Class 8 Social-Science Chapter 5 Practice Question Answers - Judiciary

Q1: What is the primary function of the judiciary in a democracy?
(a) Enforcing laws
(b) Making laws
(c) Proposing laws
(d) Amending laws
Ans: (a)
The primary function of the judiciary in a democracy is to ensure that laws are interpreted correctly and enforced impartially. It acts as a check on the actions of the executive and legislative branches by ensuring that they conform to the Constitution and laws of the land.

Q2: Which of the following courts is the highest judicial authority in India?
(a) District Court
(b) High Court
(c) Supreme Court
(d) Sessions Court
Ans: (c)
The Supreme Court is the highest judicial authority in India. It has the power of judicial review and can interpret the Constitution, settle disputes between the center and states, and hear appeals from lower courts.

Q3: What is the term of office for a Judge of the Supreme Court of India?
(a) 5 years
b) 7 years
(c) Until retirement at 62
(d) Lifetime or until the age of 65
Ans: (d)
A Judge of the Supreme Court holds office until they reach the age of 65, or until they choose to retire earlier. This ensures judicial independence by protecting judges from political influence due to short-term appointments.

Q4: What is the purpose of Public Interest Litigation (PIL) in the Indian legal system?
(a) To provide legal aid to the poor
(b) To allow individuals to file criminal cases
(c) To address issues of public concern and social justice
(d) To expedite the appeals process
Ans: (c)
Public Interest Litigation (PIL) allows any citizen to file a petition on behalf of those who cannot approach the court themselves. It is intended to address issues that have broader implications for public welfare and social justice.

Q5: What is the significance of the doctrine of 'Separation of Powers' in a democratic setup?
(a) It ensures that the judiciary has executive powers
(b) It prevents the legislature from making laws
(c) It ensures a balance of power between the executive, legislature, and judiciary
(d) It gives the President unlimited power
Ans: (c)
The doctrine of 'Separation of Powers' ensures that the powers of the government are divided among three separate branches – executive, legislature, and judiciary. This division prevents any one branch from becoming too powerful and serves as a check and balance system.

Q6: Explain the concept of 'judicial review.'
Ans: Judicial review refers to the power of the judiciary to review and assess the constitutionality of laws, executive orders, and actions taken by the government. It ensures that these actions adhere to the principles and provisions of the Constitution. Through judicial review, the judiciary can strike down laws or actions that violate the Constitution, thereby upholding the rule of law and protecting individual rights.

Q7: How does the Supreme Court protect the fundamental rights of citizens in India?
Ans: The Supreme Court protects the fundamental rights of citizens by acting as the guardian of the Constitution. Individuals can directly approach the Supreme Court if they believe their fundamental rights are being violated. The court has the authority to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari to ensure the enforcement of these rights. Additionally, the Supreme Court's power of judicial review allows it to strike down laws that infringe upon fundamental rights.

Q8: Define the term 'contempt of court' and explain the two types of contempt.
Ans: 'Contempt of court' refers to any action that disobeys or shows disrespect towards the authority or dignity of the court. There are two types of contempt: civil contempt and criminal contempt.

• Civil Contempt: This occurs when someone willfully disobeys a court order, judgment, or direction. It also includes actions that interfere with the administration of justice.
• Criminal Contempt: This involves actions that scandalize or lower the authority of the court, obstruct the administration of justice, or prejudice or interfere with judicial proceedings.

Q9: What is the role of the High Court in the Indian judicial system?
Ans: The High Court is the highest court in a state and is responsible for overseeing the administration of justice within its jurisdiction. It hears appeals from lower courts, both civil and criminal cases, and has the power of judicial review. The High Court can issue writs to enforce fundamental rights and has original jurisdiction in certain matters. It acts as a check on the actions of the state government and ensures that laws are uniformly applied within the state.

Q10: What is the significance of an independent judiciary in a democracy?
Ans: An independent judiciary is essential for maintaining the balance of power within a democracy. It ensures that the executive and legislative branches do not misuse their authority or violate constitutional principles. An independent judiciary can interpret laws impartially, protect citizens' rights, and provide a check on potential abuse of power by other branches of the government. It contributes to the overall functioning of a just and fair democratic society.

Q11: Explain the concept of the judiciary and its role in a democratic country.
Ans: The judiciary is a branch of government responsible for interpreting laws and ensuring their fair application. In a democratic country, like India, the judiciary plays a vital role in upholding justice, protecting citizens' rights, and maintaining a balance of power among the three branches of government. It acts as a check on the executive and legislative branches to prevent abuse of power. By resolving disputes, enforcing laws, and safeguarding the Constitution, the judiciary ensures the rule of law prevails. It also guarantees fundamental rights and provides a platform for citizens to seek justice, making it a crucial pillar of democracy.

Q12: Describe the structure of the Indian judiciary.
Ans: The Indian judiciary consists of three levels: the Supreme Court at the top, High Courts at the state level, and District Courts at the district level. The Supreme Court is the apex body, handling the most complex and significant cases. Below it, each state has its High Court responsible for its respective state or union territory. District Courts operate at the grassroots level, with each district having one or more courts. This hierarchical structure ensures the efficient administration of justice across the country. The Supreme Court's decisions are binding on all lower courts, providing consistency in interpretation and application of laws.

Q13: Explain the principle of 'judicial independence' and its importance.
Ans: Judicial independence refers to the separation of the judiciary from the influence of the executive and legislative branches. It ensures that judges can make impartial decisions without fear of coercion or interference. This independence is crucial to uphold the rule of law, protect citizens' rights, and prevent abuse of power. Judges must be free to interpret laws objectively and without bias. Without judicial independence, citizens might lose faith in the legal system's fairness and effectiveness. Thus, it safeguards democracy by maintaining a balance of power and ensuring justice prevails without political pressure.

Q14: What is the significance of the 'judicial review' in a democratic setup?
Ans: Judicial review is the power of the judiciary to review and evaluate the constitutionality of laws and government actions. In a democratic setup, it acts as a crucial check and balance mechanism. Through judicial review, the judiciary can strike down laws and actions that violate the constitution or citizens' rights. This prevents any branch of government from overstepping its boundaries and ensures that the Constitution remains the supreme law of the land. By holding the government accountable, judicial review contributes to upholding the democratic principles of equality, justice, and the rule of law.

Q15: Discuss the role of the judiciary in protecting fundamental rights.
Ans: The judiciary plays a pivotal role in safeguarding citizens' fundamental rights in a democratic country. It ensures that the government and individuals respect these rights, as enshrined in the Constitution. Individuals can approach the courts if their rights are violated, seeking remedies and justice. The judiciary's interpretation and enforcement of fundamental rights set precedents that guide future cases, shaping the legal landscape. By striking down unconstitutional laws and actions, the judiciary secures citizens' liberties and maintains a just and equal society. Thus, its role in protecting fundamental rights is essential for upholding the principles of democracy and justice.