Chapter 10: The Judiciary
⚖️ Complete Chapter for PSTET Paper II (Social and Political Life)
🎯 Learning Objectives for PSTET Aspirants
After completing this chapter, you will be able to:
Define judiciary and explain the need for an independent judicial system
Describe the hierarchical structure of Indian judiciary from Supreme Court to lower courts
Explain the composition, appointment, and jurisdiction of the Supreme Court of India
Understand the role and jurisdiction of High Courts, with special reference to Punjab and Haryana High Court
Differentiate between civil and criminal courts and their procedures
Analyze the concept of judicial independence and its safeguards
Explain judicial review, PIL, and landmark judgments
Identify challenges in access to justice and mechanisms like legal aid and Lok Adalats
Apply pedagogical strategies through mock trials, court visits, and discussions
10.1 Introduction to Judiciary
10.1.1 What is Judiciary?
📚 Understanding Judiciary
The judiciary is the system of courts that interprets, applies, and enforces the law in a country. It is the third organ of government, alongside the legislature (which makes laws) and the executive (which implements laws).
💡 Definition: The judiciary is the branch of government responsible for resolving disputes, interpreting laws, protecting rights, and ensuring that justice is delivered to all citizens.
🔑 Key Functions of Judiciary
| Function | Description |
|---|---|
| Dispute Resolution | Settles conflicts between individuals, organizations, and government |
| Interpretation of Laws | Explains the meaning of laws and determines their constitutionality |
| Protection of Rights | Safeguards Fundamental Rights of citizens |
| Guardian of Constitution | Ensures that all laws conform to the Constitution |
| Advisory Role | Provides advice to the executive on legal matters (in some cases) |
| Administration of Justice | Conducts fair trials and delivers judgments |
10.1.2 Need for an Independent Judiciary
🛡️ Why Independence Matters
Judicial independence means that courts and judges must be free from interference by the other branches of government (legislature and executive) and from private pressures.
| Reason | Explanation |
|---|---|
| Rule of Law | Ensures that everyone, including the government, is subject to the law |
| Impartial Justice | Judges must decide cases based on facts and law, not on who is involved |
| Protection of Rights | Courts can protect citizens from government overreach only if independent |
| Constitutional Guardian | Supreme Court can strike down unconstitutional laws only if free from pressure |
| Public Confidence | People trust the justice system when they believe judges are impartial |
🗣️ Dr. B.R. Ambedkar: "The judiciary is the guardian of the Constitution and the fundamental rights of the people. Without an independent judiciary, a democracy cannot function."
10.1.3 Rule of Law and Judicial System
📜 What is Rule of Law?
Rule of law means that no one is above the law—all citizens and institutions, including the government, are equally subject to publicly disclosed legal codes and processes.
| Principle | Implication |
|---|---|
| Supremacy of Law | Law is supreme over all individuals and institutions |
| Equality Before Law | All citizens equal before law (Article 14) |
| No Arbitrary Power | Government cannot act arbitrarily; must follow established procedures |
| Independent Judiciary | Courts enforce rule of law without fear or favor |
🌍 Source: The concept of rule of law was inherited from the British common law system, which India follows .
10.2 Structure of Indian Judiciary
10.2.1 Hierarchical Structure: Supreme Court → High Courts → District Courts → Lower Courts
🏛️ The Pyramid of Justice
The Indian judiciary follows a strict hierarchy of importance based on the order of courts, with the Supreme Court at the apex, followed by High Courts, then District Courts, and finally subordinate courts .
┌─────────────────────────┐
│ SUPREME COURT │
│ OF INDIA │
│ (Apex Court) │
└───────────┬─────────────┘
│
┌───────────▼─────────────┐
│ HIGH COURTS │
│ (25 High Courts) │
└───────────┬─────────────┘
│
┌───────────▼─────────────┐
│ DISTRICT COURTS │
│ (District & Sessions │
│ Judge) │
└───────────┬─────────────┘
│
┌───────────▼─────────────┐
│ SUBORDINATE │
│ COURTS │
│ (Civil Judge, │
│ Magistrate, etc.) │
└─────────────────────────┘10.2.2 Integrated Judicial System
🔗 Single System
India has a single integrated judicial system. Unlike the United States which has separate federal and state courts, India has one unified system with the Supreme Court at the top and High Courts and subordinate courts below it .
