The Judiciary Chapter Notes | Civics Class 8 ICSE PDF Download

Civil and Criminal Laws

• Laws are rules created to regulate behavior, reflecting society’s moral values.
• They promote good behavior and ensure community safety.
• Everyone, regardless of wealth or power, must follow the law or face consequences.
• Laws are divided into two main types: criminal and civil.

Criminal Laws

• Deal with crimes or violations of public order, such as theft, assault, dowry harassment, or murder.
• Process begins with filing a First Information Report (FIR) with the police.
• Police investigate the crime, followed by filing a case in court.
• If found guilty, the accused may face imprisonment and/or fines.

Civil Laws

• Address private disputes between individuals or organizations.
• Cover issues like land sales, purchase of goods, rent disputes, eviction, or divorce cases.
• The affected party files a petition in the relevant court for legal action.

The Indian Judicial System

• A vital organ of the Indian government, independent from the executive and legislature.
• Ensures law and order and resolves civil and criminal disputes.
• Governed by the rule of law, allowing any citizen to approach courts when laws are violated.

Structure of the Judiciary

• Supreme Court: The highest court, located in New Delhi.
• High Courts: Top courts at state or union territory level (25 High Courts in India).
• District and Session Courts: Operate at district or metropolitan levels.
• Civil Judges and Metropolitan Magistrates: Handle specific civil and criminal cases.

Supreme Court

• The apex court overseeing all lower courts, including High Courts and Subordinate Courts.
• Located in New Delhi, it is the head of India’s unified judicial system.

Powers of the Supreme Court

• Can transfer civil or criminal cases between State High Courts or from subordinate courts to High Courts.
• Can withdraw and dispose of cases pending in High Courts.
• Handles international commercial disputes.
• Can review its own judgments or orders in civil or criminal cases.

Composition

• Consists of the Chief Justice of India and 30 other judges (total 31 judges).
• Chief Justice is appointed by the President based on recommendations from the Prime Minister, who consults the outgoing Chief Justice and the Union Minister of Law, Justice, and Company.
• Other judges are appointed by the President on the advice of the Union Cabinet.

Eligibility

• Must be a citizen of India.
• Must have been a High Court judge for at least 5 years, or an advocate of a High Court for at least 10 years, or a distinguished jurist in the President’s opinion.

Tenure

• Judges, including the Chief Justice, serve until age 65.
• Judges may resign voluntarily before their term ends.
• Judges can be removed by the President for misuse of authority, proven misbehavior, or incapacity through impeachment.
• Impeachment requires a two-thirds majority in both houses of Parliament.

Functions and Jurisdiction of the Supreme Court

The Supreme Court of India is the highest judicial authority in the country, playing a critical role in maintaining justice, upholding the Constitution, and protecting citizens' rights. Its functions are broadly categorized into three main areas: resolving disputes, upholding laws and rights, and interpreting the Constitution. Additionally, the Supreme Court's jurisdiction defines the scope of its authority to deliver judgments and enforce laws. The jurisdiction is divided into original, appellate, advisory, and miscellaneous functions, each serving a distinct purpose in the judicial system.

Functions of the Supreme Court
The Supreme Court performs several key functions to ensure justice and uphold the rule of law in India. These functions are essential for maintaining democracy and protecting the rights of citizens.

• Resolving Disputes:
  • The Supreme Court settles disputes involving various parties, including:
    • Citizens against other citizens.
    • Citizens against the government.
    • State governments against each other.
    • The Central government against one or more State governments.
  • It acts as a neutral body to resolve conflicts fairly, ensuring that justice is served regardless of the parties involved.
• Upholding the Law and Fundamental Rights:
  • The Supreme Court ensures that laws are applied equally to all citizens and that the Fundamental Rights guaranteed by the Indian Constitution are protected.
  • Any citizen who believes their Fundamental Rights have been violated can approach the Supreme Court or a High Court for justice.
  • As the guardian of the Constitution, the Supreme Court investigates such cases and enforces the necessary laws to protect citizens' rights.
• Interpreting the Constitution (Judicial Review):
  • The Supreme Court is the final interpreter of the Indian Constitution.
  • It has the power of Judicial Review, which allows it to examine the validity of laws passed by the Parliament or State legislatures and orders issued by the executive.
  • If a law or executive order is found to violate the provisions of the Constitution, the Supreme Court can declare it null and void.
  • This ensures that no law or action undermines the Constitution, maintaining its supremacy.

