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Judiciary Summary Class 8 NCERT Summary Chapter 5

What is the Role of the Judiciary?

Judiciary work is divided into the following types:

  • Dispute Resolution: The judicial system resolves disputes between citizens, between citizens and the government, between two state governments and between the centre and state governments.
  • Judicial Review: The judiciary is the final interpreter of the Constitution therefore, it 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.
  • Upholding the Law and Enforcing Fundamental Rights: Every citizen of India can approach the Supreme Court or the High Court if they believe that their Fundamental Rights have been violated.

What is an Independent Judiciary?

  • The other branches of the State-like the legislature and the executive - cannot interfere in the work of the judiciary. 
  • The courts are not under the government and do not act on their behalf.
  • All judges in the High Court as well as the Supreme Court are appointed with very little interference from other branches of government. 
    • After appointment, it is very difficult to remove a judge.

What is the Structure of Courts in India?

There are three different levels of courts in our country:

Judiciary Summary Class 8 NCERT Summary Chapter 5

  • Supreme Court of India: Located in New Delhi and is presided over by the Chief Justice of India.
  • High Courts of States:  Each state has a High Court which is the highest court of that state.
  • Subordinate or district courts: These courts at the district or Tehsil level or in towns and presided over by a District Judge.
  • The decisions made by higher courts are binding on the lower courts.
  • A person can appeal to a higher court if they believe that the judgment passed by the lower court is not just through the appellate system.

What are the Different Branches of the Legal System?

  • The Indian legal system deals with civil and criminal cases:

Judiciary Summary Class 8 NCERT Summary Chapter 5

Does Everyone Have Access to the Courts?

  • Theoretically, all citizens of India can access the courts in this country.
  • In reality access to courts has always been difficult for a vast majority of the poor in India.
    • Legal procedures involve a lot of money and paperwork as well as take up 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 so remote.

PIL

  • Public Interest Litigation (PIL) is introduced by Supreme Court in the early 1980s.
  • 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.
  • A letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL.

Importance of Judiciary

  • The judiciary has played a crucial role in democratic India,
  • It also keep a check on the powers of the executive and the legislature
  • Also, it helps in protecting the Fundamental Rights of citizens.
The document Judiciary Summary Class 8 NCERT Summary Chapter 5 is a part of the Class 8 Course Social Studies (SST) Class 8.
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FAQs on Judiciary Summary Class 8 NCERT Summary Chapter 5

1. What is the role of the judiciary in a country?
Ans. The judiciary in a country plays a crucial role in upholding the rule of law and ensuring justice. It interprets and applies laws, resolves disputes, and protects the fundamental rights of individuals.
2. How are judges appointed in the judiciary?
Ans. The appointment of judges in the judiciary varies from country to country. In some countries, judges are appointed by the executive branch, while in others, they are selected by a judicial appointments committee or a judicial commission.
3. What is the difference between the Supreme Court and the lower courts?
Ans. The Supreme Court is the highest court of appeal in a country and has the power to review decisions made by lower courts. Lower courts, on the other hand, handle cases at the district or state level and have limited jurisdiction compared to the Supreme Court.
4. How does the judiciary protect the rights of citizens?
Ans. The judiciary protects the rights of citizens by ensuring that laws and government actions are in accordance with the constitution. It can strike down laws that are unconstitutional and provide remedies for violations of individuals' rights.
5. Can the decisions of the judiciary be challenged or reversed?
Ans. Yes, the decisions of the judiciary can be challenged or reversed through the appellate process. Higher courts have the power to review and overturn decisions made by lower courts if they find errors in the application of law or interpretation of facts.
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