📝 PSTET Focus Point: Article 141 of the Constitution states that "the law declared by the Supreme Court shall be binding on all courts within the territory of India" .
10.3 Supreme Court of India
10.3.1 Composition: Chief Justice + 33 Judges (maximum)
👥 Strength of Supreme Court
| Aspect | Detail |
|---|---|
| Established | January 28, 1950 |
| Maximum Strength | Chief Justice + 33 judges (total 34) |
| Constitutional Basis | Articles 124-147 |
📊 Historical Note: The 1950 Constitution provided for one Chief Justice and 7 puisne judges. Over time, Parliament has increased the strength to meet the growing caseload .
10.3.2 Appointment of Judges
👨⚖️ Appointment Process
Supreme Court judges are appointed by the President of India after consultation with:
| Consulted Authority | Role |
|---|---|
| Chief Justice of India | Primary consultation |
| Other Supreme Court Judges | As required by law |
| Council of Ministers | Formal advice to President |
⚖️ Collegium System: Since the 1990s, appointments are made through the Collegium System—a group of senior judges led by the Chief Justice of India that recommends names to the President.
10.3.3 Qualifications and Tenure (65 years retirement)
✅ Qualifications for Supreme Court Judge
| Requirement | Detail |
|---|---|
| Citizenship | Must be a citizen of India |
| Judicial Experience | • Judge of a High Court for at least 5 years, OR • Advocate of a High Court for at least 10 years, OR • Distinguished jurist (for exceptional cases) |
⏱️ Tenure
| Position | Retirement Age |
|---|---|
| Supreme Court Judge | 65 years |
| Chief Justice of India | 65 years |
10.3.4 Removal Process: Impeachment
⚠️ Impeachment Procedure
A Supreme Court judge can be removed only on grounds of "proved misbehavior" or "incapacity" through a difficult impeachment process:
| Step | Procedure |
|---|---|
| Step 1 | Motion signed by 100 MPs (Lok Sabha) or 50 MPs (Rajya Sabha) |
| Step 2 | Motion admitted by Speaker/Chairman |
| Step 3 | Inquiry committee constituted (Supreme Court judge + Chief Justice of High Court + distinguished jurist) |
| Step 4 | If committee finds misbehavior, motion taken up in Parliament |
| Step 5 | Passed by special majority (2/3 of members present and voting AND majority of total membership) in both Houses |
| Step 6 | President issues removal order |
💡 Key Point: No Supreme Court judge has been successfully impeached in Indian history, though a few have resigned facing impeachment motions.
10.4 Jurisdiction of Supreme Court
10.4.1 Original Jurisdiction (Article 131)
🏛️ Cases that Originate in Supreme Court
Original jurisdiction means cases that can be directly filed in the Supreme Court, not through appeal.
| Category | Types of Disputes |
|---|---|
| Centre-State Disputes | Between Government of India and one or more states |
| Inter-State Disputes | Between two or more states |
| Rights Enforcement | Matters involving interpretation of the Constitution |
10.4.2 Appellate Jurisdiction (Article 132-136)
📤 Hearing Appeals
Appellate jurisdiction means the Supreme Court hears appeals against decisions of lower courts.
| Article | Type of Appeal |
|---|---|
| 132 | Constitutional matters (High Court certification required) |
| 133 | Civil matters (substantial question of law) |
| 134 | Criminal matters (death sentence cases, etc.) |
| 136 | Special Leave Petition (SLP) — Supreme Court's discretion to grant leave to appeal from any court or tribunal |
🌟 Special Leave Petition (SLP): Article 136 gives the Supreme Court extraordinary power to grant special leave to appeal from any judgment or order of any court or tribunal in India.
