The Judiciary (Supreme Court, High Courts, and judicial independence)

The appeal system allows a party to challenge a lower court’s decision before a higher court. The higher court may review the evidence, application of law, or procedural errors, which helps make justice fairer. Option D is incorrect because making laws is primarily the function of the legislature. Exam tip: remember appeal as review of a decision and correction of errors.

The judiciary delivers justice and protects rights. In exams, write both functions together.

Lok Adalats can settle disputes quickly and cheaply. In exams, remember speedy justice.

Fairness and transparency increase trust in the judiciary. In exams, write public confidence.

Supreme Court judgments guide legal interpretation. In exams, remember the term precedent.

A High Court can supervise subordinate courts in the state. In exams, write supervisory jurisdiction.

Free legal aid is especially useful for weaker and economically disadvantaged people who cannot afford a lawyer or the costs of litigation. It helps them approach courts and seek justice. Ministers and large businesspersons can generally bear legal expenses, so they are not the main target group. Exam tip: Link free legal aid with ‘equal access to justice’.

A key principle of natural justice is that a person must receive a fair opportunity to present their case before a decision is made against them. Therefore, both sides must be given a chance to be heard. A decision without hearing violates this principle, while a judge being a party to the case violates impartiality. Exam tip: Remember this as the principle of ‘hearing both sides’ or ‘fair hearing’.

Mandamus orders an officer to perform a legal duty. In exams, link mandamus with public duty.

In open court proceedings, members of the public and the media can generally observe hearings. This makes the judicial process more transparent and keeps the conduct of judges, lawyers and parties under public scrutiny. It does not mean that every case is open; cases involving children, sexual offences or national security may be heard privately. Exam tip: link open hearings with transparency and public confidence in the judiciary.

Delay can reduce the effectiveness of justice. In exams, explain justice delayed is justice denied.

The judiciary examines whether government laws, orders and actions conform to the Constitution and other laws. If an action is illegal or unconstitutional, a court may strike it down or issue directions against it. Contesting elections is a role of political parties and the legislature, not the judiciary. Exam tip: Link this function with judicial review and the rule of law.

Rule of law means that no person or institution is above the law, and the law applies equally in similar circumstances. The judiciary interprets laws, settles disputes, and helps ensure that everyone, including the government, acts according to law. Therefore, option A is correct. Option B is wrong because the judiciary too functions under the Constitution and law. Exam tip: Link ‘rule of law’ with ‘equality before law’.

An independent judiciary protects rights and justice in democracy. In exams, write democracy and rights together.

Independent judiciary protects rights fairly. In exams, connect it with Fundamental Rights.

The appeal system gives a chance to correct justice. In exams, remember court hierarchy and appeal.

Judicial review can stop government actions against the Constitution. In exams, connect it with checks and balances.

Certiorari can quash a wrong or jurisdiction-exceeding order. In exams, link certiorari with quash order.

Written reasons show the validity and fairness of a judgment. In exams, write reasoned judgment.

Personal connection can increase the risk of bias. In exams, link impartiality with fair justice.