Maharashtra Board Class 8 Civics Chapter 4 The Indian Judicial System PDF Download

4. The Indian Judicial System

Along with the legislature and the Executive, the judiciary too is an important organ of the government. While the legislature makes the laws and executive implements the laws, Judiciary gives justice. In this chapter, we will learn, how Judiciary works to give justice and thereby helps in removing injustice in a society and establishes a healthy society. But before that let us understand why giving justice is necessary.

Opinions, thoughts, perspective, beliefs, faith and culture differ from person to person. If people are tolerant they can avoid conflicts. But if differences of opinion are very sharp they may lead to conflicts. They should be resolved impartially and in accordance with the laws. For this purpose an unbiased judicial machinery is required.

Conflict of interests may arise between individuals and the government. A decision or law made by the government may seem unfair to people and they may approach the court for justice.

The government tries to implement the objectives of social justice and equality laid down in the Constitution. The judiciary through its decisions in certain cases or through active involvement can support the government. The court can help to bring the weaker sections of society, women, children, differently-abled and transgender into the mainstream of the society.

When the common man benefits from the values of freedom, equality, and justice, it leads to the widening and deepening of democracy. This is necessary for the strengthening of democracy.

The Rule of Law is protected by the Judiciary. The law treats everyone equally. Rich, poor, forward-backward, men or women, all are equal before law and this is expressed clearly through judicial decisions.

Judiciary helps to protect the rights of people. Conflicts are resolved in accordance with law and law prevents emergence of repressive and authoritarian groups and individuals.

Structure Of The Judiciary

India is Union of States. The Centre and the Constituent States have a seperate legislature and executive. But there is one judicial system for the whole of India. There is no division of courts between the Centre and the Constituent States. This means that judiciary in India is an integrated system. The Supreme Court is the apex court under which there are High Courts. The High Courts control the district courts following which there are lower courts which are at the bottom of this structure.

Supreme Court

The Chief Justice of India (CJI) heads the Supreme Court of India. The President appoints the Chief Justice of India and other Judges of Supreme Court. By convention, the senior most judge of the Supreme Court is appointed as the Chief Justice.

The judiciary should not work under any kind of pressure. The independence of the judiciary is maintained so as to enable the judges to fearlessly carry out the function of giving justice. For this purpose, the Constitution has made the following provisions.

Teacher's Note

The judiciary is like a teacher in school who checks homework fairly. Just like your teacher marks your work without pressure, Indian judges also decide cases without any pressure from anyone.

Exam Trick

Remember: CJI = Chief Justice of India. CJI is the head judge. Think CJI = Captain of the Judicial team.

Points To Remember

The Chief Justice of India heads the Supreme Court.
The President appoints all Supreme Court judges.
Judges should work without any pressure or fear.
Independence of judiciary means judges make fair decisions.
The Constitution protects judges from political pressure.

The Constitution lays down the eligibility criteria for the judges. A legal expert or one having served as the High Court judge or an experienced advocate is considered eligible.

Judges are appointed by the President. This helps to avoid any political pressure.

Judges enjoy security of tenure. They cannot be removed from the post for trivial reasons or for political motives. The retirement age of judges of the Supreme Court is 65 years, while for the High Court it is 62 years.

The salaries of judges are drawn from the Consolidated Fund of India, no discussion takes place in Parliament.

Personal criticisms cannot be made on judges for their acts and decisions. Contempt of Court is considered is a punishable offense. This not only protects the judges from misguided/wrongful criticism but also preserves the independence of the judiciary.

The Parliament cannot discuss the decisions of the judges. However, it has the right to remove the judges from their position through the impeachment procedure.

Functions Of The Supreme Court

As a federal court, it has the responsibility to settle disputes between the Centre and states; and States on one side and States on the other.

It may also give orders to relevant authorities for protection of the fundamental rights of citizens.

To review decrees and orders of lower courts and also review its own decisions.

In case the President asks for the advice of the Court to understand the legal aspects in matters of public importance and provide the necessary advice.

Teacher's Note

Supreme Court is the highest court in India. It is like the principal of a big school who makes the final decision about everything.

Exam Trick

Remember: Supreme Court = Highest court. It is supreme means the strongest. Think of it like the national team captain - the most important.

Points To Remember

Supreme Court solves disputes between Centre and States.
It protects the fundamental rights of all citizens.
It can review decisions of lower courts.
The President asks for advice on important public matters.
Supreme Court is the apex court of India.

Judicial Activism

Traditionally, the Courts settle the disputes whenever they are approached for that purpose. In the last few decades, this image of the court has undergone a change and they have become increasingly active. This means that the court now seeks to fulfill the constitutional goals of justice and equality. The court has tried to provide legal protection to the marginalised sections in society, women, tribal, workers, farmers, and children. Public Interest Litigations have played an important role in this regard.