10.4.3 Advisory Jurisdiction (Article 143)
🤝 Advising the President
Under Article 143, the President of India can seek the Supreme Court's opinion on:
| Type | Description |
|---|---|
| Questions of Law | Any question of law or fact of public importance |
| Pre-constitutional Treaties | Matters arising from treaties or agreements made before the Constitution |
💡 Note: The Supreme Court's advisory opinion is not binding, but it carries great weight.
10.4.4 Writ Jurisdiction (Article 32) - Fundamental Rights Protection
📝 Heart and Soul of the Constitution
Article 32 gives citizens the right to directly approach the Supreme Court for enforcement of Fundamental Rights. Dr. Ambedkar called it the "heart and soul of the Constitution."
| Writ | Meaning | Purpose |
|---|---|---|
| Habeas Corpus | "To have the body" | Release from illegal detention |
| Mandamus | "We command" | Command public official to perform duty |
| Prohibition | "To forbid" | Prevent lower court from exceeding jurisdiction |
| Certiorari | "To be certified" | Quash order of lower court/tribunal |
| Quo Warranto | "By what authority" | Question legality of person holding public office |
10.4.5 Review and Curative Petitions
🔄 Review Petition
Article 137: Supreme Court has power to review its own judgments
Grounds: Error apparent on the face of the record
Time limit: 30 days from judgment
🔁 Curative Petition
Evolved by Supreme Court in Rupa Ashok Hurra v. Ashok Hurra (2002)
Filed after review petition dismissed
Prevents abuse of process and miscarriage of justice
Very rare; heard in-chambers by senior judges
10.5 High Courts
10.5.1 Number of High Courts (25 in India)
🏛️ High Courts Across India
India has 25 High Courts, with some states having common High Courts and others having separate ones .
| Region | High Court | Jurisdiction |
|---|---|---|
| North | Punjab and Haryana HC | Punjab, Haryana, Chandigarh |
| North | Delhi HC | Delhi |
| North | Allahabad HC | Uttar Pradesh |
| South | Madras HC | Tamil Nadu |
| South | Karnataka HC | Karnataka |
| East | Calcutta HC | West Bengal |
| West | Bombay HC | Maharashtra, Goa |
📝 PSTET Focus Point: High Courts are established under Article 214 of the Constitution .
10.5.2 Punjab and Haryana High Court: Jurisdiction and Location (Chandigarh)
🏛️ Punjab and Haryana High Court
🏛️ UNESCO World Heritage Site
The High Court building is part of the Capitol Complex designed by Le Corbusier, inscribed as a UNESCO World Heritage Site in July 2016 .
10.5.3 Composition and Appointment
👥 Composition
| Aspect | Detail |
|---|---|
| Maximum Strength | Varies by High Court (Punjab & Haryana: 85) |
| Chief Justice | Head of the High Court |
| Puisne Judges | Other judges |
👨⚖️ Appointment Process
High Court judges are appointed by the President of India after consultation with :
| Consulted Authority | Role |
|---|---|
| Chief Justice of India | Primary consultation |
| Chief Justice of the High Court | Consultation |
| Governor of the State | Consultation |
10.5.4 Powers and Functions
📋 High Court Powers
10.5.5 Writ Jurisdiction (Article 226)
📝 Article 226 Powers
High Courts have even broader writ jurisdiction than the Supreme Court. Under Article 226, High Courts can issue writs for:
| Scope | Description |
|---|---|
| Fundamental Rights | Enforcement of Fundamental Rights |
| Other Purposes | For any other purpose (broader than Supreme Court's Article 32) |
💡 Key Point: While Supreme Court's writ jurisdiction (Article 32) is limited to Fundamental Rights, High Courts can issue writs for any purpose, including enforcement of legal rights.
10.6 District and Lower Courts
10.6.1 District and Sessions Judge
🏛️ Apex of District Judiciary
The District and Sessions Judge is the highest judicial authority at the district level. This position combines both civil and criminal jurisdiction .
