Test: Judiciary - 1 - Class 8 MCQ

One of the primary functions of the judiciary, as highlighted in the text, is dispute resolution. This involves resolving conflicts between citizens, between citizens and the government, between state governments, and between the center and state governments. It plays a crucial role in maintaining order and justice within a society.

Topic in NCERT: Dispute Resolution

Line in NCERT: "Dispute Resolution: The judicial system provides a mechanism for resolving disputes between citizens, between citizens and the government, between two state governments and between the centre and state governments."

According to the text, every citizen of India can approach the Supreme Court or the High Court if their fundamental rights have been violated. This underscores the importance of the judiciary in safeguarding the constitutional rights of individuals and ensuring that justice is accessible to all members of society.

Topic in NCERT: Upholding the Law and Enforcing Fundamental Rights

Line in NCERT: "Every citizen of India can approach the Supreme Court or the High Court if they believe that their Fundamental Rights have been violated."

The judiciary is vested with the power of judicial review as outlined in the text. This power allows the judiciary to interpret the Constitution and strike down laws passed by the legislative branch if they are deemed to contravene the basic structure of the Constitution. Judicial review serves as a crucial mechanism for upholding the principles enshrined in the Constitution.

Topic in NCERT: Judicial Review

Line in NCERT: "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. This is called judicial review."

The judiciary plays a critical role in upholding the rule of law by enforcing fundamental rights, as stated in the text. By allowing citizens to seek legal recourse when their fundamental rights are infringed upon, the judiciary acts as a safeguard against potential abuses of power and ensures that the principles of justice and equality are upheld within the legal framework.

Topic in NCERT: Access to Justice

Line in NCERT: "For the common person, access to courts is access to justice. The courts exercise a crucial role in interpreting the Fundamental Rights of citizens..."

The primary distinction of the Supreme Court of India is that its decisions are binding on all other courts in the country. As the highest judicial body, its rulings set legal precedents that must be followed by lower courts. This feature underscores the Supreme Court's authority and its role in upholding the rule of law nationwide.

Topic in NCERT: What is the Structure of Courts in India?

Line in NCERT: "The decisions made by the Supreme Court are binding on all other courts in India."

The Independence of the Judiciary is crucial in preventing the misuse of power by the government. By maintaining independence from the legislative and executive branches, the judiciary can act as a check on potential abuses of authority. This separation of powers ensures a system of checks and balances, safeguarding the rights and liberties of citizens.

Topic in NCERT: The Judiciary

Line in NCERT: "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."

The court that directly interacts with the majority of the population in India is the District Court. Also known as subordinate or Tehsil level courts, these local courts handle a wide range of cases at the grassroots level and are often the first point of contact for individuals seeking legal recourse or resolution.

Topic in NCERT: What is the Structure of Courts in India?

Line in NCERT: "The courts that most people interact with are what are called subordinate or district courts."

The hierarchical structure of courts in India, with its three levels - District Court, High Court, and Supreme Court - establishes a tiered system of legal authority. Each level has distinct roles and responsibilities, with higher courts having appellate jurisdiction over lower courts. This tiered approach helps ensure consistency in legal interpretation, facilitates the review of decisions, and promotes the uniform application of laws throughout the country.

In civil cases, the primary aim of the Indian legal system is to provide the specific relief sought by the affected party. This relief could include actions like compensation, injunctions, specific performance, etc. Civil law primarily addresses disputes related to individuals' rights, such as property disputes, contract breaches, or family matters.

Topic in NCERT: Specific Relief

Line in NCERT: "The court gives the specific relief asked for."

The key distinction between criminal law and civil law in the Indian legal system lies in their focus. Criminal law deals with conduct or acts defined as offenses by the law, such as theft or murder. On the other hand, civil law addresses any harm or injury to the rights of individuals, such as disputes related to property, contracts, or personal injury.

Topic in NCERT: Criminal Law

Line in NCERT: "Deals with conduct or acts that the law defines as offences. For example, theft, harassing a woman to bring more dowry, murder." "Deals with any harm or injury to rights of individuals."

The initial step in Indian criminal cases involves lodging a First Information Report (FIR) with the police. The police then investigate the crime based on this report. Subsequently, if there is enough evidence, a case is filed in the court. This step is crucial in starting the legal process against an alleged offender.

Topic in NCERT: Criminal Law

Line in NCERT: "It usually begins with the lodging of an First Information Report (FIR) with the police who investigate the crime after which a case is filed in the court."

Lodging a First Information Report (FIR) in criminal cases in India plays a crucial role as it marks the initiation of the investigation process by the police. The FIR is a written document that provides the basic details of the offense committed. It serves as the first step towards identifying the perpetrators, collecting evidence, and bringing the case to court for legal proceedings.

Topic in NCERT: Criminal Law

Line in NCERT: "It usually begins with the lodging of an First Information Report (FIR) with the police who investigate the crime after which a case is filed in the court."

Public Interest Litigation (PIL) is a legal action initiated in a court of law for the betterment of public interest, such as environmental protection, safety, and fundamental rights. It allows individuals or organizations to raise issues affecting society at large. PIL is not about personal interests but rather about matters that impact the public in general.

Topic in NCERT: Access to Justice

Line in NCERT: "In response to this, the Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice."

In India, any individual or organization can file a PIL in the High Court or the Supreme Court on behalf of those whose rights are being violated, even if the filer doesn't have a direct interest in the case. This mechanism enables ordinary citizens and NGOs to bring attention to issues affecting society.

Topic in NCERT: Public Interest Litigation (PIL)

Line in NCERT: "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 being violated."

The judiciary in a democratic system like India plays a crucial role in safeguarding fundamental rights, interpreting laws, and ensuring that the executive and legislative branches of government operate within the limits set by the constitution. By upholding the rule of law and protecting citizens' rights, the judiciary acts as a check on potential abuses of power.

Topic in NCERT: The Judiciary

Line in NCERT: "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 if they believe that their rights have been violated."

The judiciary is often called the "guardian of the constitution" because one of its primary functions is to interpret and uphold the constitution. By ensuring that laws and government actions align with the constitution, the judiciary protects the rights and freedoms enshrined in this foundational document, thereby maintaining the balance of power in a democratic society.

Topic in NCERT: Judicial Review

Line in NCERT: "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."

The Supreme Court of India introduced Public Interest Litigation (PIL) as a mechanism to simplify the legal process and increase access to justice. This 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, thereby making the legal system more accessible to the general public.

Topic in NCERT: Access to Justice

Line in NCERT: "In response to this, the Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice."

The judiciary in India serves as a crucial check on the powers of the executive and the legislature. It plays a significant role in interpreting and upholding the Fundamental Rights of citizens, ensuring a balance of power and safeguarding the rights of individuals against potential abuses by the other branches of government.

Topic in NCERT: The Judiciary

Line in NCERT: "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."

Poor individuals in India often avoid seeking justice through the courts due to the significant financial burden and extensive paperwork associated with legal procedures. These obstacles make accessing the legal system challenging for those with limited resources, leading to barriers in obtaining justice.

Topic in NCERT: Does Everyone Have Access to the Courts?

Line in NCERT: "Legal procedures involve a lot of money and paperwork as well as take up a lot of time."

The Supreme Court of India simplified the process of filing a Public Interest Litigation (PIL) by allowing informal modes of communication, such as letters or telegrams, to be treated as PIL filings. This approach aimed to make it easier for individuals or organizations to bring matters of public interest before the court, thereby increasing access to justice for a broader range of people.

Topic in NCERT: Public Interest Litigation (PIL)

Line in NCERT: "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."