CBSE Class 8 Social Science Judiciary Notes

JUDICIARY

IMPORTANT TERMS AND CONCEPTS

Judicial Review : It means the power of the Supreme Court to review the laws passed by the legislature if it believes that there has been a violation of the basic structure of the Constitution.
Compensation : Payment in cash or kind to cover up the losses.
Separation of Powers : It means the executive and legislature cannot interfere in the work of the judiciary.
Jurisdiction : It is the power that a court of law enjoys to pronounce legal judgement.
Law : It means a rule of human conduct which is binding upon all the members of a society. Laws are generally made by the legislature of our country.
Appellate Jurisdiction : This is the power of the superior court to hear and decide an appeal against the judgement of lower courts.
Original Jurisdiction : It extends to such cases as come directly before the Supreme Court and over which Supreme Court has exclusive jurisdiction.
Single and Unified Judiciary : Single and unified judiciary represents a hierarchy of courts with a Supreme Court at the top. In this system there is complete uniformity in the administration of justice.
Acquit : The person who is declared not guilty of the crime for which he was tried by the court.
Eviction : An act under which the person is asked to evict (leave) the land or home where he/she is living in.
Violation : Not following the law or breaking a law. It also refers to the breach or encroachment of Fundamental Rights.

RELEVANT FACTS

•The Supreme Court was established on 26th January, 1950. Located in Delhi.
•High Court were first established in the three presidency cities of Calcutta, Bombay and Madras in 1862. High Court of Delhi came up in 1966.
• Presently there are 21 High Courts. Punjab and Haryana share a common High Court at Chandigarh.
•Seven north-east states have a common High Court at Guwahati.

INTRODUCTION

• The judiciary occupies an important place, in the Indian federal system.
• Union and state governments function simultaneously. The Constitution has divided their jurisdictions through three Lists: the Union List, the State List and the Concurrent List. But there is always a possibility of disputes between the centre and the state or between the state governments. The judiciary is to play a crucial role in such situations.
•The Constitution of India clearly lays down that the dispute between the centre and the states or between states will be resolved by the judiciary .
• The judiciary is also responsible to ensure that the rights of citizens are respected and protected and the powers of the government do not cross the limits prescribed .
• India has a single, unified judicial system for the entire country. The Supreme Court is at the top of the judicial system. There are High Courts at the state level and further below are subordinate courts.

THE SUPREME COURT

• The Supreme Court is at the apex of the Indian Judiciary.lt was established by the Constitution .
• It has a Chief Justice and 25 other judges. The number of judges can be changed by the Parliament.
• The Chief Justice of India and other judges are appointed by the President. The President consults other Judges of the Supreme Court and High Courts while making these appointments. In case of the appointment of other judges, the Chief Justice is always consulted.

(i) Qualifications :
For appointment as a judge of the Supreme Court one must be a citizen of India and must have been a judge of a High Court for 5 years or must have served as an advocate in a High Court for'at least 10 years or has been a distinguished jurist in the opinion of the President.

(ii) Oath and Term :
• The judges of the Supreme Court take an oath or affirmation before entering upon office, conducted by President or some person appointed by him.
• Once appointed, a judge holds office till the age of 65.

(iii) Removal :
• The Judges of the Supreme Court can be removed only by a special procedure. A judge can be removed by the President of India only when an impeachement is passed by both the houses of Parliament in the same session, asking for his or her removal on the grounds of proven mis-behaviour and incapacity .
• Each house has to pass the address by a majority of its total membership and a two-thirds majority of the members present and voting.
• Judges of the Supreme Court addresses his resignation to the President.

(iv) Emoluments :
•The Chief Justice of India gets a monthly salary of Rs.1,00,000. Other judges get Rs.90,000. They also receive allowances and other benefits .
•While in office their salaries and other benefits normally cannot be reduced.
•After retirement, they cannot practice in any court of law.

(v) Jurisdiction :
The jurisdiction of the Supreme Court may be categorised as original, appellate and advisory jurisdictions.

(a) Original Jurisdiction :

The Supreme Court has exclusive jurisdiction over disputes
• Between the Government of India and one or more states;
• Between the Government of India and one or more states on one side and one or more states on the other; and
• Between two or more states.