10.6.2 Civil Courts (Munsif, Civil Judge)
📋 Hierarchy of Civil Courts
📝 Procedure: The Code of Civil Procedure (CPC) 1908 governs civil court procedures . Every suit must first be instituted in the court of lowest jurisdiction .
10.6.3 Criminal Courts (Magistrate, Sessions Judge)
⚖️ Hierarchy of Criminal Courts
| Court | Jurisdiction |
|---|---|
| Sessions Judge | Tries serious offences (murder, rape, etc.) |
| Additional Sessions Judge | Assists Sessions Judge |
| Chief Judicial Magistrate | Highest magistrate court |
| First Class Magistrate | Tries offences punishable up to 3 years |
| Second Class Magistrate | Tries offences punishable up to 1 year |
📜 Legal Framework
According to Section 26 of the Code of Criminal Procedure (CrPC) , offences under the Indian Penal Code may be tried by :
High Courts
Courts of Session
Any other court as specified in the First Schedule of CrPC
10.6.4 Family Courts, Juvenile Justice Boards
👨👩👧 Specialized Courts
| Court | Purpose |
|---|---|
| Family Courts | Deal with matrimonial disputes, divorce, child custody |
| Juvenile Justice Boards | Handle cases involving minors in conflict with law |
| Fast Track Courts | Expedite trial of specific cases (e.g., crimes against women) |
10.7 Types of Law: Civil and Criminal
10.7.1 Civil Law: Disputes between Individuals (Property, Contract, Family)
📋 What is Civil Law?
Civil law deals with disputes between individuals, organizations, or between individuals and organizations, where compensation or resolution is sought, not punishment.
| Category | Examples |
|---|---|
| Property Disputes | Ownership, inheritance, land disputes |
| Contract Law | Breach of agreement, business disputes |
| Family Law | Divorce, child custody, maintenance |
| Tort Law | Negligence, defamation, nuisance |
💡 Principle: Civil courts follow the principle of ubi jus ibi remedium—"for every wrong, the law provides a remedy" .
10.7.2 Criminal Law: Offences against Society (Theft, Murder, Assault)
⚠️ What is Criminal Law?
Criminal law deals with acts that are considered offenses against society as a whole, even if committed against an individual. The state prosecutes the accused, and punishment is imposed.
| Category | Examples |
|---|---|
| Offences Against Person | Murder, assault, kidnapping |
| Offences Against Property | Theft, robbery, burglary |
| Economic Offences | Fraud, embezzlement |
| Public Order Offences | Riots, unlawful assembly |
10.7.3 Difference in Procedures and Punishments
📊 Civil vs. Criminal Law
| Aspect | Civil Law | Criminal Law |
|---|---|---|
| Purpose | Resolution of disputes; compensation | Punishment for crime; deterrence |
| Parties | Plaintiff v. Defendant | State v. Accused |
| Burden of Proof | Preponderance of evidence | Beyond reasonable doubt |
| Outcome | Judgment, decree, damages | Conviction, acquittal; sentence |
| Punishment | Monetary damages, injunction | Imprisonment, fine, death penalty |
| Code | Code of Civil Procedure (CPC), 1908 | Code of Criminal Procedure (CrPC), 1973 |
📝 PSTET Focus Point: The same act may have both civil and criminal consequences. For example, assault is a criminal offense, but the victim can also sue for damages in civil court.
10.8 Independence of Judiciary
10.8.1 Security of Tenure
🛡️ Protection from Removal
| Safeguard | Description |
|---|---|
| Fixed Tenure | Judges have fixed retirement age (65 for SC, 62 for HC) |
| Difficult Removal | Impeachment process is extremely difficult |
| No Arbitrary Removal | Cannot be removed by executive whim |
10.8.2 Separation from Executive
🚫 No Interference
| Principle | Implementation |
|---|---|
| Separation of Powers | Judiciary distinct from legislature and executive |
| No Executive Role in Adjudication | Courts decide cases without executive direction |
| Constitutional Guarantee | Article 50 requires separation of judiciary from executive |
10.8.3 Contempt Power
⚖️ Power to Punish for Contempt
| Type | Description |
|---|---|
| Civil Contempt | Willful disobedience of court order |
| Criminal Contempt | Scandalizing the court; interfering with judicial proceedings |
💡 Purpose: Contempt power ensures that court orders are respected and the authority of judiciary is maintained.
