Question:
What are the procedures that have to be followed if the criminal trial has to be a Fair Trial?
Answer:
A copy of the charge sheet and all other evidence has to be given to the accused. The trial has to be held in an open court, in public view and should be in the presence of the accused. The accused has to be given a lawyer to defend himself in case he cannot afford to employ a lawyer. The Prosecution has to prove beyond doubt the guilt of the accused and the Judge has to pass the judgement only on the basis of the evidence before the court.
Judiciary
Q 1.
If they do not like the Supreme Court verdict, the accused can go back again to the Trial Court.
Q 2.
What are the guidelines that the police have to follow during investigation?
Q 3.
What is the structure of the judicial system of India?
Q 4.
What is the role of the police in the Criminal Justice System?
Q 5.
Define the term 'Criminal Justice System'.
Q 6.
Who is a Prosecutor?
Q 7.
Write a brief note on the independence of the judiciary.
Q 8.
What is the role of the judge in the Criminal Justice System?
Q 9.
Why is the Prosecutor called a Public Prosecutor?
Q 10.
What does judiciary mean?
Q 11.
What do you understand by the word 'law'?
Q 12.
What are the procedures that have to be followed if the criminal trial has to be a Fair Trial?
Q 13.
Mention the branches of the Legal system.
Q 14.
What is "Public interest Litigation"?
Q 15.
You read that one of the main functions of the judiciary is 'upholding the law and Enforcing Fundamental Rights’. Why do you think an independent judiciary is necessary to carry out this important function?
Q 17.
Re-read excerpts from the judgment on the Olga Tellis vs Bombay Municipal Corporation case. Now write in your own words what the judges meant when they said that the Right to Livelihood was part of the Right to Life.
Q 18.
Re-read the list of Fundamental Rights provided in Chapter 1. How do you think the Right to Constitutional Remedies connects to the idea of judicial review?
Q 19.
Why do you think the introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring access to justice for all?
Q 20.
Write a brief note on the criminal procedure in the Criminal Justice System in India.
Q 21.
What is the'appellate system'?
Q 22.
How is the work of the judiciary categorised?
Q 23.
In the following illustration, fill in each tier with the judgments given by the various courts in the Sudha Goel case. Check your responses with others in class.
Q 24.
What are D.K. Basu Guidelines?
