NCERT Textbook - Judiciary Class 8 Notes | EduRev

Polity and Constitution (Prelims) by IAS Masters

Created by: C K Academy

Class 8 : NCERT Textbook - Judiciary Class 8 Notes | EduRev

 Page 1


Social and Political Life 52
Unit Three
2015-16
Page 2


Social and Political Life 52
Unit Three
2015-16
53
Teacher’s Note
Students are going to be introduced to the judiciary through these chapters. Yet, aspects of this
system like the police, the courts etc. are probably something that students are already quite
familiar with either through the media or perhaps through personal experience. In this unit, the
effort is to combine some basic knowledge on the judicial system with more hands-on
information on the criminal justice system. Chapter 5 covers topics that will be reinforced in
the higher classes. The effort while teaching this should be to provide students with a sense of
the significant role played by the judiciary in upholding the principles enshrined in the
Constitution. Chapter 6 explains the role of different individuals in the criminal justice system
and here it is crucial that students understand the connection between each person’s role and
the idea of justice for all that the Constitution provides.
Before starting Chapter 5, it might be useful to reiterate the discussion on the ‘rule of law’ from
the previous unit. This can then lead to a discussion on the role of the judiciary in upholding the
rule of law.  Five separate though inter-related concepts on the judiciary have been discussed in
Chapter 5. The reason why the independence of the judiciary is key to its functioning is a
complex idea but something that students need to understand. This can be conveyed at a more
basic level using examples of different decision-making processes that the student is familiar
with. The structure has been illustrated through a case and students should be encouraged to
discuss other cases to better understand the working of the judicial process. The last concept of
‘access to justice’ highlights the role of the Public Interest Litigation (PIL) in facilitating justice.
It also touches upon the ‘delay’ in providing justice. The student’s growing knowledge of
Fundamental Rights should be used while discussing this section.
Chapter 6 has been included in order to make students more aware of the role played by different
persons in the criminal justice system and the process that needs to be followed in order to
ensure a fair trial. The chapter takes as its starting point a storyboard in which a case of theft is
highlighted and uses this as the reference point to discuss the roles of the police, the public
prosecutor, the judge, as well as what a fair trial should include. It is very likely that the students
will have their own opinions, which might be quite cynical, on the ways in which the criminal
justice system works. Your role as a teacher will be to balance their cynicism with a discussion
of the ideal as outlined in the chapter. This can be done in two ways: one, through a continued
emphasis on the link between this ideal functioning and the principles enshrined in the Indian
Constitution as discussed in earlier chapters, and two, through emphasising the difference that
an informed and aware public can make in the working of these institutions. The discussion of
the criminal justice system is to help students understand this better and not for them to learn
this by rote.
The Judiciary
2015-16
Page 3