10.8.4 Appointment Process (Collegium System)
👥 How Judges are Appointed
The Collegium System is the method of appointing judges evolved through Supreme Court judgments.
| Level | Collegium Composition |
|---|---|
| Supreme Court | Chief Justice of India + 4 senior-most judges |
| High Courts | Chief Justice of High Court + 2 senior-most judges |
📜 Source of Power: The collegium system is not mentioned in the Constitution but has been established through judicial interpretation to ensure judicial independence.
10.9 Judicial Review and Activism
10.9.1 Meaning of Judicial Review
🔍 What is Judicial Review?
Judicial review is the power of courts to examine the constitutionality of legislative acts and executive orders. If found unconstitutional, they can be struck down.
| Aspect | Description |
|---|---|
| Constitutional Basis | Article 13, Article 32, Article 226, Article 131-136 |
| Scope | Legislative enactments, executive orders, constitutional amendments (limited) |
10.9.2 Scope and Limitations
📏 Extent of Judicial Review
| Area | Judicial Review Available |
|---|---|
| Legislative Acts | Yes, if they violate Fundamental Rights or Constitutional provisions |
| Executive Orders | Yes, if ultra vires or unconstitutional |
| Constitutional Amendments | Limited to "basic structure" doctrine |
📝 Basic Structure Doctrine: Evolved in Kesavananda Bharati v. State of Kerala (1973) , the Supreme Court held that Parliament cannot amend the basic structure of the Constitution.
10.9.3 Public Interest Litigation (PIL)
🤝 Justice for the Voiceless
Public Interest Litigation (PIL) is litigation filed in court for the protection of public interest, where the strict rule of locus standi is relaxed .
🌟 Landmark PILs
10.9.4 Landmark Judgments
📜 Important Supreme Court Judgments
| Case | Year | Significance |
|---|---|---|
| Kesavananda Bharati | 1973 | Basic Structure Doctrine |
| Maneka Gandhi | 1978 | Article 21 expanded; procedure must be "right, just, and fair" |
| Minerva Mills | 1980 | Balance between Fundamental Rights and DPSP |
| Indra Sawhney | 1992 | Mandal Commission; reservation limits |
| Vishaka v. State of Rajasthan | 1997 | Guidelines against sexual harassment at workplace |
| Navtej Singh Johar | 2018 | Section 377 struck down partially |
| Right to Privacy | 2017 | Privacy declared Fundamental Right |
10.10 Access to Justice
10.10.1 Legal Aid and Lok Adalats
🤝 Free Legal Services
| Mechanism | Description |
|---|---|
| Legal Services Authorities Act, 1987 | Provides free legal aid to eligible persons |
| National Legal Services Authority (NALSA) | Apex body for legal aid |
| State Legal Services Authorities | Implement legal aid at state level |
🏛️ Lok Adalats (People's Courts)
| Feature | Description |
|---|---|
| Nature | Alternative dispute resolution mechanism |
| Jurisdiction | Can settle cases pending in regular courts or pre-litigation disputes |
| Award | Deemed as decree of civil court; final and binding |
| No Appeal | No appeal against Lok Adalat award |
10.10.2 Nyaya Panchayats
🏘️ Village-Level Justice
Nyaya Panchayats are village-level courts in rural areas that provide quick and convenient access to justice .
📊 Progress: As per data, 15 states/UTs have notified 476 Gram Nyayalayas, with 257 operational in ten states .
