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Class 8 Judiciary is an important chapter in the syllabus of social science as it familiarises students with how the judiciary functions in India, its roles in the legal system and the structure of courts in our country. You will also learn about the various branches of the legal infrastructure of India thus getting a gist of how it functions. We have summarised Class 8 Judiciary notes in this blog along with its PDF as well as important questions and answers.
Download Social Science Class 8 Civics Chapter 5 Important Questions and Answers PDF
[powerkit_toc title=”This Blog Includes:”]Important Definitions in NCERT Class 8 Chapter 5
- Acquit: This refers to the court declaring that a person is not guilty of the crime which
- he/she was tried for by the court.
- To Appeal: In the context of this chapter this refers to a petition filed before a higher
- court to hear a case that has already been decided by a lower court.
- Compensation: In the context of this chapter this refers to money given to make
- amends for an injury or a loss.
- Eviction: In the context of this chapter this refers to the removal of persons from land/
- homes that they are currently living in.
- Violation: In the context of this chapter it refers to the act of breaking a law as
- well as to the breach or infringement of Fundamental Rights.
Important Short Notes in NCERT Class 8 Chapter 5
What is the Judiciary?
In India, we have the rule of law which means that laws apply equally to all people and that a certain set of fixed procedures need to be followed when a law is violated. To enforce this rule of law, we have a judicial system that consists of the mechanism of courts that a citizen can approach when a law is violated. The judiciary is a part of the government and plays a crucial role in the functioning of India’s democracy.
Check Out: Law And Social Justice Class 8
Role of the Judiciary
Courts make decisions on a very large number of cases. As per Class 8 Judiciary, the role of the judiciary can be divided into the following:
- Dispute Resolution – The judicial system provides the mechanism for resolving disputes between citizens, between citizens and the government, between two state governments and between the centre and state governments.
- Judicial Review – As the final interpreter of the Constitution, the judiciary also has the power to strike down particular laws passed by the Parliament if it believes that these are a violation of the basic structure of the Constitution which is called judicial review.
- Upholding the Law and Enforcing Fundamental Rights – Every citizen of India has the right to approach the Supreme Court or the High Court if they believe that their Fundamental Rights have been violated.
Must Read: Why Do We Need a Parliament Class 8 Study Notes
Independent Judiciary
Class 8 Judiciary notes that the lack of independence would force a judge to make all judgments in favour of the people in power. Therefore the Indian Constitution protects against this kind of situation by providing for the independence of the judiciary. Let’s understand how an independent judiciary works:
- Under the importance of the independence of the judiciary, the ‘separation of powers’ is a key feature of the Constitution. It means that other branches of government – the legislature and the executive cannot interfere in the work of the judiciary on any level. The courts are not under the government and do not act on their behalf. For this separation to work, it is also crucial that all judges in the High Court, as well as the Supreme Court, are appointed with very little interference from these other branches of government. Once appointed to this office it is very difficult to remove a judge.
- It is the independence of the judiciary that allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive. It also plays a crucial role in protecting the Fundamental Rights of citizens because anyone can approach the courts with their grievance.
Structure of Courts in India
As per Class 8 Judiciary, there are three different levels of courts in our country:
- The courts that most people interact with are what are called subordinate or district courts which are usually at the district or Tehsil level or in towns and they hear many kinds of cases. Each state is divided into several districts that are presided over by a District Judge.
- Each state has a High Court which is the highest court of that state.
- At the top is the Supreme Court which is located in New Delhi and is presided over by the Chief Justice of India. The decisions made by the Supreme Court are binding on all courts in India.
All the courts are connected with each other because we have an integrated judicial system which means that the decisions made by higher courts are binding on the lower courts. Another way to understand this integration is through the appellate system that exists in India which means that a person can appeal to a higher court if they believe that the judgment passed by the lower court is not just.