Social and Political Life 52
Unit Three
2015-16
53
Teacher’s Note
Students are going to be introduced to the judiciary through these chapters. Yet, aspects of this
system like the police, the courts etc. are probably something that students are already quite
familiar with either through the media or perhaps through personal experience. In this unit, the
effort is to combine some basic knowledge on the judicial system with more hands-on
information on the criminal justice system. Chapter 5 covers topics that will be reinforced in
the higher classes. The effort while teaching this should be to provide students with a sense of
the significant role played by the judiciary in upholding the principles enshrined in the
Constitution. Chapter 6 explains the role of different individuals in the criminal justice system
and here it is crucial that students understand the connection between each person’s role and
the idea of justice for all that the Constitution provides.
Before starting Chapter 5, it might be useful to reiterate the discussion on the ‘rule of law’ from
the previous unit. This can then lead to a discussion on the role of the judiciary in upholding the
rule of law.  Five separate though inter-related concepts on the judiciary have been discussed in
Chapter 5. The reason why the independence of the judiciary is key to its functioning is a
complex idea but something that students need to understand. This can be conveyed at a more
basic level using examples of different decision-making processes that the student is familiar
with. The structure has been illustrated through a case and students should be encouraged to
discuss other cases to better understand the working of the judicial process. The last concept of
‘access to justice’ highlights the role of the Public Interest Litigation (PIL) in facilitating justice.
It also touches upon the ‘delay’ in providing justice. The student’s growing knowledge of
Fundamental Rights should be used while discussing this section.
Chapter 6 has been included in order to make students more aware of the role played by different
persons in the criminal justice system and the process that needs to be followed in order to
ensure a fair trial. The chapter takes as its starting point a storyboard in which a case of theft is
highlighted and uses this as the reference point to discuss the roles of the police, the public
prosecutor, the judge, as well as what a fair trial should include. It is very likely that the students
will have their own opinions, which might be quite cynical, on the ways in which the criminal
justice system works. Your role as a teacher will be to balance their cynicism with a discussion
of the ideal as outlined in the chapter. This can be done in two ways: one, through a continued
emphasis on the link between this ideal functioning and the principles enshrined in the Indian
Constitution as discussed in earlier chapters, and two, through emphasising the difference that
an informed and aware public can make in the working of these institutions. The discussion of
the criminal justice system is to help students understand this better and not for them to learn
this by rote.
The Judiciary
2015-16
Social and Political Life 54
Chapter 5
A glance at the newspaper provides you a glimpse of
the range of work done by the courts in this country.
But can you think of why we need these courts? As
you have read in Unit 2, in India we have the rule of
law. What this means is that laws apply equally to
all persons 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. As an organ of
government, the judiciary plays a crucial role in the
functioning of India’s democracy. It can play this
role only because it is independent. What does an
‘independent judiciary’ mean? Is there any connection
between the court in your area and the Supreme
Court in New Delhi? In this chapter, you will find
answers to these questions.
Judiciary
2015-16
Page 4


