CBSE Class 8 Social Science Civics Chapter 5 Judiciary Notes

Key Terms & Definitions

Judiciary

The system of courts that interprets and applies the law in the name of the state, ensuring justice and upholding the Rule of Law.

Rule of Law

The principle that all people and institutions, including the government, are subject to and accountable to law that is fairly applied and enforced.

Judicial Review

The power of the Supreme Court and High Courts to examine the constitutionality of laws passed by the Parliament or state legislatures. If a law violates the Constitution, it can be declared invalid.

Public Interest Litigation (PIL)

A legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have some interest.

Appellate Jurisdiction

The power of a higher court to review decisions and change outcomes of decisions of lower courts. The Supreme Court is the highest appellate court.

Original Jurisdiction

The power of a court to hear a case for the first time, as opposed to appellate jurisdiction, which is the power to hear a case on appeal from a lower court. The Supreme Court has original jurisdiction in disputes between states or between the Union and states.

The Importance of an Independent Judiciary

An independent judiciary is a cornerstone of any democratic system, especially in India. It forms one of the three main organs of the government, alongside the legislature (Parliament) and the executive (Government). Its primary role is to ensure that the Rule of Law is upheld, meaning all citizens, including those in power, are equally subject to the law.

Why is independence crucial? Firstly, it prevents the misuse of power by the legislature and the executive. If judges were dependent on or influenced by politicians, they might make biased decisions, undermining justice. Our Constitution protects the independence of the judiciary through several provisions:

1. Appointment Process: Judges are appointed through a rigorous process, not based on political whims. Once appointed, they serve for a fixed tenure.
2. Security of Tenure: Judges cannot be easily removed from their office before the expiry of their term. They can only be removed by a very difficult impeachment process involving both houses of Parliament.
3. Financial Independence: The salaries and allowances of judges are not subject to the vote of the legislature, ensuring they are not financially pressured.
4. Contempt of Court: The judiciary can punish anyone who tries to undermine its authority, thereby protecting its dignity and impartiality.

This independence allows the judiciary to perform its critical functions without fear or favour: upholding the Constitution, protecting the Fundamental Rights of citizens, and acting as a guardian of the law. It ensures that justice is accessible and fair for everyone, forming a vital check and balance against potential authoritarian tendencies of other branches of government.

Key Functions & Structure of the Indian Judiciary

• Dispute Resolution: The judiciary resolves disputes between citizens, between citizens and the government, between two state governments, and between the Centre and state governments.
• Judicial Review: It has the power to strike down laws passed by Parliament or state legislatures if they violate the basic structure or provisions of the Constitution.
• Upholding the Law and Enforcing Fundamental Rights: Citizens can approach courts if they believe their Fundamental Rights have been violated. High Courts and the Supreme Court can issue writs for this purpose.
• Integrated Judicial System: India has a single, unified judicial system, not separate state and central courts.
• Three Levels of Courts: Supreme Court: Highest court, located in New Delhi. Decisions are binding on all other courts. High Courts: Top court in each state (or group of states). * District/Subordinate Courts: At the district or lower level, handling various types of cases.
• Access to Justice: The judiciary has made efforts to increase access to justice, notably through Public Interest Litigation (PIL), allowing any individual or organization to file a case on behalf of those whose rights are being violated.
• Cost of Justice: While courts are open to all, legal processes can be lengthy and expensive. PILs have partly addressed this, and legal aid provisions exist for the poor.

Criminal Law vs. Civil Law

Exam Tip: Identifying Key Roles

When answering questions about the Judiciary, clearly distinguish between its roles (e.g., dispute resolution, judicial review) and its structure (e.g., Supreme Court, High Court, District Court). Also, remember to explain why an independent judiciary is important, linking it to the protection of Fundamental Rights and the Rule of Law. Use examples like PIL to illustrate access to justice.

Quick Check: Test Your Knowledge

• Q: What is the primary function of judicial review? A: Judicial review allows the Supreme Court and High Courts to determine if a law passed by the legislature is constitutional. If found unconstitutional, the law can be declared invalid.
• Q: Name the three levels of courts in India. A: The three levels are the Supreme Court (apex court), High Courts (state level), and District/Subordinate Courts (district level).
• Q: Give one example of a matter that falls under Civil Law. A: Examples include land disputes, divorce cases, rent disputes, or property disputes.
• Q: Why is an independent judiciary considered essential in a democracy? A: An independent judiciary is essential to prevent the misuse of power by other branches of government, uphold the Rule of Law, protect citizens' Fundamental Rights, and ensure fair and impartial justice.

Frequently Asked Questions