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Class 8 Civics Chapter 5 Notes - Judiciary

Introduction

India's judiciary boasts the distinction of being one of the world's largest, serving a population of over a billion people. With its commitment to upholding the rule of law, the judiciary plays a pivotal role in safeguarding democratic principles and ensuring justice for all citizens.  

Supreme Court of India DelhiSupreme Court of India Delhi


What is the Role of the Judiciary? 

The Indian judiciary is like the fairness referee, making sure everyone plays by the rules. It protects our rights and keeps the legal game fair for everyone. 

Class 8 Civics Chapter 5 Notes - Judiciary

  • Court Decisions: Courts make decisions on various issues, such as student-teacher interactions or sharing river waters between states.
  • Dispute Resolution: Judiciary resolves conflicts between citizens, citizens and the government, state governments, and between the center and state governments.
  • Judicial Review: As the Constitution's final interpreter, the judiciary can reject laws violating the Constitution's basic structure through judicial review.
  • Upholding the Law: Citizens can seek Supreme Court or High Court intervention if they feel their Fundamental Rights are violated, like the case of Hakim Sheikh, ensuring the Right to Health.

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What is an Independent Judiciary?

In a democracy, a fair and independent judiciary ensures justice without bias. It protects our rights and uphold the law with impartiality.

Class 8 Civics Chapter 5 Notes - Judiciary

  • Challenging Situation: Imagine a powerful politician encroaching on your family's land with control over judge appointments.
  • Judicial Independence: Despite the politician's influence, the Constitution safeguards against biased judgments by ensuring the judiciary's independence.
  • Separation of Powers: The Constitution's key feature prevents interference from the legislature and executive, maintaining the judiciary's autonomy.
  • Judge Appointments: Crucial for the separation to work, judges in High and Supreme Courts need minimal interference in their appointments.
  • Protecting Rights: Judicial independence plays a vital role in preventing power misuse and protects citizens' Fundamental Rights.


What is the Structure of Courts in India? 

Court Hierarchy  India has three levels of courts - subordinate or district courts, High Courts at the state level, and the Supreme Court at the apex level.

  • Integrated Judicial System: Decisions made by higher courts are binding on lower courts, creating an integrated judicial system.
  • Appellate System: A person can appeal to a higher court if they believe the judgment passed by the lower court is unjust.
  • Case Example - State (Delhi Administration) vs Laxman Kumar and Others (1985)
  • Supreme Court Authority: Decisions made by the Supreme Court are binding on all other courts in India.

High Court of AllahabadHigh Court of Allahabad

Subordinate Court of DeoriaSubordinate Court of Deoria

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Branches of Legal SystemBranches of Legal System

Does Everyone Have Access to the Courts?

Every Indian citizen theoretically has the right to seek justice through the courts, which play a crucial role in safeguarding Fundamental Rights.

  • Judicial Structure: There are three levels of courts in India: subordinate or district courts, High Courts, and the Supreme Court. The subordinate courts handle most cases, while the High Courts serve as the highest court in each state, and the Supreme Court is the apex court of the country.
  • Challenges in Access to Courts: While the courts are available for all, access to courts is often difficult for many poor individuals in India due to factors like cost, paperwork, and time constraints.
  • Public Interest Litigation (PIL): To address these challenges, the Supreme Court introduced Public Interest Litigation (PIL) in the early 1980s, enabling individuals or organisations to file cases on behalf of those facing rights violations.
  • Court's Impact on Policies: Through PILs, courts have influenced policies, including the mid-day meal scheme in schools, interpreting Fundamental Rights to include the Right to Food.
  • Concerns and Criticisms: Some court decisions, particularly regarding housing rights, have faced criticism for perceived biases, and the long duration of court cases raises concerns encapsulated in the saying, 'justice delayed is justice denied.'
  • Judiciary's Crucial Role: Despite challenges, the judiciary is essential in checking the powers of the executive and legislature while protecting citizens' Fundamental Rights, as envisaged by the members of the Constituent Assembly. The independence of the judiciary allows the courts to prevent misuse of power.
  • Judicial Functions:The judiciary's work can be broadly categorised as follows:
    • Dispute Resolution: The judicial system provides a mechanism for resolving disputes among citizens, between citizens and the government, between state governments, and between the central and state governments.
    • Judicial Review: The judiciary has the power to strike down laws passed by Parliament if they violate the basic structure of the Constitution, known as judicial review.

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1. What is the main function of the judiciary in a democratic system?
Ans. The main function of the judiciary in a democratic system is to interpret and apply the law, ensuring justice is delivered. It acts as a check on the powers of the executive and legislative branches, protects individual rights, and resolves disputes between parties. The judiciary ensures that laws are upheld and that justice is administered fairly and impartially.
2. Why is an independent judiciary important?
Ans. An independent judiciary is crucial because it ensures that judges can make decisions free from external pressures or influences, such as political interference or public opinion. This independence is essential for maintaining the rule of law, protecting the rights of individuals, and ensuring that justice is served impartially, which fosters public confidence in the legal system.
3. What is the structure of the courts in India?
Ans. The structure of the courts in India consists of a hierarchical system. At the top is the Supreme Court, followed by High Courts in each state. Below the High Courts are the District Courts, which handle civil and criminal cases at the district level. Additionally, there are various specialized courts and tribunals that address specific types of cases, such as family law or tax disputes.
4. What are the different branches of the legal system?
Ans. The different branches of the legal system include civil law, criminal law, administrative law, constitutional law, and international law. Civil law deals with disputes between individuals or organizations, criminal law addresses offenses against the state, administrative law governs the actions of government agencies, constitutional law focuses on the interpretation of the constitution, and international law regulates relations between countries.
5. Does everyone have access to the courts in India?
Ans. In India, the right to access the courts is guaranteed by the Constitution. However, access can be limited by various factors such as financial constraints, lack of legal awareness, and geographical barriers. Efforts are made through legal aid services and public interest litigation to improve access to justice for marginalized and underprivileged sections of society.
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