Social and Political Life 52
Unit Three
2015-16
53
Teacher’s Note
Students are going to be introduced to the judiciary through these chapters. Yet, aspects of this
system like the police, the courts etc. are probably something that students are already quite
familiar with either through the media or perhaps through personal experience. In this unit, the
effort is to combine some basic knowledge on the judicial system with more hands-on
information on the criminal justice system. Chapter 5 covers topics that will be reinforced in
the higher classes. The effort while teaching this should be to provide students with a sense of
the significant role played by the judiciary in upholding the principles enshrined in the
Constitution. Chapter 6 explains the role of different individuals in the criminal justice system
and here it is crucial that students understand the connection between each person’s role and
the idea of justice for all that the Constitution provides.
Before starting Chapter 5, it might be useful to reiterate the discussion on the ‘rule of law’ from
the previous unit. This can then lead to a discussion on the role of the judiciary in upholding the
rule of law.  Five separate though inter-related concepts on the judiciary have been discussed in
Chapter 5. The reason why the independence of the judiciary is key to its functioning is a
complex idea but something that students need to understand. This can be conveyed at a more
basic level using examples of different decision-making processes that the student is familiar
with. The structure has been illustrated through a case and students should be encouraged to
discuss other cases to better understand the working of the judicial process. The last concept of
‘access to justice’ highlights the role of the Public Interest Litigation (PIL) in facilitating justice.
It also touches upon the ‘delay’ in providing justice. The student’s growing knowledge of
Fundamental Rights should be used while discussing this section.
Chapter 6 has been included in order to make students more aware of the role played by different
persons in the criminal justice system and the process that needs to be followed in order to
ensure a fair trial. The chapter takes as its starting point a storyboard in which a case of theft is
highlighted and uses this as the reference point to discuss the roles of the police, the public
prosecutor, the judge, as well as what a fair trial should include. It is very likely that the students
will have their own opinions, which might be quite cynical, on the ways in which the criminal
justice system works. Your role as a teacher will be to balance their cynicism with a discussion
of the ideal as outlined in the chapter. This can be done in two ways: one, through a continued
emphasis on the link between this ideal functioning and the principles enshrined in the Indian
Constitution as discussed in earlier chapters, and two, through emphasising the difference that
an informed and aware public can make in the working of these institutions. The discussion of
the criminal justice system is to help students understand this better and not for them to learn
this by rote.
The Judiciary
2015-16
Social and Political Life 54
Chapter 5
A glance at the newspaper provides you a glimpse of
the range of work done by the courts in this country.
But can you think of why we need these courts? As
you have read in Unit 2, in India we have the rule of
law. What this means is that laws apply equally to
all persons 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. As an organ of
government, the judiciary plays a crucial role in the
functioning of India’s democracy. It can play this
role only because it is independent. What does an
‘independent judiciary’ mean? Is there any connection
between the court in your area and the Supreme
Court in New Delhi? In this chapter, you will find
answers to these questions.
Judiciary
2015-16
55
Judiciary
The above photo shows the Supreme Court of
India. The Supreme Court was established on
26 January 1950, the day India became a
Republic. Like its predecessor, the Federal Court
of India (1937–1949), it was earlier located in
the Chamber of Princes in the Parliament House.
It moved to its present building on Mathura Road
in New Delhi in 1958.
Courts take decisions on a very large number of issues.
They can decide that no teacher can beat a student, or about
the sharing of river waters between states, or they can punish
people for particular crimes. Broadly speaking, the work
that the judiciary does can be divided into the following:
Dispute Resolution: Dispute Resolution: Dispute Resolution: Dispute Resolution: 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.
Judicial Review: Judicial Review: Judicial Review: Judicial Review: 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. This is called judicial
review.
Upholding the Law and Enforcing Fundamental Rights: Upholding the Law and Enforcing Fundamental Rights: Upholding the Law and Enforcing Fundamental Rights: Upholding the Law and Enforcing Fundamental Rights: 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. For example, in the Class VII book, you read
about Hakim Sheikh, an agricultural labourer who fell from a
running train and injured himself and whose condition got worse
because several hospitals refused to admit him. On hearing his
case, the Supreme Court ruled that Article 21 which provides
every citizen the Fundamental Right to Life also includes the
Right to Health. It, therefore, directed the West Bengal
government to pay him compensation for the loss suffered
as well as to come up with a blueprint for primary health
care with particular reference to treatment of patients during
an emergency [ Paschim Banga Khet Mazdoor Samity vs State of West
Bengal (1996)].
What is the Role of the Judiciary?
Chapter 5: Judiciary
2015-16
Page 5