10.10.3 Challenges: Pendency, Cost, Complexity
⚠️ Barriers to Justice
| Challenge | Description |
|---|---|
| Pendency of Cases | Over 4 crore cases pending across all courts |
| High Cost | Legal fees, court fees, travel costs make justice expensive |
| Complex Procedures | Technical rules of procedure delay justice |
| Language Barriers | Court proceedings in English may be difficult for common people |
| Lack of Awareness | People unaware of their legal rights and remedies |
10.11 Judiciary in Punjab
10.11.1 Punjab and Haryana High Court
🏛️ Key Facts
📜 Historical Evolution
The High Court was originally established as the Lahore High Court on March 21, 1919. After Partition in 1947, a separate High Court of Punjab was created at Shimla. It moved to Chandigarh on January 17, 1955. With the formation of Haryana in 1966, it was renamed the Punjab and Haryana High Court .
10.11.2 District Courts in Punjab
🏛️ District Judiciary
Each district in Punjab has a District and Sessions Court complex. For example:
| District Court | Location | Details |
|---|---|---|
| Chandigarh District Court | Sector-43 | Established November 1, 1966 |
| 30 courts functioning | ||
| About 3,000 advocates enrolled |
📋 Hierarchy in Districts
Punjab follows the standard district court structure:
District & Sessions Judge (highest)
Additional District & Sessions Judges
Civil Judges (Senior Division)
Civil Judges (Junior Division)
Chief Judicial Magistrate
Judicial Magistrates
10.11.3 Legal Aid Services in Punjab
🤝 Free Legal Services
| Organization | Role |
|---|---|
| Punjab State Legal Services Authority (PULSA) | Provides free legal aid to eligible persons |
| District Legal Services Authorities | Operate in each district |
| Taluka Legal Services Committees | At sub-division level |
10.12 Pedagogical Focus: Teaching the Judiciary
🧒 Understanding the Learner (Classes VI-VIII)
Upper primary students:
Can understand concepts of fairness and justice
Benefit from concrete examples and role-play
Learn through field visits and simulations
Need to see judiciary as relevant to their lives
🚶 Visit to District Court (if feasible)
📋 Planning a Court Visit
| Step | Activity |
|---|---|
| 1. Permission | Obtain school and parental consent; contact court administration |
| 2. Briefing | Explain court etiquette (silence, stand when judge enters) |
| 3. Observation | Observe court proceedings (criminal or civil case) |
| 4. Interaction | If possible, meet a judge or lawyer |
| 5. Debrief | Discuss observations and learnings |
🏛️ Sample Court Visit Observation Form
| Observation | Notes |
|---|---|
| Name of Court | |
| Type of Case (Civil/Criminal) | |
| Who were the parties? | |
| What was the role of the judge? | |
| What was the role of the lawyer? | |
| What was the outcome? | |
| What did you learn? |
🎭 Mock Trial in Classroom
Activity: Classroom Mock Trial
| Step | Instructions |
|---|---|
| 1. Scenario | Create a simple dispute (e.g., "Rohan's pencil was stolen by Simran") |
| 2. Assign Roles | Judge, plaintiff, defendant, lawyers, witnesses, jury (if desired) |
| 3. Prepare Arguments | Both sides prepare their case |
| 4. Conduct Trial | • Opening statements • Witness examination • Closing arguments |
| 5. Judgment | Judge delivers verdict based on evidence |
| 6. Reflection | Discuss: Was justice done? What was difficult? |
🎭 Sample Role Distribution (for class of 30-40)
| Role | Number of Students |
|---|---|
| Judge | 1 |
| Lawyers (2 for each side) | 4 |
| Plaintiff and Defendant | 2 |
| Witnesses (3-4 each side) | 6-8 |
| Court Clerk | 1 |
| Audience/Jury | Remaining |
💬 Discussion on Landmark Judgments
Activity: Judgment Analysis
| Step | Instructions |
|---|---|
| 1. Select | Choose a landmark judgment appropriate for age (e.g., Right to Education, Environmental protection) |
| 2. Summarize | What was the case about? |
