RBSE Class 11 Political Science Notes Chapter 6 Judiciary

These comprehensive RBSE Class 11 Political Science Notes Chapter 6 Judiciary will give a brief overview of all the concepts.

RBSE Class 11 Political Science Chapter 6 Notes Judiciary

→ Meaning of Judiciary
Judiciary is the third organ of the government. Without Judiciary, there can be no State worth the names. Its function is to do justice. The Judiciary decides disputes between the citizens and between the state and citizen. The Judiciary has the duty to punish all those people who break the law.

→ Need of Independent Judiciary
Independence of judiciary is essential to maintain the impartiality of judges. The judges can perform their duties fearlessly only in the atmosphere of independence. Only independent judiciary can provide fair and speedy justice. It is an independent judiciary alone which can secure the Fundamental Rights of the citizens granted by the Constitution.
 
→ Meaning of Independence of Judiciary
Independence of judiciary means that it should be efficient, honest and not under the control of the executive or the legislature. The judges should be free to decide cases according to law in a bold and fearless manner. He should be granted independence of Judicial tenure so that he should be able to administer justice with impartiality and according to the law.

→ Factors for the independence of judiciary:
(а) Appointment of judges: Appointment of judges should be on merit basis.
(b) Separation from the Executive: The judiciary should be kept free from the influence of the executive. 

→ Composition of the Supreme Court
At the time of the commencement of the Constitution, the Supreme Court consisted of eight judges including the Chief Justice. In 1956, the maximum number of judges was raised to eleven, including the Chief Justice. This number was again raised in 1960 to fourteen including the Chief Justice. In April 1986, the number of judges was increased from 17 to 25. In July 2019, the number of judges was again increased from 30 to 33. Thus, at present, the Supreme Court consists of one Chief Justice and 33 other judges. Article 127 (I) makes provision for the appointment of ad hoc judges also.

→ jurisdiction of Supreme Court
The Supreme Court has three types of Jurisdiction.
(a) Original Jurisdiction: Original jurisdiction means cases which start in the Supreme Court and regarding which the Supreme Court has exclusive jurisdiction.
(b) Appellate Jurisdiction: The appellate jurisdiction of the Supreme Court can be divided into three main parts - Constitutional, Civil and Criminal.
(c) Advisory Jurisdiction: The Supreme Court has the power to advise the President on legal matters but advice of the Supreme Court is not binding on the President.
 
→ Composition of High Court
There is a Chief Justice and some other judges in a High Court. Their number is not fixed. The President decides the number from time to time. The Chief Justice and other judges of the High Court are appointed by the President. But in doing so, he consults the Governor of the State and the Chief Justice of the Supreme Court. If the High Court has surplus work or its work has been increased temporarily, the President can appoint additional judges on ad hoc basis for a period of two years. If a judge abstains for a long time or is incapable of his work, the President can appoint an acting judge in his place.

→ Meaning of Judicial Review
The essence of Judicial Review is the competence of a Court of law to declare the constitutionality or otherwise of a legislative enactment. Judicial Review means the power of the courts to review the acts and other orders of the legislative and executive wings of the government and to declare them, when challenged by the affected person, null and void if they are against the provision of the Constitution. According to Dimock, “Judicial review is the examination by the Court in case actually before them, of legislative states and executives or administrative acts to determine whether or not they are prohibited by a written Constitution or are excess of power granted it.”