23Protector of Rights: Two Tools
24Writ Jurisdiction: SC vs. HC
25Definition of Judicial Review
26Scope of Judicial Review
27Conflict: Parliament vs. Judiciary (1967-1973)
28Kesavananda Bharati Case (1973)
29Public Interest Litigation (PIL)
30Epistolary Jurisdiction
31Landmark PIL: Hussainara Khatoon (1979)
32PIL Case: Sunil Batra (1980)
33Case Study: Bandhua Mukti Morcha (1984)
34NALSA (Legal Services Authorities)
35PIL: India vs. South Africa
36Positive Impacts of Judicial Activism
37Judicial Monitoring of Investigations
38Activism Case Study: CNG in Delhi
39Activism Case Study: Dahanu Farmers
40Activism in Electoral Reforms
41Judicial Restraint vs. Activism
42Criticisms of Judicial Activism
43Warning: The Super-Legislature

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11th Indian Constitution at Work

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