give an example to prove that people believe that some court judgement works against the best interest of the common man
Answers
Explanation:
Introduction
When you read a newspaper, you come across certain articles that mention the work of courts in our country. These courts are needed to uphold the ‘Rule of Law.’ Every person is equal in the eyes of law and if he/she violates the law, a particular set of fixed procedures has to be followed. To enforce these rules, India has its own Judicial System. Under this system, there is a mechanism of courts that people can approach if they come across cases of laws being violated.
The Judiciary is an organ of the government. It has a crucial role in the smooth functioning of Indian democracy because it is independent.
What is the Role of Judiciary?
A Court needs to make decisions regarding a number of cases. It can decide varied matters like how the water of a river will be shared between two states, what punishment should be awarded to a corrupt politician or if physical punishment needs to be banned in educational institutions or not.
Supreme Court of India
The work down by Judiciary is divided as follows:
Dispute Resolution: The Indian judicial system provides a mechanism to resolve any dispute that can arise between government and citizens, between citizens, between the state and the central government and between two states.
Judicial Review: The Judiciary is considered as the final interpreter of the Indian Constitution. It has even got the power to strike down a law passed by the Parliament if it believes that there was a violation of the constitution in that case. This process is known as ‘Judicial Review.’
Enforcing Fundamental Rights and Upholding the Laws: If a citizen believes that his fundamental right has been violated, in that case he can approach the High Court of the respective state or the Supreme Court.
For example, in class VII you had studied the labourer’s case who had got injured. Since several hospitals refused to admit him, his condition had worsened. He filed his case in the Supreme Court. The judges ruled that Article 21 provides every person the ‘Right to Live’ which is a Fundamental Right. It also involves the ‘Right to Health’. Further, it directed the West Bengal government to pay the compensatory amount to the labourer. It also asked the government to come up with a blueprint regarding primary health care where the patients could be directly treated during a period of emergency. [Paschim Banga Khet Mazdoor Samity vs State of West Bengal (1996)]
Madras High Court
The first high courts were set up by the British in the Presidencies of Madras, Calcutta and Bombay in 1862. The Delhi High Court was established in 1966. Currently, India has 25 HCs. While several states have their own HCs. The states of Punjab and Haryana have a common high court at Chandigarh. The North Eastern states such as Assam, Arunachal Pradesh, Mizoram and Nagaland have a common HC located at Guwahati. Telangana (Hyderabad) and Andhra Pradesh (Amravati) have separate HCs from January 1, 2019. For better accessibility, few HCs have their benches in different cities. For example, the Maharashtra HC has its bench in Nagpur apart from Mumbai. Similarly, the Gauhati High Court represents states such as Nagaland, Arunachal Pradesh, Mizoram apart from the State of Assam.
What is an Independent Judiciary?
Suppose that a powerful politician has illegally occupied a land that belongs to your family. Within that judicial system, the politician has the power to appoint or dismiss any judge. It is clear that the judge may be partial in this case, fearing dismissal.