Class 8 Social Science Notes Chapter 5 (Judiciary) – Social and Political Life Book

Alright students, let's focus on Chapter 5, 'Judiciary', from your Social and Political Life textbook. This is a crucial chapter, not just for your exams but also for understanding how our country functions and how our rights are protected. Pay close attention as we break down the key concepts for effective government exam preparation.

Chapter 5: Judiciary - Detailed Notes

1. Introduction: The Need for a Judiciary

• India follows the Rule of Law, meaning laws apply equally to all citizens, and specific procedures must be followed when a law is violated.
• To enforce this Rule of Law, we need a judicial system – a mechanism of courts that citizens can approach when a law is broken.
• The Judiciary is one of the three key organs of the State (the others being the Legislature and the Executive). It plays a critical role in a functioning democracy.

2. What is the Role of the Judiciary?

The judiciary performs several vital functions:

• (a) Dispute Resolution:
  • Resolves conflicts between:
    • Citizens (e.g., property disputes, family matters).
    • Citizens and the Government (e.g., challenging a government action or law).
    • Two or more State Governments (e.g., river water sharing disputes).
    • The Centre and State Governments.
• (b) Judicial Review:
  • This is a key power. The judiciary acts as the final interpreter of the Constitution.
  • If the judiciary finds that any law passed by the Parliament (Legislature) or any action by the Executive violates the Constitution (especially the Basic Structure or Fundamental Rights), it has the power to strike down that law or action.
  • This ensures that the Legislature and Executive do not overstep their constitutional limits.
• (c) Upholding the Law and Enforcing Fundamental Rights:
  • Every citizen has the right to approach the Supreme Court (under Article 32) or the High Courts (under Article 226) if they believe their Fundamental Rights have been violated.
  • The courts then issue orders (writs) to protect these rights. Example: The case of Hakim Sheikh, an agricultural labourer who fell from a train and was denied treatment by several government hospitals. The Supreme Court ruled that the Right to Health is part of the Right to Life (Article 21) and directed the West Bengal government to compensate him.

3. What is an Independent Judiciary?

• Meaning: The judiciary must function independently, without interference or influence from the other branches of government (Legislature and Executive) or any other powerful entities. Judges must be able to deliver justice impartially.
• Importance:
  • Ensures fair and unbiased decisions.
  • Prevents misuse of power by politicians or government officials.
  • Crucial for protecting citizens' Fundamental Rights from potential government overreach.
• How is Independence Ensured in India?
  • Separation of Powers: The Constitution clearly demarcates functions, preventing one organ from interfering excessively in another's domain.
  • Appointment: Judges of the Supreme Court and High Courts are appointed by the President, generally in consultation with the Chief Justice of India (CJI) and other senior judges (through the Collegium system, though the exact process has seen debate). Political influence is minimized.
  • Security of Tenure: Judges hold office until a fixed retirement age. They cannot be easily removed; the process of impeachment is deliberately complex and difficult, requiring a special majority in Parliament.
  • Financial Independence: Salaries and allowances of judges are charged to the Consolidated Fund of India (or State), meaning they are not subject to the annual vote of the legislature.
  • Power to Punish for Contempt: Courts can punish those who disrespect or disobey their orders or try to interfere with the judicial process.

4. What is the Structure of Courts in India?

India has an integrated judicial system with a pyramidal structure:

• (a) Supreme Court of India:
  • The apex court (highest court) in the country.
  • Located in New Delhi.
  • Headed by the Chief Justice of India (CJI).
  • Its decisions are binding on all other courts in India.
  • Has original, appellate, and advisory jurisdiction.
• (b) High Courts:
  • The highest court in a state.
  • Each state has a High Court, though Parliament can establish a common High Court for two or more states (e.g., Punjab and Haryana High Court).
  • Can hear appeals from lower courts.
  • Can issue writs to enforce Fundamental Rights.
• (c) Subordinate or District Courts:
  • Located at the district or Tehsil level.
  • These are the courts most people interact with.
  • Presided over by the District Judge.
  • Handle cases within their specific geographical jurisdiction.
  • Further divided into civil courts and criminal courts (often handled by different magistrates/judges like Sessions Judge, Chief Judicial Magistrate, Civil Judge etc.).
• Integrated System: This means a person can appeal to a higher court if they are not satisfied with the judgment of a lower court (e.g., from District Court to High Court, and then potentially to the Supreme Court, subject to rules).

5. What are the Different Branches of the Legal System?

There are two main branches:

• (a) Criminal Law:
  • Deals with conduct or acts defined as offences by law (e.g., theft, robbery, murder, dowry harassment, assault).
  • Procedure: Usually begins with lodging a First Information Report (FIR) with the police, who then investigate the crime. If evidence is found, a case is filed in court.
  • Parties: The case is fought between the State (represented by the Public Prosecutor) and the accused.
  • Outcome: If found guilty, the accused can be punished with fines, imprisonment, or even the death penalty in rare cases.
• (b) Civil Law:
  • Deals with disputes concerning harm or injury to the rights of individuals (not typically involving crime against society).
  • Examples: Disputes relating to land sale/purchase, property inheritance, rent matters, divorce cases, contract violations.
  • Procedure: A petition has to be filed before the relevant court by the affected party (plaintiff).
  • Parties: The case is fought between the plaintiff (the one who files the case) and the defendant (the one against whom the case is filed).
  • Outcome: The court gives specific relief, such as ordering payment of rent, enforcing a contract, granting divorce, or providing monetary compensation (damages). Imprisonment is generally not an outcome in civil cases.

