Judiciary

What is the Judiciary?

The Judiciary is a crucial pillar of any country’s democracy. It is responsible for the interpretation and protection of the constitutional laws. It works independently of the executive and legislative to ensure the checks and balances within the functioning of the government. The Indian judicial system is hierarchical, starting with the Supreme Court as the apex court, followed by High courts in the states and district level courts and tribunals. Further, it plays an important role in protecting the citizens’ rights and maintaining the rule of law and justice. For law aspirants, the knowledge of judicial structure, powers and functioning is important for competitive exams like CLAT, Judiciary services examinations etc.

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Functions of Judiciary

Understanding the Judiciary in India is important for law aspirants for the preparation of competitive exams. It forms a fundamental part of legal knowledge. The Judiciary is the protecting guardian of the constitution and rule of law. Consequently, it becomes important for the understanding of the structure, powers and function of the judiciary. Being expert in this topic not only helps in clearing the exams but also prepares the students to engage in the legal principles and judicial processes in detail. Here are the importance of judiciary:

1. Understanding Constitutional Protectors: The judiciary makes sure that the constitutional rights are intact. Hence, understanding its role makes aspirants have the knowledge of the mechanisms by which individual freedoms and rights are maintained in the different challenges present.

2. Relevant for the exams: Judiciary as a topic has frequently appeared in various exams like CLAT, AIBE and Judicial Services etc. Solving these questions becomes more crucial and important to get a good score and clear the exams.

3. Important for Legal Interpretation: The role of judiciary is to interpret the laws and resolve uncertainty in the legislation. Having the knowledge how courts interpret legislations and constitution always helps the aspirant in developing legal reasoning which is important skill for both exams and practice.

Judiciary Syllabus

The syllabus of the judiciary is important for the law aspirants preparing for the competitive exams. It covers a varied range of topics which gives an in-depth knowledge of India’s legal and governance systems. It is inclusive of the composition, powers and functioning of India's legal system. It includes the composition, powers, and functions of key institutions such as the Parliament, Supreme Court, and President of India, along with insights into Parliamentary Committees, Lok Sabha, Rajya Sabha, and the National Commissions for SC and ST. Further, it examines the qualifications, powers, and impeachment process of the President, and delves into the meaning and types of justice which lays a strong fundamental legal study. Here is the syllabus of the judiciary:

1. Parliamentary Committees

2. Parliament Powers & Functions

3. Supreme Court of India

4. Parliament of India

5. Lok Sabha of India

6. Composition of Lok Sabha and Rajya Sabha

7. Rajya Sabha of India

8. National Commission for SC, ST

9. President of India (Qualification/Eligibility, Term of office, Oath, Powers and functions and impeachment )

10. Justice - Meaning and its Types

Brief Description of Chapters in Judiciary

1. Parliamentary Committees: Parliamentary Committees are important bodies in the Indian parliamentary system. It is responsible for carefully examining bills, budgets and policies in detail. These committees are inclusive of the Standing committees and Ad Hoc Committees which help in improving the efficiency of the parliament along with the parliament. It is done through examination of the legislative proposals and actions taken by governments. Their work functioning makes sure that Parliament works smoothly and effectively. As they manage the complex task of conducting investigations and suggest required changes. For the aspirants preparing for the competitive exams, getting in-depth knowledge of the structure and functioning of the Parliamentary Committees is crucial.

2. Parliament Powers & Functions: The Parliament of India has important powers and functions, which makes it the apex legislative body in the country. Its fundamental role is to legislate which is inclusive of making, amending, and repealing laws. Also, it has financial powers, which are to give the approval for budgets and controlling government expenditure. Further, it has executive accountability through mechanisms like questioning ministers and debating policies. Moreover, its functions also extend to judicial powers, including the impeachment of the President and removal of judges. Knowing the powers and functions is important for law aspirants as it forms a foundational component of Indian Constitutional law and has been frequently asked in competitive exams in India.

3. Supreme Court of India: The Supreme court of India is the apex judicial authority in India. It serves as the final court of appeal and protector of the Indian constitution. It holds the power to hear constitutional matters, resolve disputes between states and the Centre, and protect fundamental rights by the way of writ jurisdiction. Further, the Supreme court plays an important role in interpreting laws and giving important judgements that help in shaping the Indian jurisprudence. For law aspirants the knowledge of the powers, structure, and role of the Supreme Court is important for competitive exams.

4. Parliament of India: The Parliament of India is the apex legislative body of India. It consists of two houses first, the Lok Sabha and the Rajya Sabha. It plays an important role in the lawmaking, governance and supervising the executive process. Parliament is further responsible for the budgetary approval and financial supervision making sure there are checks and balances within the government. For law students, understanding the functioning of the parliament of India is most important for getting the knowledge of the legislative process in India.

5. Lok Sabha of India: The Lok Sabha, also known as House of People is the lower house of the Indian Parliament. It directly elects its members through public elections. It plays an important role in the lawmaking process apart from budgetary approval and representation of the public’s interests. It having a maximum of 552 members has an important legislative power making it an important topic for law aspirants to study for competitive exams in India.

6. Composition of Lok sabha and Rajya Sabha: The Lok Sabha is composed directly by electing its members public through holding elections in various constituencies across India. It has a maximum strength of 552 members. On the other hand Rajya Sabha also being called Council of states is the house which represents the representatives of the state and union territories. These representatives are elected through state legislatures and the President's appointment. It has the maximum strength of 250 members. As a law student, getting the knowledge of the composition of these two houses is important. As it lays down the legislative process in India.

7. Rajya Sabha of India: The Rajya Sabha is considered as the upper house of the Indian parliament. It is composed of a maximum of 250 members, which gets elected by the state and union territories’ legislatures along with some appointments done by the President of India of the person experts in various fields of literature, science and arts. The Rajya sabha is a house which represents states and union territories becoming an important part for the legislative review making sure the federal balance. Studying about Rajya sabha becomes important for the law aspirants as it is an inseparable part of Indian Parliament along commonly being asked in competitive exams.

8. National Commission for SC, ST: The National Commission for SC and ST is an independent body which was established for promoting and protecting the welfare of SCs and STs. It does investigations and monitoring on the grievances related rights of SCs and Sts along with making policy improvement recommendations. These recommendations make sure that the laws are in compliance to protect the rights and welfare of SCs and STs. For a law student, studying the roles and functions of this commission becomes important to understand how India addresses the problem in Social Justice.

9. President of India (Qualification/Eligibility , Term of office, Oath, Powers and functions and impeachment ): The President of India acts as the formal head of the country. It gets elected by an electoral college for 5 years. The eligibility for it requires a person to be an Indian citizen and minimum of 35 years old. The president takes oath to protect and uphold the constitution and various powers including power to appoint the Prime Minister, pardoning power and heading the command of the armed forces. Impeachment or removal of the President can happen for violation of the constitution, which requires 2/3rd majority in both houses of Parliament. Having an in-depth knowledge of these chapters becomes important for any law aspirants as the President is the centre for constitutional law.

10. Justice - Meaning and its Types: Justice in the legal scenario means the principle of fairness and administration of laws making sure there is equality for all individuals. It includes various types which are inclusive of distributive justice (fair allocation of resources), procedural justice (fair processes in legal proceedings), and retributive justice (punishment for wrongdoing). Getting expertise in this concept helps the law students to form the foundation of legal theory and get frequently asked in examinations.