CBSE Class 8 Social Science Judiciary Notes. Learning the important concepts is very important for every student to get better marks in examinations. The concepts should be clear which will help in faster learning. The attached concepts made as per NCERT and CBSE pattern will help the student to understand the chapter and score better marks in the examinations.
IMPORTANT TERMS AND CONCEPTS
*Judicial Review : It means the power of the Supreme Court to review the laws passed by the legislature if it believes that there has been a violation of the basic structure of the Constitution.
* Compensation : Payment in cash or kind to cover up the losses.
*Separation of Powers : It means the executive and legislature cannot interfere in the work of the judiciary.
*Jurisdiction : It is the power that a court of law enjoys to pronounce legal judgement.
* Law : It means a rule of human conduct which is binding upon all the members of a society. Laws are generally made by the legislature of our country.
*Appellate Jurisdiction : This is the power of the superior court to hear and decide an appeal against the judgement of lower courts.
* Original Jurisdiction : It extends to such cases as come directly before the Supreme Court and over which Supreme Court has exclusive jurisdiction.
*Single and Unified Judiciary : Single and unified judiciary represents a hierarchy of courts with a Supreme Court at the top. In this system there is complete uniformity in the administration of justice.
*Acquit : The person who is declared not guilty of the crime for which he was tried by the court.
* Eviction : An act under which the person is asked to evict (leave) the land or home where he/she is living in.
* Violation : Not following the law or breaking a law. It also refers to the breach or encroachment of Fundamental Rights.
*The Supreme Court was established on 26th January, 1950. Located in Delhi.
*High Court were first established in the three presidency cities of Calcutta, Bombay and Madras in 1862. High Court of Delhi came up in 1966.
* Presently there are 21 High Courts. Punjab and Haryana share a common High Court at Chandigarh.
*Seven north-east states have a common High Court at Guwahati.
* The judiciary occupies an important place, in the Indian federal system.
* Union and state governments function simultaneously. The Constitution has divided their jurisdictions through three Lists: the Union List, the State List and the Concurrent List. But there is always a possibility of disputes between the centre and the state or between the state governments. The judiciary is to play a crucial role in such situations.
*The Constitution of India clearly lays down that the dispute between the centre and the states or between states will be resolved by the judiciary .
* The judiciary is also responsible to ensure that the rights of citizens are respected and protected and the powers of the government do not cross the limits prescribed .
* India has a single, unified judicial system for the entire country. The Supreme Court is at the top of the judicial system. There are High Courts at the state level and further below are subordinate courts.
THE SUPREME COURT
* The Supreme Court is at the apex of the Indian Judiciary.lt was established by the Constitution .
*It has a Chief Justice and 25 other judges. The number of judges can be changed by the Parliament.
* The Chief Justice of India and other judges are appointed by the President. The President consults other Judges of the Supreme Court and High Courts while making these appointments. In case of the appointment of other judges, the Chief Justice is always consulted.
(i) Qualifications :
For appointment as a judge of the Supreme Court one must be a citizen of India and must have been a judge of a High Court for 5 years or must have served as an advocate in a High Court for'at least 10 years or has been a distinguished jurist in the opinion of the President.
(ii) Oath and Term :
*The judges of the Supreme Court take an oath or affirmation before entering upon office, conducted by President or some person appointed by him.
*Once appointed, a judge holds office till the age of 65.
(iii) Removal :
*The Judges of the Supreme Court can be removed only by a special procedure. A judge can be removed by the President of India only when an impeachement is passed by both the houses of Parliament in the same session, asking for his or her removal on the grounds of proven mis-behaviour and incapacity .
* Each house has to pass the address by a majority of its total membership and a two-thirds majority of the members present and voting.
*Judges of the Supreme Court addresses his resignation to the President.
(iv) Emoluments :
*The Chief Justice of India gets a monthly salary of Rs.1,00,000. Other judges get Rs.90,000. They also receive allowances and other benefits .
*While in office their salaries and other benefits normally cannot be reduced.
*After retirement, they cannot practice in any court of law.
(v) Jurisdiction :
The jurisdiction of the Supreme Court may be categorised as original, appellate and advisory jurisdictions.
(a) Original Jurisdiction :
The Supreme Court has exclusive jurisdiction over disputes
* Between the Government of India and one or more states;
* Between the Government of India and one or more states on one side and one or more states on the other; and
*Between two or more states.
(b) Appellate Jurisdiction :
Three types of appeals can be made to the Supreme Court .
*Firstly, there can be an appeal against any decision or order of a High Court, if the High Court gives a certificate that it involves some question of the interpretation of the Constitution.
*Secondly, there can be appeal against civil cases decided by a High Court if the High Court gives a certificate that the case involves a substantial question of law.
* Thirdly, in respect of criminal cases too, there can be an appeal to the Supreme Court. If a High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death, or if by withdrawing a case from the lower court to itself it has sentenced a person to death, one can go for an appeal to the Supreme Court.
*Finally, the Supreme Court also can allow any decision by a lower court to come to it.
*The Supreme Court can review any judgment given by itself.
* The Supreme Court is also given the power under our Constitution to transfer a case that is being decided in any court and bring it to itself. If it feels that an important question of law is involved .
* Parliament can confer on the Supreme Court more powers by passing a law.
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