Judiciary – Class 8 CBSE Civics Chapter 5

What is the Judiciary and Why Do We Need It?

The judiciary is the system of courts that interprets and applies the law. India has a single integrated judicial system, meaning the same set of courts enforces both central and state laws. We need an independent judiciary for three main reasons: (1) Dispute Resolution – courts provide a peaceful mechanism for individuals, organisations and the government to resolve disagreements. (2) Judicial Review – courts check whether laws passed by the legislature follow the Constitution; if not, they can strike them down. (3) Upholding the Law and Protecting Fundamental Rights – every citizen can approach the courts, especially the High Courts and Supreme Court, if their fundamental rights are violated. For the judiciary to do this fairly, it must be independent — free from control by the ruling political party or the executive. Independence is protected through security of tenure for judges, and appointment procedures that limit interference from the government of the day.

The Structure of Courts in India (Step by Step)

1. Step 1: Supreme Court (Apex/Highest Court) — Located in New Delhi, headed by the Chief Justice of India. It is the final court of appeal for all civil and criminal cases and its decisions are binding on all courts in India. It also settles disputes between states, or between the Centre and states.
2. Step 2: High Courts — Each state (or group of states) has a High Court, which is the highest court within that state. High Courts hear appeals from lower courts and can also issue writs to protect fundamental rights.
3. Step 3: District Courts — Below High Courts are District Courts, present in every district, handling both civil and criminal cases at the district level. They are headed by a District Judge.
4. Step 4: Subordinate/Lower Courts — Below district courts are subordinate courts (like courts of the Sub-Divisional Judicial Magistrate) that handle everyday cases such as small property disputes or minor criminal matters.
5. Step 5: Appeal Mechanism — If a person is unhappy with a lower court's decision, they can appeal to the next higher court, all the way up to the Supreme Court — this is called the integrated judicial system.

Civil Cases vs Criminal Cases

Public Interest Litigation (PIL) – Worked Explanation

• Example 1: In the 1980s, the Supreme Court expanded access to justice by allowing any person or organisation to file a case on behalf of those who cannot approach the court themselves (e.g. bonded labourers). Step 1: A newspaper report or letter about a public issue (like polluted rivers) is brought to the court's notice. Step 2: The Supreme Court or High Court treats this as a PIL petition. Step 3: The Court investigates the matter, often appointing committees. Step 4: The Court gives directions to the government to fix the issue. Final outcome: PILs made the judiciary more accessible to the poor and marginalised, not just those who could afford lawyers.
• Example 2: The Right to Education became enforceable because of judicial interpretation and PILs that pushed courts to direct governments to build schools and ensure free education for children aged 6-14, showing how the judiciary protects rights beyond what is written explicitly.
• Example 3: In cases of environmental pollution, private citizens have filed PILs asking courts to order factories to stop releasing untreated waste into rivers, and courts have used judicial review powers to enforce environmental laws even when the government was slow to act.

Common Mistakes & Exam Tips

Practice Questions with Solutions

• Q: What is meant by the independence of the judiciary?
  A: Step 1: Independence of judiciary means that the courts are not under the control of the legislature or executive. Step 2: It ensures judges can make decisions based on law and evidence without fear of the ruling government. Step 3: This is protected through fixed tenure, salary protection, and separate appointment procedures for judges. Final answer: Independence of judiciary means courts function freely, without political interference, to ensure fair justice for all.

• Q: Distinguish between a civil case and a criminal case with one example each.
  A: Step 1: A civil case involves a dispute between two private parties over rights, such as a property dispute between neighbours. Step 2: A criminal case involves an act that violates the law and harms society, such as theft, where the police file an FIR. Step 3: In civil cases the aggrieved party seeks compensation; in criminal cases, the state punishes the offender. Final answer: Civil cases settle private disputes (e.g., property dispute) while criminal cases punish law-breaking (e.g., theft), and they follow different laws and procedures.

• Q: What is a Public Interest Litigation (PIL)? Give one example of its impact.
  A: Step 1: A PIL is a case filed in the interest of the public, often by someone other than the affected party, especially when the affected people cannot approach courts themselves. Step 2: Courts relaxed the rule that only the affected person can file a case, allowing anyone to write a letter that could be treated as a PIL. Step 3: Example: PILs on bonded labour led the Supreme Court to direct state governments to identify and free bonded labourers. Final answer: PIL made justice accessible to the poor and marginalised by allowing public-spirited citizens or groups to approach courts on their behalf.

• Q: Describe the structure of the court system in India.
  A: Step 1: At the top is the Supreme Court in New Delhi, the final court of appeal. Step 2: Below it are High Courts, one for each state or group of states. Step 3: Below High Courts are District Courts in every district. Step 4: At the base are Subordinate Courts that handle everyday minor cases. Final answer: India has an integrated judicial system structured as Supreme Court → High Courts → District Courts → Subordinate Courts, with appeals moving upward.

• Q: Why is judicial review considered an important function of the judiciary?
  A: Step 1: Judicial review is the power of courts to examine laws passed by the legislature and actions of the executive. Step 2: If a law violates the Constitution, especially Fundamental Rights, the court can declare it invalid. Step 3: This keeps a check on the powers of Parliament and the government, preventing misuse of authority. Final answer: Judicial review ensures that all laws and government actions remain within constitutional limits, protecting citizens' rights.

Frequently Asked Questions