Different Branches of the Legal System
The legal system deals with civil law cases and criminal law. Dowry’s death falls within what is considered a ‘crime against society’ and is a violation of criminal law. Some differences between criminal and civil law are given below –
- Deals with conduct or acts that the law defines as offences. For example – theft, harassing a woman to bring more dowry, murder etc.
- It usually begins the lodging of a First Information Report (FIR) with the police who investigate the crime after which a case is filed in the court.
- If found guilty the accused can be sent to jail and also be fined.
Civil Law
- Deals with any harm or injury to the rights of individuals. For example – disputes relating to the sale of land, purchase of goods, rent matters, divorce cases.
- A petition has to be filed before the relevant court by the affected party only. For example, in a matter of rent, only the landlord or the tenant can file a case.
- The court gives the specific relief asked for. For instance – in a case between a landlord and a tenant the court can ask for the flat to be vacated and pending rent to be paid.
Also Read – Best Law Colleges in India
Does Everyone Have Access to the Courts?
In principle, all the citizens of India can access the courts in the country. This implies that every citizen has a right to justice through the courts since the courts also play a very significant role in protecting our Fundamental Rights. If any citizen believes that their rights are being violated then they can approach the court for justice to be done. While the courts are available for all in theory the reality is quite different. In reality, access to courts has always been difficult for a vast majority of the poor people in India. Legal procedures involve a lot of money and paperwork as well as take a lot of time. For a poor person who cannot read and whose family depends on a daily wage the idea of going to court to get justice often seems remote.
Public Interest Litigation (PIL)
For this, the Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL which allowed any individual or organization to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated. The legal process was greatly simplified and even a letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL. In the early years, PIL was used to secure justice on a large number of issues such as rescuing bonded labourers from inhumane work conditions and securing the release of prisoners in Bihar who had been kept in jail even after their punishment term was complete. Even the mid-day meal that children now receive in government schools and government-aided schools is because of a PIL. The courts exercise a crucial role in interpreting the Fundamental Rights of citizens and as you saw in the above case, the courts interpreted Article 21 of the Constitution on the Right to Life to include the Right to Food. They ordered the State to take certain steps to provide food for all including the mid-day meal scheme.
However, there are also court judgments that people believe work against the best interests of the common person. Another issue that affects the common people’s access to justice is the inordinately long number of years that courts take to hear a case. The phrase “justice delayed is justice denied” is often used to characterize this extended time period that courts take. In spite of this, there is no denying that the judiciary has played a crucial role in democratic India serving as a check on the powers of the executive and the legislature as well as in protecting the Fundamental Rights of citizens. The members of the Constituent Assembly had quite correctly envisioned a system of courts with an independent judiciary as a key feature of our democracy.
Important Questions and Answers in NCERT Class 8 Chapter 5 Judiciary
Q.1 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?
Ans: An independent judiciary is necessary to carry out the function of ‘upholding the law and enforcing Fundamental Rights’. It intends to shield the judicial process from external influences and provide full legal protection to all individuals going to court for whatever reason.
Anyone can approach the courts if they believe that their rights have been violated. If any law passed by the Parliament violates anyone’s Fundamental Rights, the judiciary has the power to declare such law null and void.
Q.2 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?
Ans: The Right to Constitutional Remedies connects to the idea of judicial review in its capacity of protecting the rights of an individual against the working of the State legislature or executive. It allows citizens to move the court if they think that their fundamental rights are being violated by the State administration. The judicial review implies the invalidation of legislative or executive action if it is seen to violate fundamental rights. Hence, judicial review and the Right to Constitutional Remedies are interconnected because judicial review is practised when any fundamental Right is violated by the State. In this case, a higher court can repeal the judgments of a lower court based on its own investigation.
Q.3 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 the class.
Ans:
- Lower Court (Trial Court): Laxman, his mother Shakuntala and his brother-in-law Subhash Chandra were sentenced to death.
- High Court: Laxman, Shakuntala and Subhash Chandra were acquitted.