| 3. Identify | What was the problem? Who were the parties? |
| 4. Discuss | What did the court decide? Why was it important? |
| 5. Connect | How does this judgment affect our lives? |
🌟 Suggested Judgments for Discussion
| Judgment | Topic | Relevance |
|---|---|---|
| Right to Education (2002) | Education as Fundamental Right | Every child's right to free education |
| M.C. Mehta (Ganga Pollution) | Environmental protection | Clean rivers, pollution control |
| Vishaka Guidelines | Sexual harassment at workplace | Safety at work |
📊 Chart Showing Court Hierarchy
Activity: Create a Court Hierarchy Chart
| Level | Courts | Jurisdiction |
|---|---|---|
| Apex | Supreme Court | Entire India |
| State Level | High Courts | Respective states |
| District Level | District & Sessions Court | District |
| Subordinate | Civil Judge, Magistrate | Sub-division/taluka |
📝 Sample Chart Format
┌─────────────────────────────────────────────────────────────┐ │ INDIAN JUDICIARY │ │ HIERARCHY │ ├─────────────────────────────────────────────────────────────┤ │ │ │ ┌─────────────────────────────────────────────────────┐ │ │ │ SUPREME COURT OF INDIA │ │ │ │ (Chief Justice + 33 Judges) │ │ │ │ Appellate, Original, Advisory, Writ │ │ │ └─────────────────────┬───────────────────────────────┘ │ │ │ │ │ ┌─────────────────────▼───────────────────────────────┐ │ │ │ HIGH COURTS │ │ │ │ (25 High Courts) │ │ │ │ Punjab & Haryana HC (Chandigarh) - 85 Judges │ │ │ │ Writ, Appellate, Original, Supervisory │ │ │ └─────────────────────┬───────────────────────────────┘ │ │ │ │ │ ┌─────────────────────▼───────────────────────────────┐ │ │ │ DISTRICT COURTS │ │ │ │ (District & Sessions Judge) │ │ │ │ Civil + Criminal jurisdiction at district level │ │ │ └─────────────────────┬───────────────────────────────┘ │ │ │ │ │ ┌─────────────────────▼───────────────────────────────┐ │ │ │ SUBORDINATE COURTS │ │ │ │ ┌───────────────┐ ┌───────────────┐ │ │ │ │ │ CIVIL COURTS │ │CRIMINAL COURTS│ │ │ │ │ │ • Civil Judge │ │ • Magistrate │ │ │ │ │ │ • Munsif │ │ • Sessions │ │ │ │ │ └───────────────┘ └───────────────┘ │ │ │ └─────────────────────────────────────────────────────┘ │ └─────────────────────────────────────────────────────────────┘
📝 Sample Lesson Plan: "Our Judicial System"
📝 Chapter Summary: Key Points for PSTET Revision
🔑 Structure of Indian Judiciary
| Level | Court | Head |
|---|---|---|
| Apex | Supreme Court (34 judges) | Chief Justice of India |
| State | High Courts (25) | Chief Justice |
| District | District & Sessions Court | District Judge |
| Subordinate | Civil Judge, Magistrate | Respective presiding officers |
🔑 Supreme Court Facts
| Aspect | Detail |
|---|---|
| Established | January 28, 1950 |
| Composition | CJI + 33 judges |
| Retirement Age | 65 years |
| Removal | Impeachment by Parliament |
🔑 Types of Jurisdiction
| Type | Description |
|---|---|
| Original | Direct cases (Centre-State disputes) |
| Appellate | Hears appeals |
| Advisory | Opinion to President (Article 143) |
| Writ | Article 32 (Fundamental Rights) |
🔑 High Court (Punjab & Haryana)
| Aspect | Detail |
|---|---|
| Location | Chandigarh (Palace of Justice) |
| Jurisdiction | Punjab, Haryana, Chandigarh |
| Strength | 85 judges (64 Permanent + 21 Additional) |
| Retirement | 62 years |
| Writ Power | Article 226 (broader than SC) |
🔑 Civil vs. Criminal Law
| Aspect | Civil | Criminal |
|---|---|---|
| Parties | Plaintiff v. Defendant | State v. Accused |
| Purpose | Compensation | Punishment |
| Proof | Preponderance of evidence | Beyond reasonable doubt |
| Codes | CPC, 1908 | CrPC, 1973 |
🔑 Key Concepts
📝 Practice Questions for PSTET Preparation
Multiple Choice Questions
The Supreme Court of India was established on:
a) January 26, 1950
b) January 28, 1950
c) August 15, 1947
d) November 26, 1949What is the current maximum strength of Supreme Court judges?