(b) Appellate Jurisdiction :

Three types of appeals can be made to the Supreme Court .
• Firstly, there can be an appeal against any decision or order of a High Court, if the High Court gives a certificate that it involves some question of the interpretation of the Constitution.
• Secondly, there can be appeal against civil cases decided by a High Court if the High Court gives a certificate that the case involves a substantial question of law.
• Thirdly, in respect of criminal cases too, there can be an appeal to the Supreme Court. If a High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death, or if by withdrawing a case from the lower court to itself it has sentenced a person to death, one can go for an appeal to the Supreme Court.
• Finally, the Supreme Court also can allow any decision by a lower court to come to it.
• The Supreme Court can review any judgment given by itself.
• The Supreme Court is also given the power under our Constitution to transfer a case that is being decided in any court and bring it to itself. If it feels that an important question of law is involved .
• Parliament can confer on the Supreme Court more powers by passing a law.

(c) Advisory Jurisdiction :

• The Supreme Court has also an advisory jurisdiction. As the highest court in the country, the Supreme Court can be consulted by the President on certain issues .
• If the President feels that an important legal question or fact of public importance has come up or is expected to come up in some court, he can ask the Supreme Court for its advice. The Supreme Court in such cases would consider it, and give its opinion to the President, but such an opinion is not binding on the President.
• A decision given by the Supreme Court has to be enforced by government authorities all over India .
• The Supreme Court has the powers to protect the right to constitutional remedies that the Constitution has given to the citizens. Under this right, if a citizen feels that her/his fundamental rights have been taken away, she/he can go straight to the Supreme Court .
• Right to constitutional remedies empower the Court to act as the guardian of the Constitution.

(d) Court of Record :
• The Supreme Court is a Court of Record. All the decisions and proceedings of the Supreme Court are kept as records and are quoted as precedents in courts.
• The court can punish for its own contempt, if anyone does not abide by its decisions.

THE HIGH COURT

• Ordinarily every state has a High Court. But even two or more states may have one High Court. For example, Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland and Tripura have one High Court. The Union Territory of Chandigarh comes under the jurisdiction of Punjab and Haryana High Court.
• The High Court consists of a Chief Justice and some other judges appointed by the President of India, as determined by Parliament. All the High Courts do not have the same strength.

(i) Qualifications :
• A citizen of India and
• Must have held a judicial office for at least ten years or have been an advocate of a High Court for at least ten years or is a distinguished jurist in the opinion of the President.

(ii) Appointment :
• In the appointment of the Chief Justice of the High Court the President consults the Chief Justice of India and the Governor of the concerned state.
• Other Judges are also appointed according to the same procedure, except that the Chief Justice of the concerned High Court is also consulted.

(iii) Oath and Term :
• The judges of the High Court take an oath or affirmation before entering upon office, conducted by Governor or some person appointed by him .
• The Judges hold office until they attain the age of 62 years.

(iv) Removal :
• Judges of one High Court can be transferred to another High Court .
• They can be removed through the same procedure as followed in the case of a judge of the Supreme Court.
• Judge of the High Court addresses his resignation to the President.

(v) Emoluments :
• The Chief Justice of a High Court is paid a monthly salary of Rs.90,000 and other Judges receive Rs.80,000 besides other benefits .
• Their salary and other benefits cannot be reduced normally during their tenure.

(vi) Jurisdiction :
The High Courts have three types of juridictions. These are original, appellate and administrative.

(a) Original Jurisdiction :
• Under the original jurisdiction it has power to issue directions, orders including writs to any person, authority and any government within its jurisdiction against the violation of the fundamental rights of citizens .
• Petitions challenging the election of a member of Parliament or a State Legislature or a local body can be filed in the High Court of the concerned state .
• It can also try civil and criminal cases.

(b) Appellate Jurisdiction :
The appellate jurisdiction of High Court includes the power to hear appeals about civil and criminal cases against decisions of lower courts.

(c) Administrative Jurisdiction
Under its administrative jurisdiction, it has authority to revise the working of all subordinate courts.

(d) Court of Record
• The High Court also is a court of Record and empowerd to punish for contempt of court .
• The power to extend or restrict the jurisdiction of the High Court rests with the Parliament.

SUBORDINATE COURT
• The organisation and functions of the subordinate courts throughout the country are same, except with minor local variations.
• All subordinate courts function under the supervision of the concerned High Court. In every district there are civil and criminal courts.
• The Court of the District Judge is the highest court in a district. The Judge is called the District Judge while dealing with civil cases and Sessions Judge while dealing with criminal cases .
• Besides these courts, there are courts of sub-judges, munsiff courts and court of small causes. There are also courts of second and third class magistrates .
• The judges of the District Courts are appointed by the Governor of the concerned state in consultation with the High Court.
• A person who has been a pleader or an advocate for seven years or an officer in the judicial service union or the state is eligible for appointement.
• Regarding positions other than those of the district judges, appointments are made by the Governor in consultation with the High Court and the State Public Service Commission. At least three years experience as an advocate or a pleader is one of the essential qualifications for these appointments .
• The District Courts hear the appeals against the decisions of the sub-judges. It hears cases relating to the disputes of property, marriage and divorce. The civil courts exercise jurisdiction over such matters as guardianship of minors and lunatics.

