Rajasthan Board RBSE Class 8 Social Science Notes Chapter 15 Law and Indian Judiciary
- The Parliament makes the law in our country.
- To maintain law and order in the country laws are essential.
- Laws or set of rules are those which compel people or persons of the society to direct anc control their behaviour.
- Generally laws make our life convenient and smooth.
- If the rules are ignored or not abided punishment is given. Hence to secure ourselves from violating rules we should equipped with the knowledge of laws, we must abide the rules, because laws are for our benefit and welfare.
Examples where law is violated:
- Violation of traffic rules.
- Travelling without ticket in train or bus.
- Female foeticide through foetus test by the doctors.
- Use of unfair means in the examination if there is no control over.
From the above mentioned examples then living life will become difficult. Law controls such wrong practices, hence control is the base of law. The feeling of law is positive not negative because beside control law gives us rights and facilities. Our law makes no distinction among people on the basis of religion, caste or sex. If anybody who breaks law, he/she gets punishment.
Following rules does not mean that these are formulated by the government. If on this basis rules are followed then their form can be destructive. Such situation can give birth to dictatorship. We live in a democratic nation where making while law concept of justice should be given importance. Then only democracy will progress and social, political and economical justice would be achieved.
Types of Law:
- Social Laws based on conventions, custom precedents and religious beliefs.
- National Laws are enacted by the legislatures as Parliament in India and England, the congress in America.
- International Laws conduct the mutual relations between the sovereign nations.
Sources of Law:
- To keep law and order is the main duty of the government. To fulfill government duty takes initiatives to enact laws and to frame punishment procedures. For example, Indian Penal Code (IPC) is being formed to decide punishment for a criminal.
- Sometimes demand is raised from the different classes of the society and people’s organisations to form special law. Government makes law being sensitive to such demands. On such basis government has formed law against domestic violence to check violence against women. In Dev doongari village of Bhim Tehsil of district Rajsamand of Rajasthan labourers and farmers demanded the copies of government record related to their wages They struggled to get copies of their payment and attendance records. Slowly their struggle converted into a movement and took a nationwide.At the end government accepted the feelings of the people and formulated a revolutionary and important law/act Right to Information, 2005. Which proved to be a powerful step at governmental level to increase the transparency and people’s participation. Sometimes such conditions arose in nation, which compel government to make law, to control terrorists activities government had to make law at once.
State power gives the legal base to laws but the concept of justice fulfills the every law from social values. To give justice according to constitution and detail of laws in our country an independent and impartial Judiciary is established in our nation.
We know that we have federal system in our country, though both union and state government work in their own fields but still any conflict can arise between them on any of the subject.
Constitution has established a Supreme Court to eliminate such conflict. Its headquarters at New Delhi- the Highest Court of the country. Interprets the law and the constitution besides many other functions.
Composition of Judiciary in India:
In our country there is a system of single and unified Judiciary in which the local and district court is at the lowest level, High Courts at the states level or combined High courts in few states and the Supreme court at the National level.
- Supreme Court is the highest and final court of appeal for our Judiciary. It safeguard our constitution.
- It has the right to analyse our constitution protecting citizen’s fundamental rights.
- The Chief Justice of the Supreme court is appointed by the President and on his advice, President appoints other judges.
- should be a citizen of India.
- should have worked as a judge of High Court for five years or as an advocate in High Court for ten years.
- should be a well known jurist in the eyes of President.
- Judges of Supreme Court can work fill 65 years of age, self resign or by impeachment they can be removed from their post before time. Salary and allowances of the judges of the supreme court are paid from the consolidated find of India.
Jurisdiction and territorial limits/Powers of the Supreme Court are:
- Original Jurisdiction
- Disputes related to citizens Fundamental Rights.
- Disputes between the central and the state governments and
- Disputes between the states.
- Appellate Jurisdiction: In the following matters, appeal can be made in the Supreme Court against the decisions of the High courts.
- Constitutional matters i.e. the matters involving disputes over the interpretation of the constitution.
- Civil cases: matters relating to land property, marriage, divorce, rent, contracts etc.