- Supreme Court: Laxman and Shakuntala were given life imprisonment, while Subhash Chandra was acquitted for lack of sufficient evidence.
Q.4 Keeping the Sudha Goel case in mind, tick the sentences that are true and correct the ones that are false.
(a) The accused took the case to the High Court because they were unhappy with the decision of the Trial Court.
(b) They went to the High Court after the Supreme Court had given its decision.
(c) If they do not like the Supreme Court verdict, the accused can go back again to the Trial Court.
Ans
(a) True
(b) False. They went to the High Court after the Trial Court had given its decision.
(c) False. If they do not like the Supreme Court verdict, the accused cannot go back to the Trial Court because the Supreme Court is the highest court in the judiciary pyramid.
Q.5 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?
Ans: The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice. It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were violated. The legal process was greatly simplified, and even a letter or telegram addressed to the Supreme Court, or the High Court could be treated as a PIL. In the early years, PIL was used to secure justice on a large number of issues, such as rescuing bonded labourers from inhuman work conditions; one such example is securing the release of prisoners in Bihar who had been kept in jail even after their punishment term was complete.
Thus, the introduction of Public Interest Litigation is a significant step in ensuring access to justice for all.
Q.6 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.
Ans: In the Olga Tellis vs Bombay Municipal Corporation case, the judges stated that the Right to Livelihood was part of the Right to Life. They stated that life does not merely mean an animal’s existence; it cannot be lived without a means of livelihood. In the above-mentioned case, people were poor and lived in slums; they had small jobs and no other place to live. For them, eviction from their slum means deprivation of their livelihood, which consequently means deprivation of life. This is how judges connected the right to life to the basic requirements of any livelihood, i.e. Food, Clothes and shelter.
Q.7 Make sentences with each of the glossary words given on the next page.
Acquit, To appeal, Compensation, Eviction, Violation.
Ans:
- Acquit: The jury decided to acquit the defendant on the grounds of lack of sufficient evidence to convict them of the crime.
- To Appeal: The defendant decided to appeal to the Supreme Court after their lawyer said the court’s decision was not correct.
- Compensation: In compensation for the trouble caused by to flight delay, the airlines granted the victim fifty thousand rupees.
- Eviction: The couple faced eviction because they failed to pay the monthly instalments to the bank.
- Violation: The office staff protested the company for the violation of their rights.
Explore CBSE Civics Class 7 Notes
FAQs
The judiciary is the system of interconnected courts that administers justice in the name of the state. It is the mechanism for the resolution of disputes and the pronouncement of punishment to the guilty.
Courts make decisions on a very large number of issues. The work of the judiciary can be divided into the following – Dispute Resolution, Judicial Review and Upholding the Law and Enforcing Fundamental Rights
There are three different levels of courts in our country:
1. The courts that most people interact with are what are called subordinate or district courts which are usually at the district or Tehsil level or in towns and they hear many kinds of cases.
2. Each state is divided into several districts that are presided over by a District Judge.
Each state has a High Court which is the highest court of that state.
3. At the top is the Supreme Court which is located in New Delhi and is presided over by the Chief Justice of India. The decisions made by the Supreme Court are binding on all courts in India.
The full form of PIL is Public Interest Litigation.
Acquit means that the court declared a person as innocent and free of the charges that they were being tried for. An appeal is a petition which is filed before a higher court to listen to a case that had previously been judged by a lower court.
The six major fundamental rights given in the Constitution of India are:
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of accepting any religion
5. Cultural and educational rights
6. Right to constitutional remedies
Every citizen of India has a right to justice through the courts. However, access to courts is still difficult for a vast majority of the poor in India as it involves a lot of money, paperwork as well and time.
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Very helpful for me
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Tomorrow i have exam and it helps me a lot😌 thank u❤️🤗
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Very helpful for me
Tomorrow i have exam and it helps me a lot😌 thank u❤️🤗