Case Study Based Questions: Judiciary | Social Studies (SST) Class 8 PDF Download

Case Study 1

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

Q1: Mention below the primary functions of the judiciary in India.
Ans: In India, the judiciary performs three crucial functions:
a) Resolution of Conflicts: This procedure resolves conflicts involving individuals, groups of individuals, and the government. The Judiciary also resolves conflicts between different states.
b) Judicial Scrutiny: 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

c) To protect basic freedoms: Every citizen of India can approach the Supreme Court or the High Court if they believe that their Fundamental Rights have been violated.

Q2: Explain why judicial review is an integral part of the Indian constitution.
Ans: The Judiciary possesses the authority to conduct Judicial review, a process of significant importance. Judicial review empowers the Judiciary to evaluate whether laws created by the legislative body align with the basic principles given within the Constitution. Furthermore, the Judiciary is vested with the power to declare any law  as unconstitutional, thus assuming the crucial role of the ultimate guardian of the Constitution’s integrity..

Q3: How does the judiciary safeguard citizens’ Fundamental Rights?
Ans: The respected judiciary of the country highly values the importance of citizens’ Fundamental Rights. It provides them with a way to seek solutions either through the revered Supreme Court or the esteemed High Court. This smart mechanism makes sure that every citizen can easily get justice and that their basic rights are carefully protected within our well-regarded legal system.

Case Study 2

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 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 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.

Q1: Why is the ‘separation of powers’ principle crucial to preserving the judiciary’s independence?
Ans: In India, the idea of ‘separation of powers’ is important. It means that the judiciary has its own independence. This is to make sure that other parts of the government, like the lawmakers and executives, can’t control it. This helps judges give fair judgments without any political pressure. This principle keeps the judiciary honest and promotes a system where legal processes are fair and without bias. It protects people’s rights and makes sure the law is followed properly.

Q2: The appointment process of judges contribute to maintaining the independence of the judiciary. Reflect
Ans: The appointment of judges is done in a way that limits involvement from other government branches, especially in the High Court and Supreme Court. To prevent judges from being influenced by political agendas or influential people, appointments are made with little intervention. This procedure strengthens the judiciary’s independence and enables judges to uphold the law without worrying about favouritism or retaliation.

Q3: What is the contribution of an independent Judiciary in protecting the Fundamental Rights of citizens?
Ans: Keeping the judiciary independent is really important to protect people’s rights. If someone thinks their rights are not being respected, they can ask the courts for help. The courts being fair gives regular people the power to seek fairness and make sure the government is doing things right. This way, their rights are safe within the laws.

Q4: How does the judiciary prevent misuse of power and strengthen India’s democracy?
Ans: The main job of the judiciary is to protect its own independence and fairness. This is really important because it stops the government’s other parts, like the lawmakers and executives, from misusing their power. The judiciary watches over what the government does and makes sure it follows the rules. This system strengthens the foundation of democracy and keeps the rule of law going.

Case Study 3

There are three different levels of courts in our country. There are several courts at the lower level while there is only one at the apex level. The courts that most people interact with are what are called subordinate or district courts. These are usually at the district or Tehsil level or in towns and they hear many kinds of cases. Each state is divided into districts that are presided over by a District Judge. Each state has a High Court which is the highest court of that state. At the top is the Supreme Court that is located in New Delhi and is presided over by the Chief Justice of India. The decisions made by the Supreme Court are binding on all other courts in India. Are these different levels of courts connected to each other? Yes, they are. In India, we have an integrated judicial system, meaning that the decisions made by higher courts are binding on the lower courts. Another way to understand this integration is through the appellate system that exists in India. This means that a person can appeal to a higher court if they believe that the judgment passed by the lower court is not just.

Q1:  How are courts in India connected to each other? what does the integrated judicial system imply?
Ans: India, the courts operate as a unified judicial system, where rulings from higher courts hold authority over the lower courts. This implies that judgments pronounced by the Supreme Court are applicable across all courts in the country. The integrated system ensures consistency in the implementation of laws and legal principles nationwide. It fosters a sense of uniformity, upholding the integrity and efficacy of the judicial process throughout India.

Q2: Explain the structure of the judiciary in India ? how does the appellate system work?
Ans: The district courts, state-level High Courts, and supreme court, the Supreme Court, make up India’s three levels of courts. People who are unhappy with a lower court’s decision can seek justice by appealing to a higher court through the appellate procedure. This strategy guarantees a comprehensive and unbiased evaluation of the matter and provides opportunities for remedy if one believes the lower court’s judgement was unfair or incorrect.

Q3:  How does the Supreme Court enhance the fairness and efficacy of the judicial process in India?
Ans: The appellate system in India ensures fairness and efficacy by offering a mechanism for reviewing lower court judgments. It allows individuals to seek justice and rectification if they feel aggrieved by a decision. This system fosters confidence in the legal system, as it provides a safeguard against potential errors or biases in lower court rulings.

Q4: What is the hierarchy of courts in India? How does the Supreme Court’s authority impact lower courts?
Ans: The hierarchy of courts in India starts with the district or subordinate courts, followed by the High Courts at the state level. The apex level is the Supreme Court. The decisions of the Supreme Court hold supremacy and are binding on all other courts in India. This ensures consistency and adherence to legal principles across the judicial system, with lower courts being guided by the judgments of higher courts.

