NCERT Judiciary class 11 chapter for UPSC , SSC , RRB , NTPC , RAILWAY
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NCERT Judiciary class 11 chapter for UPSC , SSC , RRB , NTPC , RAILWAY
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Judiciary — NCERT Class 11: Indian Constitution at Work
Judiciary is an important organ of government. It interprets the Constitution and laws, settles disputes, protects Fundamental Rights, and ensures that government functions according to the Rule of Law.
1. Independent Judiciary
India has an independent judiciary so that judges can give decisions without political pressure from the legislature or executive.
Judicial independence is important for:
Protection of Fundamental Rights
Rule of Law
Constitutional Supremacy
Fair Justice
Independence does not mean judges are above the Constitution; they are bound by it.
2. Structure of Indian Judiciary
India has a single integrated judicial system:
Supreme Court → High Courts → District & Subordinate Courts
The Supreme Court is the highest court of the country.
3. Supreme Court
The Supreme Court has several important jurisdictions:
Original Jurisdiction:
Deals directly with certain disputes, especially disputes between the Union and States or between States.
Appellate Jurisdiction:
It is the highest court of appeal.
Advisory Jurisdiction:
Under Article 143, the President can seek the Court's opinion on important questions.
Writ Jurisdiction:
Under Article 32, the Supreme Court can issue writs for enforcement of Fundamental Rights.
Five important writs are:
Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.
4. High Courts
High Courts operate below the Supreme Court and above subordinate courts.
Under Article 226, High Courts can issue writs for the protection of Fundamental Rights and for other constitutional/legal purposes.
5. Judicial Review
Judicial Review is the power of courts to examine whether laws and executive actions are consistent with the Constitution.
If a law violates the Constitution, the judiciary can declare it unconstitutional to the extent of the inconsistency.
Thus, judicial review protects constitutional supremacy.
6. Judicial Activism
Judicial Activism refers to an active role played by courts in interpreting the Constitution and protecting rights.
It is particularly associated with:
Public Interest Litigation (PIL)
Expansion of Fundamental Rights
Protection of vulnerable sections
Environmental and human-rights issues
However, it raises the question of how far courts should intervene in matters belonging to the legislature and executive.
7. Public Interest Litigation
PIL made it easier for matters affecting the public interest to reach constitutional courts.
It has been important in cases concerning:
Prisoners
Bonded labour
Environment
Human rights
Disadvantaged groups
8. Judicial Independence and Removal
Judges enjoy constitutional safeguards to protect their independence. A Supreme Court judge cannot be removed simply because the government disagrees with a judgment.
Removal follows a special constitutional process based on proved misbehaviour or incapacity.
9. Separation of Powers
Broadly:
Legislature → Makes laws
Executive → Implements laws
Judiciary → Interprets laws and Constitution
These organs also exercise checks and balances over one another.
10. Independence and Accountability
A good judiciary requires both:
Judicial Independence — freedom from improper political influence.
Judicial Accountability — responsibility to the Constitution, law and appropriate institutional standards.
Core Idea
The judiciary ensures that majority rule does not become unlimited rule.
Constitution → Supreme Law
Judiciary → Protects and interprets Constitution
Judicial Review → Controls unconstitutional action
Fundamental Rights → Protected by Courts
Important Terms
Judicial Independence, Supreme Court, High Courts, Judicial Review, Judicial Activism, PIL, Fundamental Rights, Rule of Law, Constitutional Supremacy, Separation of Powers, Checks and Balances, Judicial Accountability.