- Criminal cases: Matters related to theft, crime, murder, robbery etc.
- Guardian of Constitution and Fundamental Rights-
- Any government law which contravenes the constitutional provisions can be declared invalid by the Supreme Court. This is called Judicial Review power of the Supreme Court.
- Supreme Court acts as a Guardian and protector of fundamental rights of the citizens in case of their violation by any individual or authority.
- The Supreme Court is also a Court of Record. It’s all judgments are published. These judgments are used in lower courts as case law in various cases.
- It is the highest court of the state. Rajasthan High court is in Jodhpur with its bench in Jaipur.
- Chief Justice is appointed by the President on the advice of governor of the concerned state and Chief Justice of India. His retirement age is 62 years.
- To become judge of the High court following qualities should be possessed-
- He should be the citizen of India.
- He should have worked at least for 10 years in a judicial capacity in any state or have worked as an advocate at least for 10 years or more in the High Court.
Jurisdiction and Territorial Limits/Powers of High Court:
- Original Jurisdiction: Over the matters as related to Fundamental Rights can be directly initiated in the High Court.
- Appellate Jurisdiction: Appeal against the decisions of the District or the session courts can be made in the High Court.
- Supervisory Jurisdiction: High court has power to supervise working of all the lower courts in the state, to gather information and to frame rules regarding their working procedures, and also to ask for legal cases from the subordinate courts for interpretation.
Independence of Judiciary:
- Our constitution has provided an important role to Judiciary.
- Judiciary is kept independent of Executive and Legislature. There is no interfere of the Legislative in the appointment of Judges, their term of office and conditions of service.
- It is independent in its financial matters.
- Judges are exempt from any criticism on the grounds of their decisions, functioning and conduct.Law should be within reach of all speedy justice, easily available and cheap for this some important measures are taken in our country amongst them main are as follow-
- Lok Adaiat: Lok Adalat is different from the regular courts. It settles the public disputes through mutual consents, and hence saves public time and expenses. Its decisions are not subjected to be appealed in any other court and are bound on the parties to the dispute.
- Fast Track Court: Due to increasing numbers of cases in the courts, decisions of the disputes couldn’t occur for many years. Late in justice means, not getting justice with the objective of providing speedy justice in some of the special cases which have severity in nature. Fast Track Courts are established. In these courts cases hearing of the cases is done every day continuously and speedy decision or judgments are made.
- PIL (Public Interest Litigation): PIL stands for Public Interest Litigation. It is called PIL when a case is filed for hearing in the court by the person or the organisation other than the sufferer who can not seek the protection of law for his/her fundamental rights because of the adverse situations as poverty, illiteracy or ignorance. PIL can be initiated in the High Court or the Supreme Court. Court can itself invite any case of public significance for its hearing. On 28th March, 2001, on the basis of PIL the Supreme Court issued a legal order to all the state governments to provide mid-day meals for all the students of the primary level in the government and the government aided institutions. The order was to be implemented within six months. Presently this order of the court is in operation in all the government and the government aided Primary Schools of Rajasthan. This example clears that due to PIL accountability of Legislature and awareness of the executive is increased.
- Legal Aid Services: To plead the cases in the courts, the government provides free services through its lawyers to the weaker sections of society i.e. the citizens whose annual salary is up to ? 1,25,000 or who are the members of the scheduled castes and scheduled tribes, also this facility is provided to women, children, handicapped and sufferers of natural calamities.
If law is violated lack of legal education can not be the basis to get freedom from the punishment. Hence we should be equiped with laws, under legal education. Citizens are imparted legal education through legal procedures to safeguard their fundamental rights. The law students, lawyers and the law experts impart this legal knowledge through legal literacy camps, fairs, public meetings from time to time. Legal education increases the brotherhood in the society and decreases crimes. It develops the feeling of responsibility among the citizens. They behave with awareness.
Gram/Village Courts in Rajasthan:
Under the gram Judicial Act, 2008 the gram courts have been set up in the rural areas to provide cheap and prompt justice to the rural folks. First such court was set up at Bassi in the Jaipur district of Rajasthan. In these courts the appointment of legal officers is done of the advice of High Court.