6. Does Everyone Have Access to the Courts?

• In Principle: Yes, all citizens of India have the right to access the courts for justice. Access to justice is considered a fundamental right.
• In Reality: Access can be difficult for many, especially the poor and marginalized, due to:
  • Cost: Significant money is often required for lawyers' fees, court fees, and other expenses.
  • Time: Legal procedures can be lengthy, involving numerous hearings over years ('Justice delayed is justice denied').
  • Paperwork & Procedures: Complex legal procedures can be intimidating and difficult to navigate without legal help.
  • Lack of Awareness: Many people are unaware of their rights or the procedures to seek justice.
• Public Interest Litigation (PIL):
  • Introduced by the Supreme Court in the early 1980s as a mechanism to increase access to justice.
  • Allows any individual or organisation to file a case in the High Court or Supreme Court on behalf of those whose rights are being violated but who cannot approach the court themselves (due to poverty, ignorance, etc.).
  • Simplified the process – even a letter or telegram addressed to the court could be treated as a PIL.
  • Has been instrumental in securing justice on issues like bonded labour, release of undertrial prisoners, environmental protection, right to food (leading to mid-day meals in schools), etc.
• Expanded Interpretation of Article 21 (Right to Life): The judiciary, often through PILs, has vastly expanded the meaning of the Right to Life to include the Right to Food, Right to Health, Right to Livelihood, Right to Shelter, Right to Clean Environment, etc.
• Challenges Remain: Despite PIL, courts face huge backlogs of cases, leading to long delays which undermine the principle of timely justice.

Conclusion:

An independent and accessible judiciary is the bedrock of democracy. It ensures that the rule of law prevails, protects fundamental rights, and provides a mechanism for peaceful dispute resolution. While challenges like delays and access issues persist, mechanisms like PIL demonstrate the judiciary's potential to adapt and strive towards justice for all.

Multiple Choice Questions (MCQs)

1. Which of the following is NOT a primary role of the Judiciary in India?
   a) Dispute Resolution
   b) Making Laws for the country
   c) Judicial Review
   d) Upholding the Law and Enforcing Fundamental Rights

2. The power of the Judiciary to strike down laws passed by the Parliament if they violate the Constitution is called:
   a) Legislative Power
   b) Executive Power
   c) Judicial Review
   d) Dispute Resolution

3. What does the concept of an 'Independent Judiciary' primarily mean?
   a) The Judiciary can make its own laws.
   b) The Judiciary is not under the control of the Legislature or the Executive.
   c) Judges are appointed directly by the Prime Minister.
   d) Courts do not need to follow the Constitution.

4. Which is the apex court in the Indian judicial structure?
   a) High Court
   b) District Court
   c) Supreme Court
   d) Lok Adalat

5. A dispute between the Government of Rajasthan and the Government of Gujarat over water sharing would be resolved by:
   a) The High Court of Rajasthan
   b) The High Court of Gujarat
   c) The District Courts of both states
   d) The Supreme Court of India

6. Cases involving theft, murder, and dowry harassment fall under which branch of the legal system?
   a) Civil Law
   b) Constitutional Law
   c) Administrative Law
   d) Criminal Law

7. In a criminal case, the case is prosecuted in court primarily by the:
   a) Victim
   b) Accused's Lawyer
   c) Police Investigator
   d) State (through the Public Prosecutor)

8. What mechanism was introduced by the Supreme Court to increase access to justice for the poor and marginalized?
   a) Fast Track Courts
   b) Public Interest Litigation (PIL)
   c) Alternative Dispute Resolution (ADR)
   d) Gram Nyayalayas

9. Under which Fundamental Right has the Supreme Court included rights like Right to Health and Right to Food?
   a) Right to Equality (Article 14)
   b) Right to Freedom (Article 19)
   c) Right to Life (Article 21)
   d) Right against Exploitation (Article 23)

10. If a citizen feels their Fundamental Rights have been violated, they can directly approach which courts?
    a) Only the District Court
    b) Only the Supreme Court
    c) Only the High Court
    d) Both the High Court and the Supreme Court

Answer Key for MCQs:

1. b) Making Laws for the country (This is the role of the Legislature)
2. c) Judicial Review
3. b) The Judiciary is not under the control of the Legislature or the Executive.
4. c) Supreme Court
5. d) The Supreme Court of India (Disputes between states fall under its original jurisdiction)
6. d) Criminal Law
7. d) State (through the Public Prosecutor)
8. b) Public Interest Litigation (PIL)
9. c) Right to Life (Article 21)
10. d) Both the High Court (Art 226) and the Supreme Court (Art 32)

Study these notes thoroughly. Understanding the structure, functions, and importance of the judiciary is essential. Good luck with your preparation!