Judiciary

 

https://www.msn.com/en-in/news/opinion/all-india-judicial-service-exam-will-challenge-dynastic-sway-in-judiciary-but-sc-is-silent/ar-BB1iyY4A?

The judiciary of India is a system of courts that interpret and apply the law in the Republic of India. Let me provide you with an overview of its structure and functioning:

1. Hierarchy of Courts:

   • Supreme Court: The Apex Court in India, responsible for interpreting and applying laws, upholding the Constitution, and serving as the ultimate appellate court. The Chief Justice of India leads the Supreme Court.
   • High Courts: These are the top judicial bodies in individual states, controlled and managed by state Chief Justices.
   • District Courts (Subordinate Courts): These courts operate at the district level and are controlled and managed by District and Sessions Judges.
   • Tribunals: Specialized bodies that handle specific areas of law.

2. Appointment of Judges:

   • Subordinate Judiciaries: Judges are appointed by the governor based on recommendations from the High Court.
   • High Courts and Supreme Court: Judges are appointed by the President of India following recommendations from a collegium.

3. Roles and Duties:

   • Justice Administration: Ensuring fair and impartial administration of justice.
   • Public Interest Litigation (PIL): Allowing citizens to seek legal remedies for public issues.
   • Guardian of the Constitution: Upholding constitutional principles.
   • Hierarchy of Courts in India:
     • Supreme Court
     • High Court
     • District Court
     • Executive / Revenue Court

4. Ancient and Modern Influences:

   • India’s judicial system combines elements from ancient and medieval practices with the common law system introduced by the British East India Company and influenced by other colonial powers and Indian princely states.

In summary, the Indian judiciary operates as a single integrated system, with the Supreme Court at the apex, followed by High Courts and District/Subordinate courts. This decentralized structure allows the judiciary to address grassroots-level issues effectively¹²³⁴.

Certainly! Public Interest Litigation (PIL) is a legal concept in India that aims to protect the interests of the general public. Here are the key points about PIL:

1. Definition:

   • PIL refers to litigation filed in a court of law for the protection of public interest.
   • It addresses matters where the interest of the public at large is affected, such as issues related to pollution, terrorism, road safety, construction hazards, and more¹²³.

2. Origin and Purpose:

   • The term “Public Interest Litigation” was borrowed from American jurisprudence.
   • In India, PILs are not defined by any statute but have been interpreted by judges to consider the intent of the public.
   • PILs empower the public through judicial activism to seek legal remedies for broader societal concerns.
   • Unlike regular litigation, PILs are not initiated by aggrieved parties but by private individuals or the court itself.

3. Scope and Matters Addressed:

   • PILs cover a wide range of issues affecting public welfare:
     • Neglected children
     • Bonded labor matters
     • Atrocities against women
     • Non-payment of minimum wages to workers
     • Exploitation of casual workers
     • Food adulteration
     • Environmental pollution
     • Disturbance of ecological balance
     • Heritage and culture preservation, among others.

4. Objectives:

   • Ensuring justice for all and promoting the welfare of people.
   • Safeguarding group interests rather than individual interests (which are protected by Fundamental Rights).
   • Empowering the judiciary to issue PILs for the enforcement of public interest.

In summary, PILs serve as a potent tool for enforcing legal obligations, promoting justice, and addressing societal concerns. They allow citizens to actively participate in safeguarding public interests¹⁴⁵.

The issue of dynastic sway in the judiciary is a matter of concern and debate. While the Supreme Court plays a crucial role in upholding justice and maintaining the integrity of the legal system, it is essential to address any potential biases or influence.

Here are some points to consider:

1. Independence of the Judiciary:

   • The judiciary is meant to be independent, impartial, and free from external pressures.
   • Any perception of dynastic influence can raise questions about the integrity of judicial decisions.

2. Appointments and Collegium System:

   • The collegium system is used for appointing judges to the higher judiciary (High Courts and Supreme Court).
   • Critics argue that this system lacks transparency and may perpetuate dynastic trends.

3. Transparency and Accountability:

   • Transparency in the appointment process is crucial to maintain public trust.
   • The judiciary should actively address concerns related to nepotism and favoritism.

4. Public Perception:

   • The silence of the Supreme Court on such matters can lead to public skepticism.
   • It is essential for the judiciary to proactively address any allegations and maintain its credibility.

In summary, addressing dynastic sway in the judiciary requires a collective effort from all stakeholders, including the judiciary itself, legal experts, and citizens. Transparency, accountability, and open dialogue are essential to uphold the principles of justice and fairness .

conference

👉commonwealth advocate general and solicitor general conference in India

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