Case Study 4

In principle, all citizens of India can access the courts in this country. This implies that every citizen has a right to justice through the courts. As you read earlier, the courts play a very significant role in protecting our Fundamental Rights. If any citizen believes that their rights are being violated, then they can approach the court for justice to be done. While the courts are available for all, 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 seems remote. 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. 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 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. In the early years, PIL was used to secure justice on a large number of issues such as rescuing bonded labourers from inhuman work conditions; and securing the release of prisoners in Bihar who had been kept in jail even after their punishment term was complete.

Q1: What does the term “public interest litigation” (PIL) mean?
Ans: In the early 1980s, the Supreme Court devised Public Interest Litigation (PIL) to broaden justice access. PIL enabled anyone to file in courts on behalf of victims whose rights are violated. The process got simplified and now even a letter sufficed to file a PIL. This reform connected citizens and justice effectively.

Q2: Differentiate between PIL and traditional litigation.
Ans: Differing from regular litigation, Public Interest Litigation (PIL) stands distinct. It provides a path where any concerned person or group can initiate legal actions for others whose rights were violated. Unlike the usual setup where only the aggrieved parties can file, PIL’s reach is broader. It encompasses a wider legal intervention, addressing matters of public concern. It also ensures equal justice access, especially for marginalized groups.

Q3: What notable accomplishments did Public Interest Litigation (PIL) make in its early years?
Ans: Public Interest Litigation (PIL) made major steps towards securing justice on different social issues in its early years. It played a crucial role in rescuing bonded laborers from inhuman working conditions, securing the release of prisoners in Bihar who had served their punishment terms but were still imprisoned, and addressing other pressing societal problems.

Q4: What role does Public Interest Litigation (PIL) play in safeguarding India’s Fundamental Rights and advancing justice??
Ans: Public interest litigation (PIL) is a valuable strategy that enhances justice accessibility, particularly for disadvantaged and marginalized communities. It empowers concerned individuals and groups to stand for those whose rights are being violated. What sets PIL apart is its simplified legal process, allowing complaints to be lodged through various means such as letters or telegrams. This inclusivity ensures even individuals with limited resources can seek rightful justice. PILs have played a crucial role in addressing systemic issues and safeguarding Fundamental Right.

Case Study 5

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 courts interpreted Article 21 of the Constitution on the Right to Life to include the Right to Food. They, therefore, ordered the State to take certain steps to provide food for all including the mid-day meal scheme. However, there are also court judgments that people believe work against the best interests of the common person. For example, activists who work on issues concerning the right to shelter and housing for the poor believe that the recent judgments on evictions are a far cry from earlier judgments. While recent judgments tend to view the slum dweller as an encroacher in the city, earlier judgments (like the 1985 Olga Tellis vs Bombay Municipal Corporation) had tried to protect the livelihoods of slum dwellers. Another issue that affects the common person’s access to justice is the inordinately long number of years that courts take to hear a case. The phrase ‘justice delayed is justice denied’ is often used to characterise this extended time period that courts take. However, inspite of this there is no denying that the judiciary has played a crucial role in democratic India, serving as a check on the powers of the executive and the legislature as well as in protecting the Fundamental Rights of citizens. The members of the Constituent Assembly had quite correctly envisioned a system of courts with an independent judiciary as a key feature of our democracy.

Q1: How do courts exercise their role in interpreting Fundamental Rights, as exemplified in the case of the Right to Food?
Ans: Courts play a critical role in interpreting Fundamental Rights, as demonstrated in the case of the Right to Food. By interpreting Article 21 of the Constitution (Right to Life), they ruled that the Right to Food is inherently covered within the Right to Life. Consequently, they directed the State to implement measures such as the mid-day meal scheme to ensure the provision of food for all citizens, thereby upholding and protecting their Fundamental Rights.

Q2: What is the perspective of activists on recent court judgments concerning the right to shelter for the poor?
Ans: Activists, advocating for the right to shelter for the poor, express concern over recent court judgments on evictions that seem to view slum dwellers as encroachers in the city. In contrast, they cite earlier judgments like Olga Tellis vs Bombay Municipal Corporation in 1985, which displayed a more protective approach towards the livelihoods of slum dwellers, ensuring their rights and well-being were considered.

Q3: How does the prolonged duration of court cases affect access to justice for the common person?
Ans: Long court cases really affect how easily regular people can get justice. The saying ‘justice delayed is justice denied’ fits this well. It means if getting justice takes too long, it’s like not getting justice at all. Legal processes that take a long time can make it hard to get the right solution for problems. This waiting can make people frustrated and lose trust in the legal system. It can also slow down fixing issues that matter a lot to people’s lives.

Q4: Write below the key roles that the judiciary plays in India’s democratic system?
Ans: In our democratic system, the Indian judiciary has important roles. It’s like a strong base of democracy, making sure the people in charge (executive and legislative) follow the rules and are responsible. It also acts as a shield, protecting our basic rights as citizens. The judiciary explains the Constitution, solves arguments, and gives a fair place to resolve legal fights. This all makes sure our democracy works well and stays strong.

Q5: How did the Constituent Assembly’s members perceive the judiciary’s function in India?
Ans: When the members of the Constituent Assembly were working on India’s democracy, they saw the judiciary as a key part. They all agreed on making a court that’s fair and separate from other powers. They thought that no one should misuse their power. Their main goal was to keep democracy strong and make sure everyone gets treated fairly. They wanted to set up a court that’s not controlled by others, so people would trust it more.