Jurisdiction of the Supreme Court
The jurisdiction of the Supreme Court refers to its authority to hear cases, deliver judgments, and enforce laws. The Supreme Court’s jurisdiction is categorized into four types: original, appellate, advisory, and miscellaneous. Each type defines a specific area where the Court exercises its powers.

Original Jurisdiction

• The Supreme Court has the authority to hear certain cases directly, without them being first heard by lower courts. This is called original jurisdiction.
• It includes disputes such as:
  • Between the Union government and one or more State governments.
  • Between the Union government and one or more States on one side and other States on the opposite side.
  • Between two or more State governments.
• The Supreme Court also handles cases involving the violation of Fundamental Rights, allowing citizens to seek justice directly if their constitutional rights are infringed.
• This jurisdiction ensures that significant disputes, especially those involving governments or constitutional rights, are resolved at the highest level.

Appellate Jurisdiction

• The Supreme Court has the power to hear appeals against judgments delivered by High Courts, known as appellate jurisdiction.
• It can review decisions made by High Courts in both civil and criminal cases.
• As the highest judicial authority, the Supreme Court can uphold, modify, or overturn High Court judgments, providing its own rulings to ensure justice.
• This jurisdiction allows the Supreme Court to correct errors or inconsistencies in lower court decisions, ensuring uniformity in the application of the law across the country.

Advisory Jurisdiction

• The Supreme Court can provide advice to the President of India on constitutional or legal issues when requested.
• This advisory role is not binding, meaning the President is not obligated to follow the Court’s advice.
• This jurisdiction allows the Supreme Court to clarify constitutional matters, helping the government make informed decisions on complex legal issues.

Miscellaneous Functions

• The Supreme Court maintains a record of all its proceedings and judgments, known as the Court of Record. These records are preserved for future reference and serve as legal precedents.
• It directly handles election petitions, which are formal requests challenging election results or processes.
• These functions ensure transparency and accountability in the judicial process and address specific legal matters that fall under the Supreme Court’s authority.

Public Interest Litigation (PIL)

• Protects public interests by allowing individuals or groups to file cases on behalf of affected groups.
• Filed through writ petitions or letters to the Chief Justice of India.
• Example: In 2001, PUCL filed a PIL for food shortage issues, demanding employment in drought areas, free relief for those unable to work, increased food entitlements, and subsidized/free food grains.
• Supreme Court appointed commissioners to ensure compliance, ordered FCI to prevent food grain wastage, and directed states to implement schemes.

Provision of Legal Aid

• Supreme Court Legal Aid Committee provides free legal aid to:
• People with annual income below ₹18,000.
• Scheduled Castes or Scheduled Tribes members.
• Victims of natural calamities.
• Women, children, mentally ill, or disabled persons.
• People in custody.

High Courts

• Highest court in each state, with 25 High Courts across India.
• Delhi has its own High Court; Jammu & Kashmir and Ladakh share one.
• Other union territories fall under state High Courts’ jurisdiction.

Composition

• Consists of a Chief Justice and other judges.
• Chief Justice is appointed by the President in consultation with the Chief Justice of India and the state’s Governor.
• Other judges are appointed by the President after consulting the Chief Justice of the Supreme Court, the state’s Governor, and the High Court’s Chief Justice.

Eligibility

• Must be a citizen of India.
• Must have held a judicial office for 10 years or been a High Court advocate for 10 years.

Tenure

• Judges retire at age 62.
• Judges may resign voluntarily.
• Judges can be removed by the President for proven misbehavior or incapacity via impeachment.

