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Class 8 Political Science Chapter 5 Notes
CBSE Class 8 Political Science (Civics) Chapter 5 Notes – Judiciary
Class 8 Political Science Chapter 5 – Judiciary is a part of Social and Political Life. The key points and concepts of topics such as the five different concepts of the judiciary and why the independence of the judiciary is important are explained.
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Judiciary Class 8 Notes Political Science (Civics) Chapter 5
Access Class 8 Social Science Chapter 5 – Judiciary Notes
Judiciary
The judiciary is a court system that resolves legal disputes and cases.
Importance of Judiciary
The judiciary is the constitution’s defender.
The judiciary is crucial in the interpretation of laws.
It checks the legislative and executive branches’ powers.
Role of Judiciary
Dispute resolution.
Judicial review.
Validation of the law and application of fundamental rights.
What is an Independent Judiciary?
The courts are independent of the government. Independent functioning ensures that neither the executive nor the legislature misuses their power. The President of India appoints the Judges for the Supreme Court and High Court after consultation with the Chief Justice of the Supreme Court and the Governor of the relevant state.
Structure of Courts in India
The District Courts
The High Courts
The Supreme Court
The decision of a higher court is binding on the lower courts.
Who has Access to Courts?
All Indian citizens have access to the courts.
Every Indian citizen has the right to seek justice in Indian courts.
The Supreme Court established the mechanism of public interest litigation in the early 1980s (PIL).
Why do we Need a Judiciary?
The principle of equality is followed by the judiciary. When a law is broken, a set of fixed procedures must be followed to uphold the law and provide justice to the aggrieved person or persons. A judicial system is required to enforce the rule of law. In India, the judicial system consists of a court system. Citizens can approach these courts when a law is broken.
The judiciary is a crucial branch of the government that ensures democracy in India operates effectively. An independent judiciary is required so that it can act independently and in a non-biased manner.
Role of Judiciary
Students would understand the role of the judiciary if they comprehend how it operates. The following are the functions of the judiciary.
Dispute Resolution: The judicial system’s mechanism aids in the resolution of disputes between citizens, between citizens and the government, between two state governments, and between the Centre and the state governments.
Judicial Review: Under the judicial review power, the judiciary can overturn certain laws passed by the Parliament. This happens when the judiciary considers that laws are against the Constitution’s basic principles.
Upholding the Law and Enforcing Fundamental Rights: Indian citizens may file a complaint with the Supreme Court or a High Court if they feel their Fundamental Rights have been violated.
Independent Judiciary
An independent judiciary implies the following:
The legislative and executive branches of government are not permitted to interfere with the operation of such a judiciary.
The courts in an independent judiciary are not subordinate to the government and do not act on its behalf. This allows the courts to ensure that neither the legislature nor the executive branch abuses their power.
An independent judiciary is essential in protecting citizens’ Fundamental Rights.
What is the Structure of the Courts in India?
In India, the court system is divided into three tiers. It has three different levels:
District Court: District courts, also known as subordinate or Tehsil level courts. They are located in towns and are responsible for resolving disputes for the majority of people in the country. Each state is divided into several districts which are governed by District Judges.
High Court: The High Court is the court with the highest authority in a state. Each state has its own high court which controls all the district courts of that state. High Courts usually have criminal or civil cases from their subordinate courts.
Supreme Court: The nation’s highest court is the Supreme Court. The Supreme Court of India is located in New Delhi. All lower courts in India must follow the rulings of the Supreme Court.
Under India’s integrated judicial system, decisions made by higher courts are binding on lower courts
A person may appeal to a higher court under India’s judicial appellate system if they believe that the lower court’s decision is not correct or justified.
FAQs (Frequently Asked Questions)
1. What is the meaning of law and judiciary?
The rule of law is the set of rules imposed by the government and used to govern the citizens of India. It influences societal politics and economics in a variety of ways.
The Judiciary is the court system that explains, defends, and applies the law in legal proceedings. The work of the judiciary is divided into three categories:
- Dispute resolution
- Judicial Review
- Validation of the law and application of fundamental rights
2. What is a PIL?
PIL, or Public Interest Litigation, is a legal action brought to safeguard issues that affect the general public, such as safety, pollution control, and other issues. PILs may be submitted as follows:
- Opposing governmental policies
- For infringements on fundamental human rights
- For a grievance against a civic authority that has disregarded their obligations
3. Define the terms "appeal" and "acquit."
When someone is declared innocent of the charges they were put on trial for, they are said to have been declared acquitted by the court. To appeal is to ask a higher court to review a case that a lower court has already resolved.
4. What are the Indian constitution's six major fundamental rights?
The six major fundamental rights stated in the Constitution of India are given as follows:
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Accepting any Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies