Goyal Brothers Solutions for ICSE Class 8 History Civics Chapter 14 The Judiciary

The Judiciary

I. Fill in the blanks:

1. The Supreme Court is the highest court of appeal in India.
2. The Supreme Court of India consists of a Chief Justice and 30 other judges.
3. The judges of the High Court retire at the age of 62 years.
4. The courts at the district level and below it are known as the subordinate courts.
5. The Chief Justice of India is J.S. Khehar.

II. Match the contents of Column A with those of Column B:

III. Tick mark (✓) the correct statements and cross mark (X) the wrong ones:
1. The judges of the Supreme Court retire at the age of 60.
Answer: X (False)

2. The President of India is free to remove the judges of the Supreme Court.
Answer: X (False)

3. The Chief Justice of the High Court is appointed by the President of India.
Answer: ✓ (True)

4. The highest criminal court in the district is the munsif court.
Answer: X (False)

IV. Answer the following questions:

Question 1. Why is the Judiciary important?
Answer: The judicial system plays a critical role in society by holding lawbreakers and offenders accountable through appropriate punishments. It is tasked with explaining, interpreting, and applying legislative acts across different situations. Furthermore, the judiciary offers a structured and impartial platform to resolve civil and criminal disputes, which would otherwise remain unresolved.
In simple words: The judiciary is necessary to punish criminals, explain what laws mean, and resolve arguments between people fairly.

Exam Tip: Mention three key functions: punishing lawbreakers, interpreting the constitution or laws, and resolving legal disputes.

Question 2. What is the composition of the Supreme Court?
Answer: The Supreme Court of India is headed by the Chief Justice, working alongside a maximum of thirty other judges. The ultimate authority to decide or alter the total number of judges serving on the apex court lies with the Parliament, which revises this limit periodically.
In simple words: The Supreme Court has one Chief Justice and up to thirty other judges. Parliament has the authority to change this number when needed.

Exam Tip: Specify that the court is composed of the Chief Justice and a legally set number of other judges, which is determined by Parliament.

Question 3. Who appoints the judges? What are the qualifications of a Supreme Court judge?
Answer: The President of India is responsible for appointing both the Chief Justice and the other judges of the Supreme Court. To be eligible for appointment as a judge of the Supreme Court, a candidate must fulfill the following criteria:
1. Hold citizenship of India.
2. Be recognized as an eminent jurist in the opinion of the President.
OR
3. Have served as a judge in one or more High Courts for a continuous period of at least five years.
OR
4. Have practiced as an advocate in one or more High Courts for a minimum of ten years.
In simple words: The President of India appoints the Supreme Court judges. To qualify, a person must be an Indian citizen and either be a highly respected legal expert, a High Court judge for 5 years, or a High Court advocate for 10 years.

Exam Tip: Clearly state that the President makes these appointments, and list the citizenship rule along with the three alternative professional requirements using 'OR'.

Question 4. Describe the powers and functions of the High Court of India. What type of cases come before the High Courts in India?
Answer: The High Court of a state exercises both judicial and administrative authority through several key roles:
1. Original Jurisdiction: Certain legal matters can be filed directly in the High Court without going to lower courts first. These include petitions for enforcing Fundamental Rights, and disputes regarding divorces, wills, and marital laws.
2. Appellate Jurisdiction: The High Court functions as a superior court of appeal, hearing challenges against civil and criminal judgments delivered by lower district courts.

Additionally, the High Court holds administrative control over the state's judicial system. It monitors and supervises the operations of all subordinate courts within its state boundaries, has the power to transfer ongoing cases from lower courts to itself or other branches, and can inspect their official records.
In simple words: High Courts can hear cases directly for the first time (like marital disputes and Fundamental Rights) and also hear appeals against decisions made by lower courts. They also supervise and inspect all lower district courts in the state.

Exam Tip: Clearly distinguish between 'Original Jurisdiction' (filed directly) and 'Appellate Jurisdiction' (appeals from lower courts) in your description.

Question 5. What are the functions of a district judge?
Answer: The judicial administration at the district level is managed by subordinate courts, split into civil and criminal divisions. The District Judge acts as the highest judicial officer in the district:
1. When presiding over civil matters - which include disputes over property, monetary transactions, contract breaches, and marriage laws - the officer acts as the District Judge, delivering final rulings.
2. When handling criminal trials, this same official operates in a criminal capacity and is designated as the Sessions Judge.
In simple words: The District Judge is the head of the district courts. When they handle civil cases like money or marriage disputes, they are called the District Judge, but when they handle criminal cases, they are called the Sessions Judge.

Exam Tip: Highlight the dual title of this official: 'District Judge' for civil disputes and 'Sessions Judge' for criminal trials.

Question 6. Distinguish between civil and criminal cases.
Answer: Legal cases are divided into two main categories:
- Civil Cases: Deal with private disputes between individuals or organizations, covering matters such as property ownership, breaches of contract, marriage, divorce, and financial disagreements.
- Criminal Cases: Involve offenses committed against the public or the state, where a legal crime has been committed, such as theft, assault, robbery, or murder.
In simple words: Civil cases resolve private disputes like marriage or property arguments, while criminal cases deal with actual crimes against the law, like theft or murder.

Exam Tip: Use clear examples for both: property and marriage for civil cases, and theft and murder for criminal cases.

Question 7. Explain various types of writs. When are they issued?
Answer: The Supreme Court and state High Courts act as protectors of citizens' Fundamental Rights. When these rights are violated, the courts can issue five types of special orders or writs:
1. Habeas Corpus: Translating to 'produce the body', this order commands the release of any individual who has been unlawfully detained or confined.
2. Prohibition: A preventative order sent by a higher court to a lower court, instructing them to stop ongoing proceedings because they are exceeding their legal limits.
3. Certiorari: An order issued by a higher court to a lower judicial body or administrative authority to review and officially cancel a decision that has already been made. While Prohibition stops an active case, Certiorari overturns a finished ruling.
4. Mandamus: Meaning 'we command', this order is issued to a lower court or public official, instructing them to perform a mandatory duty that they have refused to carry out.
5. Quo Warranto: Meaning 'by what authority', this writ challenges the right of an individual to hold a public office, preventing unauthorized persons from occupying public positions.
In simple words: Writs are special legal orders issued by high courts to protect our rights. They include Habeas Corpus (releasing unlawfully jailed people), Prohibition and Certiorari (stopping or canceling wrong lower court decisions), Mandamus (ordering officials to do their jobs), and Quo Warranto (checking if an official has the right to hold office).

Exam Tip: Be ready to list all five writs, and clearly explain the timing difference between Prohibition (issued during a trial) and Certiorari (issued after a ruling).

Additional Questions

Exercises

A. Fill in the blanks:

1. In India there is a single unified system of courts for the Indian Union and the states.
2. The Supreme Court of India is located in New Delhi.
3. To qualify for the post of a judge in the Supreme Court, a person must either be an advocate of a High Court for at least ten years or a judge of a High Court for five years’ standing.
4. The High Court controls and supervises the functioning of subordinate courts.
5. The records of the High Court serve as references for lower courts in future cases.

B. Match the following:

C. Choose the correct answer:

Question 1. Disputes between the union government and the state government fall under which jurisdiction of the Supreme Court?
(a) Original Jurisdiction
(b) Advisory Jurisdiction
(c) Appellate Jurisdiction
(d) None of the options
Answer: (a) Original Jurisdiction
In simple words: When there is a direct legal argument between the central government and a state government, it can only be filed directly in the Supreme Court.

Exam Tip: Disputes between different tiers of government are a classic example of the Supreme Court's exclusive 'Original Jurisdiction'.

Question 2. Which body has the power of judicial review?
(a) District Court
(b) Nyaya Panchayats
(c) Supreme Court
(d) None of the options
Answer: (c) Supreme Court
In simple words: The Supreme Court has the special authority to check if laws passed by the government are constitutional, and can cancel them if they violate it.

Exam Tip: Judicial review is a key power of the Supreme Court to check the constitutionality of legislative and executive acts.

Question 3. The High Court is the highest court of justice in a:
(a) village
(b) district
(c) state
(d) None of the options
Answer: (c) state
In simple words: The High Court is the supreme judicial authority within an individual state's boundaries.

Exam Tip: The High Court sits at the apex of the judicial hierarchy within each state.

Question 4. Judges of the High Court can serve till they are how many years old?
(a) 60 years old
(b) 62 years old
(c) 65 years old
(d) None of the options
Answer: (b) 62 years old
In simple words: High Court judges retire when they reach the age of 62, whereas Supreme Court judges retire at 65.

Exam Tip: Remember the retirement age difference: 62 for High Court judges, and 65 for Supreme Court judges.

Question 5. Which of the following were set up to provide quicker and cheaper judicial services?
(a) Nyaya Panchayats
(b) Lok Adalats
(c) District Courts
(d) None of the options
Answer: (b) Lok Adalats
In simple words: Lok Adalats, meaning 'People's Courts', were established to settle disputes quickly and affordably outside of formal litigation.

Exam Tip: Lok Adalats focus on speed, mutual compromise, and eliminating expensive court fees.

D. State whether the following are true or false:
1. The Chief Justice of the Supreme Court is appointed by the Prime Minister of India.
Answer: False

2. No cases can be brought directly to the Supreme Court for the first time.
Answer: False

3. A High Court is not a court of record.
Answer: False

4. A Nyaya Panchayat can impose a fine upto Rs. 10,000.
Answer: False

5. The process of obtaining justice through law courts is a long-drawn-out and expensive process in our country.
Answer: True

E. Answer the following questions in one or two words/ sentences:

Question 1. On what grounds can Supreme Court judges be removed from office?
Answer: A Supreme Court judge can be removed from office solely on the grounds of proven misbehavior or physical/mental incapacity, which must be executed through a formal impeachment process approved by both Houses of Parliament.
In simple words: A Supreme Court judge can only be removed if they are proven guilty of bad behavior or are unable to do their job, which requires a vote in Parliament.

Exam Tip: Use the key term 'proven misbehaviour or incapacity' and name 'impeachment' as the constitutional process of removal.

Question 2. Mention any two kinds of disputes that can be brought directly before the Supreme Court.
Answer: Two types of legal matters that can be filed directly in the Supreme Court under its Original Jurisdiction are:
1. Direct disagreements or disputes arising between the central Union Government and one or more state administrations.
2. Constitutional challenges where a law, government policy, or action by an individual is accused of violating the Constitution of India.
In simple words: First, legal battles between the central government and state governments. Second, cases where a government action or a law violates the Constitution.

Exam Tip: Relate this directly to the court's 'Original Jurisdiction', citing inter-state or center-state disputes and constitutional violations.

Question 3. What is the Advisory Jurisdiction of the Supreme Court?
Answer: Under its Advisory Jurisdiction, the Supreme Court can provide its official legal or constitutional opinion on complex matters of public importance when requested by the President of India. However, this opinion is not binding, meaning the President is free to accept or reject the advice.
In simple words: If the President asks for advice on a difficult legal question, the Supreme Court will give its opinion, though the President does not have to follow it.

Exam Tip: State that this involves the President requesting advice on legal matters, and clarify that the court's opinion is non-binding.

Question 4. Why are the records of the cases and judgement of the Supreme Court important?
Answer: The preserved transcripts of hearings and legal judgments of the Supreme Court are highly important because they act as permanent, legally binding precedents and authoritative references for lower courts in future trials.
In simple words: These records are preserved because they serve as official guides and examples for lower courts to follow in similar cases.

Exam Tip: Use the term 'precedent' or 'authoritative reference' to describe the legal value of these recorded judgments.

Question 5. Who appoints the Chief Justice of the High Courts?
Answer: The Chief Justice of a state High Court is appointed by the President of India, who makes the decision after consulting with both the Governor of the respective state and the Chief Justice of India.
In simple words: The President of India appoints the High Court Chief Justice, after consulting with the state's Governor and the Chief Justice of India.

Exam Tip: Identify the President as the appointing authority and name the two consults: the Governor of the state and the Chief Justice of India.

Question 6. What are writs ?
Answer: A writ represents a formal, written court order issued by a superior judicial authority directing a public official, lower court, or individual to perform or refrain from a specific action. Examples of these orders include Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
In simple words: A writ is a written order from a high court telling an official or a lower court to do or stop doing a specific action, helping to protect our rights.

Exam Tip: Define a writ as a formal written command of the court used to enforce Fundamental Rights, and list at least three examples.

Question 7. What is a Nyaya Panchayat?
Answer: A Nyaya Panchayat is a community-based judicial body operating at the village level designed to resolve small-scale legal disputes. It has the authority to try petty civil and criminal complaints, such as land trespassing, local personal arguments, and minor thefts.
In simple words: It is a small, local court in a village that settles minor arguments, small thefts, and trespass disputes quickly.

Exam Tip: Define it as a village-level court and give typical examples of cases it handles, such as minor theft and trespassing.

Question 8. Why have Lok Adalats been set up?
Answer: Lok Adalats have been established across the country to offer a faster, compromise-based, and highly affordable alternative to the expensive and slow-moving traditional court system.
In simple words: Lok Adalats are set up to resolve legal cases quickly and without charging expensive fees, helping poor people get justice.

Exam Tip: State that their primary purpose is to deliver inexpensive and speedy justice through mutual compromise.

Question 9. Why are Lok Adalats becoming popular?
Answer: The popularity of Lok Adalats is growing rapidly because they offer citizens a highly efficient, cost-free, and rapid settlement process compared to standard litigation.
In simple words: They are popular because they resolve legal cases very quickly and do not cost people a lot of money.

Exam Tip: Highlight 'speedy resolution' and 'affordability' as the two main reasons for their popularity.

Question 10. What is the objective of the Legal Aid Scheme?
Answer: The main goal of the Legal Aid Scheme is to guarantee that financial or social hardships do not deny any citizen access to justice, providing free legal representation and advisory services to economically backward and marginalized groups.
In simple words: The goal of the scheme is to provide free lawyers and legal help to poor or marginalized people who cannot afford court costs.

Exam Tip: State that its main objective is to offer free legal representation to weaker and marginalized sections of society.

F. Answer the following questions briefly:

Question 1. The Supreme Court is the highest judicial body in the country. In this context, explain:
(a) Its original Jurisdiction
(b) Its Appellate Jurisdiction.
(c) Why it is called the guardian of the Constitution.
Answer:
(a) Original Jurisdiction: The Supreme Court has exclusive authority to hear and decide certain categories of disputes directly for the first time. This includes:
1. Legal conflicts arising between the central Union Government and one or more state administrations.
2. Inter-state disputes between two or more different state governments.
3. Actions by individuals or the government that violate constitutional provisions.
4. Direct challenges regarding the violation of an individual's Fundamental Rights.

(b) Appellate Jurisdiction: As the ultimate court of appeal in India, the Supreme Court has the power to hear and review challenges against judgments delivered by state High Courts. It has the authority to review, confirm, or completely overturn lower court decisions in both civil and criminal matters.

(c) Guardian of the Constitution: The Supreme Court acts as the protector of the nation's supreme law in two main ways:
1. Judicial Review: It can declare any law passed by Parliament or executive order issued by the government null and void if it is found to violate the Constitution.
2. Enforcement of Rights: It has the power to issue special legal commands (writs) to protect and restore the Fundamental Rights of citizens.
In simple words: Under Original Jurisdiction, the Supreme Court directly hears disputes between governments or cases of rights violations. Under Appellate Jurisdiction, it acts as the final court to review appeals against High Court rulings. It guards the Constitution by canceling unconstitutional laws and issuing writs to protect our rights.

Exam Tip: Use clear headings for parts (a), (b), and (c), explaining how 'Judicial Review' and 'Writs' make the court the guardian of the Constitution.

Question 2. With reference to the powers of the High Court, discuss its:
(a) Original Jurisdiction
(b) Appellate Jurisdiction.
(c) Review and Revisory Jurisdiction
Answer:
(a) Original Jurisdiction: The High Court has the power to hear certain legal matters directly for the first time, including petitions concerning the violation of Fundamental Rights, challenges to state laws, and official election petitions challenging the results of state elections.

(b) Appellate Jurisdiction: The High Court functions as the superior appellate court within its state, hearing challenges and appeals filed against civil and criminal judgments delivered by lower district and sessions courts. It can review, confirm, or modify these lower decisions.

(c) Review and Revisory Jurisdiction: The High Court has comprehensive administrative and revisory authority over all subordinate courts in its state. It can call for and inspect their trial records, review their judicial decisions, correct legal errors made by lower judges, and transfer ongoing cases from one district court to another to ensure a fair trial.
In simple words: High Courts can hear cases directly for the first time (like election arguments or rights violations) and hear appeals against lower court rulings. They also have the power to inspect lower court records and transfer cases to ensure justice is fair.

Exam Tip: For part (c), emphasize that the High Court's revisory power includes calling for trial files, correcting legal errors, and transferring cases to ensure fair trials.

Question 3. In the context of the judicial system in India, answer the following questions:
(a) What are the main features of a Nyaya Panchayat?
(b) Why are Lok Adalats are becoming popular in India?
(c) Mention the sections of society which receive free legal services under the Legal Aid Scheme.
Answer:
(a) Main Features of a Nyaya Panchayat:
1. Local Jurisdiction: This village-level judicial body is designed to settle minor local disputes and petty civil or criminal complaints.
2. Penalty Power: It has the authority to impose small financial penalties, capped at Rs. 100, but cannot sentence anyone to imprisonment.
3. System of Appeal: If a party is dissatisfied with the ruling, they have the right to file an appeal in a higher regular court.

(b) Popularity of Lok Adalats:
Lok Adalats have become highly popular across India because they settle pending disputes through mutual compromise in an informal, affordable, and extremely fast manner, saving people from long and expensive trials.

(c) Eligible Sections under the Legal Aid Scheme:
The Legal Aid Scheme offers free legal representation and help to:
- Members of Scheduled Castes, Scheduled Tribes, and other socially backward communities.
- Individuals living with mental illnesses or physical disabilities.
- Women and children.
In simple words: Nyaya Panchayats handle minor village cases, can only charge small fines up to Rs. 100, and their rulings can be appealed. Lok Adalats are popular because they settle cases quickly and affordably. Free legal aid is offered to SC/ST communities, women, children, and disabled individuals.

Exam Tip: For part (a), note the Rs. 100 fine limit. For part (c), list SC/ST communities, women, children, and disabled individuals as the key groups eligible for free aid.

G Picture study:

Question 1. Identify it.
Answer: The photograph depicts the building of the Supreme Court of India, located in New Delhi.
In simple words: The picture is of the Supreme Court of India.

Exam Tip: Identify it as the Supreme Court of India, which is the apex court of the country.

Question 2. What is the composition of this court?
Answer: The Supreme Court consists of the Chief Justice of India alongside other judges, with the total strength determined by Parliament. As per this textbook's curriculum, the maximum strength of judges, including the Chief Justice, is set at twenty-five.
In simple words: The court has one Chief Justice and other judges, with the total number set at twenty-five in this textbook.

Exam Tip: State that the court is composed of the Chief Justice and other judges, with the final strength decided by Parliament.

Question 3. Who appoints the judges?
Answer: The judges of the Supreme Court are formally appointed by the President of India, who makes these decisions on the advice of the Council of Ministers and in consultation with the Chief Justice of India.
In simple words: The President of India appoints the judges after consulting with the Chief Justice and the Council of Ministers.

Exam Tip: Identify the President as the appointing authority and name the Council of Ministers and Chief Justice of India as advisors.

Question 4. Explain its role as the guardian of the Constitution.
Answer: The Supreme Court protects the Constitution in two main ways:
1. Judicial Review: It can declare any law passed by Parliament or executive order issued by the government null and void if it is found to violate the Constitution.
2. Enforcement of Rights: It has the power to issue special legal commands for the enforcement of the Fundamental Rights of citizens.
In simple words: It guards the Constitution by canceling any laws that violate constitutional rules, and by issuing writs to protect the Fundamental Rights of citizens.

Exam Tip: Discuss the two main safeguards: the power of Judicial Review to cancel unconstitutional laws, and the power to issue writs to protect Fundamental Rights.