Social and Political Life 52
Unit Three
2015-16
53
Teacher’s Note
Students are going to be introduced to the judiciary through these chapters. Yet, aspects of this
system like the police, the courts etc. are probably something that students are already quite
familiar with either through the media or perhaps through personal experience. In this unit, the
effort is to combine some basic knowledge on the judicial system with more hands-on
information on the criminal justice system. Chapter 5 covers topics that will be reinforced in
the higher classes. The effort while teaching this should be to provide students with a sense of
the significant role played by the judiciary in upholding the principles enshrined in the
Constitution. Chapter 6 explains the role of different individuals in the criminal justice system
and here it is crucial that students understand the connection between each person’s role and
the idea of justice for all that the Constitution provides.
Before starting Chapter 5, it might be useful to reiterate the discussion on the ‘rule of law’ from
the previous unit. This can then lead to a discussion on the role of the judiciary in upholding the
rule of law.  Five separate though inter-related concepts on the judiciary have been discussed in
Chapter 5. The reason why the independence of the judiciary is key to its functioning is a
complex idea but something that students need to understand. This can be conveyed at a more
basic level using examples of different decision-making processes that the student is familiar
with. The structure has been illustrated through a case and students should be encouraged to
discuss other cases to better understand the working of the judicial process. The last concept of
‘access to justice’ highlights the role of the Public Interest Litigation (PIL) in facilitating justice.
It also touches upon the ‘delay’ in providing justice. The student’s growing knowledge of
Fundamental Rights should be used while discussing this section.
Chapter 6 has been included in order to make students more aware of the role played by different
persons in the criminal justice system and the process that needs to be followed in order to
ensure a fair trial. The chapter takes as its starting point a storyboard in which a case of theft is
highlighted and uses this as the reference point to discuss the roles of the police, the public
prosecutor, the judge, as well as what a fair trial should include. It is very likely that the students
will have their own opinions, which might be quite cynical, on the ways in which the criminal
justice system works. Your role as a teacher will be to balance their cynicism with a discussion
of the ideal as outlined in the chapter. This can be done in two ways: one, through a continued
emphasis on the link between this ideal functioning and the principles enshrined in the Indian
Constitution as discussed in earlier chapters, and two, through emphasising the difference that
an informed and aware public can make in the working of these institutions. The discussion of
the criminal justice system is to help students understand this better and not for them to learn
this by rote.
The Judiciary
2015-16
Social and Political Life 54
Chapter 5
A glance at the newspaper provides you a glimpse of
the range of work done by the courts in this country.
But can you think of why we need these courts? As
you have read in Unit 2, in India we have the rule of
law. What this means is that laws apply equally to
all persons 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. As an organ of
government, the judiciary plays a crucial role in the
functioning of India’s democracy. It can play this
role only because it is independent. What does an
‘independent judiciary’ mean? Is there any connection
between the court in your area and the Supreme
Court in New Delhi? In this chapter, you will find
answers to these questions.
Judiciary
2015-16
55
Judiciary
The above photo shows the Supreme Court of
India. The Supreme Court was established on
26 January 1950, the day India became a
Republic. Like its predecessor, the Federal Court
of India (1937–1949), it was earlier located in
the Chamber of Princes in the Parliament House.
It moved to its present building on Mathura Road
in New Delhi in 1958.
Courts take decisions on a very large number of issues.
They can decide that no teacher can beat a student, or about
the sharing of river waters between states, or they can punish
people for particular crimes. Broadly speaking, the work
that the judiciary does can be divided into the following:
Dispute Resolution: Dispute Resolution: Dispute Resolution: Dispute Resolution: 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.
Judicial Review: Judicial Review: Judicial Review: Judicial Review: 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. This is called judicial
review.
Upholding the Law and Enforcing Fundamental Rights: Upholding the Law and Enforcing Fundamental Rights: Upholding the Law and Enforcing Fundamental Rights: Upholding the Law and Enforcing Fundamental Rights: 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. For example, in the Class VII book, you read
about Hakim Sheikh, an agricultural labourer who fell from a
running train and injured himself and whose condition got worse
because several hospitals refused to admit him. On hearing his
case, the Supreme Court ruled that Article 21 which provides
every citizen the Fundamental Right to Life also includes the
Right to Health. It, therefore, directed the West Bengal
government to pay him compensation for the loss suffered
as well as to come up with a blueprint for primary health
care with particular reference to treatment of patients during
an emergency [ Paschim Banga Khet Mazdoor Samity vs State of West
Bengal (1996)].
What is the Role of the Judiciary?
Chapter 5: Judiciary
2015-16
Social and Political Life 56
What is an Independent Judiciary?
Imagine a situation in which a powerful politician has
encroached on land belonging to your family. Within this
judicial system, the politician has the power to appoint and
dismiss a judge from his office. When you take this case to
court, the judge is clearly partial to the politician.
The control that the politician holds over the judge does not
allow for the judge to take an independent decision. This lack
of independence would force the judge to make all judgments
in favour of the politician. Although we often hear of rich and
powerful people in India trying to influence the judicial process,
the Indian Constitution protects against this kind of situation
by providing for the independence of the judiciary.
One aspect of this independence is the ‘separation of powers’.
This, as you read in Chapter 1, is a key feature of the
Constitution. What this means here is that other branches
of government – 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.
For the above separation to work well, 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 also very
difficult to remove a judge.
Do you think that any ordinary
citizen stands a chance against
a politician in this kind of
judicial system? Why not?
With the help of your teacher, fill in the blank spaces in the table below.
Q
Type of Dispute Example
Dispute between centre and the state
Dispute between two states
Dispute between two citizens
Laws that are in violation of the Constitution
2015-16
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