Teacher's Note

Judicial activism means courts now help poor people and weak people in society. For example, courts ordered that elections should be fair by asking candidates to show their money and property details.

Exam Trick

Remember: Activist = Active. Judicial activism = courts are very active in helping people. Courts now do more than just settle cases.

Points To Remember

Judicial activism means courts are now more active and helpful.
Courts help weak, poor, and marginalized people in society.
Courts support women, tribal people, workers, and children.
Public Interest Litigations are important in judicial activism.
Courts now work to fulfill constitutional goals of justice and equality.

Judicial Review

One of the most important responsibilities entrusted to the Supreme Court is the protection of the Constitution. You are aware that the Constitution is the fundamental law of the Nation. The Parliament cannot pass any law that violates the Constitution. Every act or policy made by the Executive should also be consistent with the Constitution. If any law passed by the Legislature or any act of the Executive violates any provision of the Constitution, the said law or act is declared illegal and struck down by the court. This power of the court is known as Judicial Review.

Teacher's Note

Judicial Review means courts check if laws are correct. If a law breaks the Constitution, the court cancels it. It is like a teacher checking if a student followed school rules.

Exam Trick

Remember: Judicial Review = Court checks laws. If a law breaks the Constitution, the court says NO and cancels it. Constitution is the boss, not Parliament.

Points To Remember

Judicial Review means courts can cancel bad laws.
Parliament cannot make laws against the Constitution.
Executive must also follow the Constitution.
Courts protect the Constitution through Judicial Review.
If a law is wrong, the court strikes it down.

Public Interest Litigation

Public Interest Litigation (PIL) refers to litigations filed on issues of public importance by individual citizens, social organisations or Non-Governmental Organisations on behalf of the all people. The court thinks over the questions raised and gives its decision.

Teacher's Note

PIL means anyone can take a case to court for the public good. For example, if there is pollution in your village, you can go to court to stop it.

Exam Trick

Remember: PIL = Public Interest Litigation. Anyone can file it for public good. Think PIL = People can fight in court for their village or town.

Points To Remember

PIL means common people can file cases in court.
PIL is for issues of public importance.
NGOs and social organizations can also file PIL.
Courts think about the questions raised in PIL.
PIL helps protect the rights of common people.

High Court

The Indian Constitution confers the Parliament with the power to establish a High Court in each Constituent State in the Union. Currently, there are 24 High Courts in India.

There is a Chief Justice along with other judges in the High Court.

All judges of the High Court are appointed by the President.

Functions Of The High Court

To supervise and maintain control over the lower courts in its jurisdiction.

Authority to give orders to protect fundamental rights.

The Governor seeks the advice of the High Court while appointing judges in the district courts.

Teacher's Note

High Court is like a big school that watches over all small schools. High Court watches over all lower courts in its area and makes sure they work fairly.

Exam Trick

Remember: High Court = Below Supreme Court, above district court. India has 24 High Courts. High Court = Regional boss of courts.

Points To Remember

There are 24 High Courts in India.
Each High Court has a Chief Justice and other judges.
High Courts watch over lower courts in their area.
High Courts protect fundamental rights of people.
Governor asks High Court's advice for appointing district judges.

District And Lower Courts

These are courts at the district and tehsil (taluka) level. The people generally go to these courts. Every District Court has one district judge.

The Branches Of Law In India

There are two main branches of law: (1) Civil law and (2) Criminal law.

Civil Law

This law deals with conflicts which affect or interfere with the rights of a person. For example, Conflicts regarding land and property, rent agreement, divorce, etc. After filing a petition in the relevant court, the said court gives a decision.

Criminal Law

Serious crimes are dealt under criminal law. For example, theft, robbery, dowry, murder, etc. In these cases, the first step is to file a First Information Report (FIR) with the Police. The police investigates the matter and then a petition is filed in the court. If the charges are proved, there are provisions for severe punishment.

Teacher's Note

Civil law is for fights between people about property or money. Criminal law is for serious crimes like theft or murder. Police come in criminal law, not in civil law.

Exam Trick

Remember: Civil = Between people (divorce, property). Criminal = Police comes (theft, murder, crime). Civil = Court gives money as payment. Criminal = Court gives punishment.

Points To Remember

Civil law deals with conflicts between people about rights.
Civil law covers property, rent, and divorce cases.
Criminal law deals with serious crimes like theft and murder.
In criminal cases, FIR is filed with police first.
Criminal law has punishment for criminals.

The Indian judiciary has made a significant contribution in development of the country. Common people have a lot of respect and trust in the judicial system. The judiciary in India has protected individual freedom, the federal system and the Constitution of India. Courts have played an important role in strengthening the democracy in India.

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