a) 31
b) 33
c) 34
d) 25The retirement age for a High Court judge is:
a) 65 years
b) 62 years
c) 60 years
d) 58 yearsWhich Article of the Constitution deals with the advisory jurisdiction of the Supreme Court?
a) Article 32
b) Article 136
c) Article 143
d) Article 226The Punjab and Haryana High Court is located in:
a) Ludhiana
b) Amritsar
c) Chandigarh
d) PatialaHow many High Courts are there in India?
a) 21
b) 24
c) 25
d) 28A case involving theft would be tried under:
a) Civil Law
b) Criminal Law
c) Family Law
d) Constitutional LawWhich writ is filed for illegal detention?
a) Mandamus
b) Certiorari
c) Habeas Corpus
d) Quo WarrantoThe power of judicial review is derived from:
a) Article 13
b) Article 32
c) Article 226
d) All of the aboveLok Adalats are based on which principle?
a) Adversarial system
b) Alternative dispute resolution
c) Inquisitorial system
d) Jury system
Short Answer Questions
What is the hierarchy of courts in India?
Differentiate between civil law and criminal law.
What is Public Interest Litigation (PIL)? How is it different from ordinary litigation?
Explain the writ jurisdiction of the Supreme Court under Article 32.
Describe the composition and jurisdiction of the Punjab and Haryana High Court.
Long Answer Questions
Discuss the structure of the Indian judiciary from Supreme Court to subordinate courts with the help of a diagram.
Explain the various types of jurisdiction of the Supreme Court of India.
What is meant by independence of judiciary? What safeguards ensure judicial independence in India?
Analyze the role of High Courts in the Indian judicial system with special reference to their writ jurisdiction.
As a teacher, how would you help students understand the functioning of courts? Describe any two pedagogical activities.
✅ Chapter Completion Checklist
Before moving to Chapter 11, ensure you can:
Explain the hierarchical structure of Indian judiciary
Describe composition and jurisdiction of Supreme Court
Recall Supreme Court judge strength (34) and retirement age (65)
Explain five types of jurisdiction
Describe Punjab and Haryana High Court (location, strength, jurisdiction)
Differentiate between civil and criminal law
Explain writs under Article 32
Explain judicial review
Describe access to justice mechanisms (Legal Aid, Lok Adalats)
Plan a mock trial activity
Create a court hierarchy chart
🔗 Online Resources for Further Learning
| Resource | Description | Link/How to Find |
|---|---|---|
| Supreme Court of India | Official website | sci.gov.in |
| Punjab and Haryana High Court | Official website | highcourtchd.gov.in |
| District Courts, Chandigarh | District court information | chandigarhdistrict.nic.in |
| NALSA | Legal aid information | nalsa.gov.in |
| Indian Kanoon | Free legal database | indiankanoon.org |
| PRS India | Legislative and judicial analysis | prsindia.org |
🎓 Prepared for PSTET Aspirants
This chapter provides comprehensive coverage of "The Judiciary" as per PSTET Paper II syllabus. Understanding the structure, jurisdiction, and functioning of courts—with special reference to Punjab and Haryana High Court—is essential for both the exam and your future teaching. The pedagogical activities, especially mock trials and court visits, will help students understand the real-world functioning of our judicial system. Remember that as a teacher, you are not just teaching about courts—you are helping create informed citizens who understand their rights and the mechanisms to protect them.
