CBSE Class 8 Civics Social and Political Life Judiciary Worksheet Set B

JUDICIARY

INTRODUCTION

In India we have the rule of law. What this means is that laws apply equally to all persons and that a certain set of fixed procedures need to a followed when a law is violated. To enforce this rule of law, we have a judicial system that consists of the mechanisms of courts that a citizen can approach when a law is violated. As an organ of the State, the judiciary plays a crucial role in the functioning of India’s democracy.

WHAT IS THE ROLE OF THE JUDICIARY?

Courts take decisions on a very large number of issues. Broadly speaking, the work that the judiciary does can be divided into the following:

• Dispute Resolution: The judicial system provides a mechanism for resolving disputes between citizens, and the government, between two state governments and between the centre and state governments.
• Judicial Review: As the final interpreter of the Constitution, the judiciary also has the power to strike down particular laws passed by the Parliament if it believes that these are a violation of the basic structure of the Constitution. This is called judicial review.
• Upholding the Law and Enforcing Fundamental Rights: Every citizen of India can approach the Supreme Court or the High Court if they believe that their Fundamental Rights have been violated.

WHAT IS AN INDEPENDENT JUDICIARY?

Separation of power: One aspect of this independence is the ‘separation of power’. The other branches of the State like the legislature and the executive cannot interfere in the work of the judiciary. The courts are not under the government and do not act on their behalf.

Little interference in the appointment of Judges: All judges in the High Courts as well as the Supreme Court are appointed with very little interference from other branches of government. Once appointed to this office, it is also very difficult to remove a judge.

• Once appointed the Judges cannot be removed easily, as impeaching a Judge is as difficult as impeachment a President.
• They are appointed for a fixed period and their salaries, emoluments, service conditions and other allowances cannot ordianrily be changed or reduced.
• Independence of the judiciary allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive. It also plays a crucial role in protecting the Fundamental Rights of citizens because anyone can approach the courts if they believe that their rights have been violated.

WHAT IS THE STRUCTURE OF COURTS IN INDIA?

There are three different levels of courts in our country. There are several courts at the lower level while there is only one at the apex level. The courts that most people interact with are what are called subordinate or district courts. These are usually at the district or Tehsil level or in towns and they hear many kinds of cases. Each state is divided into districts that are presided over by a District Judge. Each state has a High Court which is the highest court of that state. At the top is the Supreme Court that is located in New Delhi and is presided over by the Chief Justice of India. The decisions made by the Supreme Court are binding on all other courts in India.

In India, we have an integrated judicial system, meaning that the decisions made by higher courts are binding on the lower courts. Another way to understand this integration is through the appellate system that exists in India. This means that a person can appeal to a higher court if they believe that the judgment passed by the lower court is not just.

High Court of Madras

WHAT ARE THE DIFFERENT BRANCHES OF THE LEGAL SYSTEM?

Criminal Law

• Deals with conduc t or ac t s that t he law defines as offenc es. For example, t heft , harassing a w oman t o bring more dow ry , murder.
• It usually begins wit h t he lodging of an First Information Report (F IR) with the polic e who investigate the c rime a ft er whic h a c ase is filed in t he c ourt .
• If found guity , the ac c used c an be sent to jail and also fined.

Civil Law

• Deals with any harm or injury t o right s of individuals. For example , disput es relating to sale of land, purc hase of goods, rent mat ters, divorc e c ases.
• A petition has to be filed be froe t he relevant c ourt by the a f fec ted part y only . In a rent mat t er, eit her t he landlord or tenant c an file a c ase.
• T he c ourt gives the spec ific relie f asked for. For inst anc e , in a c ase betw een a landlord and a t enant , t he c ourt c an order the flat to be vac ated and pending rent t o be paid.

DOES EVERYONE HAVE ACCESS TO THE COURTS?

In principle, all citizens of India can access the courts in this country. This implies that every citizen has a right to justice through the courts.

The courts play a very significant role in protecting our Fundamental Rights. If any citizen believes that their rights are being violated, then they can approach the court for justice to be done. While the courts are available for all, in reality access to courts has always been difficult for a vast majority of the poor in India. Legal procedures involve a lot of money and paperwork as well as take up a lot of time. For a poor person who cannot read and whose family depends on a daily wage, the idea of going to court to get justice often seems remote.

The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice. It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated. The legal process was greatly simplified and even a letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL. In the early years, PIL was used to secure justice on a large number of issues such as rescuing bonded labourers from inhuman work conditions; and securing the release of prisoners in Bihar who had been kept in jail even after their punishment term was complete.

Article 21 of the Constitution on the Right to Life to include the Right to Food. They, therefore, ordered the State to take certain steps to provide food for all including the mid-day meal scheme.

However, inspite of this there is no denying that the judiciary has played a crucial role in democratic India, serving as a check on the powers of the executive and the legislature as well as in protecting the Fundamental Rights of citizens. The members of the Constituent Assembly had quite correctly envisioned a system of courts with an independent judiciary as a key feature of our democracy.

District Court in Raipur, Chhattisgarh.

EXERCISE 

Question. Q.1 The judiciary has the power to strike down particular laws passed by the Parliament if it believes that these are violation of the basic structure of the constitution. This is called:
(A) Dispute Resolution
(B) Judicial Review
(C) Amendment
(D) All of the above
Answer: B

Question. Q.2 If the citizen of India believe that their Fundamental Rights have been violated, they can move to:
(A) Supreme Court
(B) High Court
(C) District Court
(D) Both (A) & (B)
Answer: D

Question. Q.3 What are the steps taken by government to ensure the independence of the judiciary?
(A) other branches of the state cannot interfere in the work of the judiciary
(B) all judges of the SC and HC are appointed with very little
(C) once appointed to this office, it is also very difficult to remove a judge
(D) all of the above
Answer: D

Question. Q.4 The courts that most people interact with are
(A) Supreme Court
(B) High Court
(C) Subordinate or district court
(D) All of the above
Answer: C

Question. Q.5 The decisions made by the _______ are binding on all other courts in India.
(A) Supreme Court
(B) High Court
(C) Subordinate Court
(D) District Court
Answer: A

Question. Q.6 A person can appeal to a higher court if they believe that the judgement passed by the lower court is not just. This is termed as:
(A) Judiciary system
(B) Pyramid system
(C) Appellate system
(D) Original jurisdiction
Answer: C

Question. Q.7 Deals with conduct or acts that the law defines as offences above.
(A) Criminal law
(B) Civil law
(C) Both of the above
(D) None of these
Answer: A

Question. Q.8 The mechanisms devised by Supreme Court in the early 1980’s to increase access to justice:
(A) Appellate system
(B) Affidavit
(C) Judicial Review
(D) PIL
Answer: D

Question. Q.9 __________ of the constitution on the right to life include the right to food.
(A) Article 17
(B) Article 19
(C) Article 21
(D) Article 23
Answer: C

Question. Q.10 The _______ has played a crucial role in democratic India, serving as a check on the powers of the executive and the legislature as well as in protecting the fundament right of citizens.
(A) President
(B) Central Government
(C) State Government
(D) Judiciary
Answer: D