Powers and Functions of the High Court

Original Jurisdiction

• The High Court has the authority to issue directions, orders, or writs to any person, authority, or government within its jurisdiction when the Fundamental Rights of citizens are violated.
• Writs are legal documents that order someone to do or refrain from doing something, ensuring the protection of constitutional rights.
• This jurisdiction allows the High Court to directly address cases involving violations of Fundamental Rights, providing immediate relief to affected citizens.

Appellate Jurisdiction

• The High Court has the power to hear appeals against decisions made by lower courts in both civil and criminal cases.
• This includes reviewing judgments from subordinate courts, such as District Courts, to ensure fairness and correctness in the application of the law.
• The High Court can uphold, modify, or overturn the decisions of lower courts, ensuring justice is served.
• In criminal cases, the High Court can review severe punishments, including capital punishment (death penalty), to ensure proper legal procedures are followed.

Administrative Jurisdiction

• The High Court supervises the functioning of all subordinate courts within its jurisdiction, such as District Courts and other lower courts.
• It has the authority to issue general rules and guidelines to regulate the proceedings of these courts, ensuring consistency and efficiency in their operations.
• This administrative oversight helps maintain uniformity and accountability in the judicial processes of subordinate courts.

Other Jurisdiction

• Contempt Proceedings:
  • The High Court can initiate contempt proceedings against anyone found disrespecting or undermining the authority of the court.
  • This ensures that the court’s dignity and judicial processes are respected.
• Public Interest Litigation (PIL):
  • Like the Supreme Court, High Courts can accept Public Interest Litigation cases.
  • PIL allows individuals or groups to file cases on behalf of those whose rights are affected, addressing issues of public importance, such as violations of rights or social injustices.
  • This mechanism ensures that marginalized or disadvantaged groups have access to justice.

Subordinate/District Courts

• Operate at district, tehsil, or town levels, handling civil and criminal cases.
• Presided over by a district judge appointed by the state government.
• May include additional or assistant district judges based on workload.
• Under the administrative and judicial control of the state’s High Court.
• District & Sessions Judge is the highest court in a district, authorized to impose any punishment, including capital punishment.
• Lower courts include Civil Judges (Senior/Junior Division) for civil cases and Chief Judicial Magistrate/Judicial Magistrate for criminal cases.

Functions of District Courts

• Handle cases within the district.
• Resolve civil disputes related to land and property.
• Maintain peace in the district.
• Hear appeals from lower courts’ decisions.
• Face challenges like case backlogs, causing delays in justice delivery.

Lok Adalats

• Provide accessible justice for citizens, especially the poor, who face barriers due to costs, time, and legal complexities.
• Established under the Legal Services Authorities Act, 1987.
• Voluntary agencies monitored by State Legal Aid and Advice Boards.
• Aim to resolve disputes quickly and amicably at no cost.
• Effective alternative for settling petty and local disputes.

Impartial and Independent Judiciary

• Judiciary’s independence is crucial for upholding democracy and the rule of law.
• Separation of powers prevents interference from the legislature and executive.
• Constitutional provisions ensure independence in appointments, tenure, and pay.
• Judges are appointed with minimal interference from other government branches.
• Removal of judges is difficult, ensuring stability and impartiality.
• Supreme Court is the Guardian of the Constitution, with power to declare laws unconstitutional.
• Protects Fundamental Rights, allowing citizens to approach courts for violations.

Case Study: Judicial Impartiality

• Jessica Lal murder case (1999) demonstrates judicial impartiality.
• Jessica, a 34-year-old model, was shot dead by Manu Sharma, son of an influential politician, in Delhi after refusing to serve liquor after legal hours.
• Manu fired two shots, one hitting the ceiling and one killing Jessica.
• Charged with murder and destroying evidence under the Arms Act.
• Delhi High Court sentenced him to life imprisonment in 2006.
• Supreme Court upheld the life sentence in 2010 after multiple hearings.
• Case shows equality before the law, as an influential person’s son was punished.