INDEPENDENCE OF JUDICIARY

• In a democratic system particularly with a view to protecting the rights of citizens it is essential to ensure that the judiciary functions independent of the executive. The judiciary should not be biased in favour of the government.
• The Constitution of India has made necessary provisions for ensuring independence of judiciary .
• The judges are appointed by the executive on the basis of the prescribed qualifications and according to a well established procedure .
• The judges cannot be removed at the whims of the executive. They are appointed for a fixed period .
• Their emoluments and service conditions cannot be altered .
• No discussions on the conduct of a judge in the discharge of his official duties can take place in Parliament or State Legislatures.

LOK ADALATS AND PUBLIC INTEREST LITIGATION

• A new arrangement has been introduced for providing speedy and affordable justice to the poor.
• Lok Adalats and Public Interest Litigation are addressed to eliminate the delay in imparting justice .
• The Lok Adalats speed up the clearance of pending cases and resolve cases that have not yet gone to the Courts.
• The Supreme Court has also opened a new chapter on the Public Interest Litigation. Under this system, the complaints are registered on a receipt of a postcard or an application and necessary orders are passed.

EXERCISE

FILL IN THE BLANKS.

1. The chief justice of India is appointed by the______.
2. Disputes between two state governments are dealt by the______court.
3. The______Court is the highest court at the state level.
4. Disobeying a court order is known as______of court.
5. A High Court judge can be removed through______in parliament.

SHORT ANSWERS

1. What is the meaning of the term appellate power?
2. What is the advisory jurisdiction of the Supreme Court?
3. Explain the term judicial review.
4. What is a public interest litigation?
5. Give two examples of subordinate courts.
6. A person is not satisfied with the judgement of the court of sessions judge. To which court should he appeal?

ANSWER IN DETAIL.

1. Draw and explain the hierarchical structure of the various courts of Indian judiciary.
2. What are the differences between civil and criminal cases?
3. What are the advantages of having a single unified judicial system in the country?

THE ROLE OF POLICE AND COURT

Judicial cases can be divided into two categaries :
(a) Civil cases : Cases concerned with private rights
(b) Crime cases : Cases which go against community

Role of different Judicial Agencies :-
The role of the different agencies are as follows :

1. Role of the Court :- In India, Courts are at three different levels i.e., District Courts, High Court the Supreme Court. They play a vital role in the administration of justice. Court sees the facts, figures given by both appellants and respondents through their lawyers before taking the decision. If a person is not satisfied with juagement of District Court he / she can go to the High Court and further to the Supreme Court.

2. Role of Public Prosecutor (PP) :-
In criminal cases, the government is always the party that sues the accused. The government is represented in Court by a public prosecutors. These are appointed by the government. A public prosecutor must be an advocate who has been in practice for atleast seven years. He has to do his duty faithfully and must present materials, facts, witnesses and evidences before the court to enable the court to decide the case.

3. Role of the Police :- The police is an important pillar of administration to maintain law and order, enforcement of law, investigation of crime, detention of criminals, collection of evidences and convictions.The police can arrest a person who commits a crime or disturbs the peace and order of the society. After proper investigation, a chargesheet, containing accusations against the offender, is submitted in a suitable court.
The police investigations have to keep in mind the human rights. The Supreme Court laid certain guidelines that the police must follow at the time of arrest, detention and interrogation. The police are not allowed to torture or beat or shoot anyone during investigation.
According to the Constitution’s Article 22, the persons who are arrested should be given Fundamental Rights.

These Fundamental Rights are as follows:
1. The Right to be informed, at the time of arrest specifying the offence for which the person is being arrested.
2. The Right to be presented before a magistrate, within 24 hours of arrest.
3. The Right for not to be ill-treated or tortured during arrest or in custody.
4. The confessions made in police custody cannot be used as evidence against the accused.
5. A boy under 15 years of age and women cannot be called to the police station only for questioning.

The Supreme Court Index
The Supreme Court of India has laid down specific requirements and procedures that the police and other agencies have to follow during arrest, detention and interrogation of any person. These are known as the D.K. Basu Guidelines and some of these include:
• The police officials who carry out the arrest for interrogation should wear clear, accurate and visible identification and name tags with their designations.
• A memo of arrest should be prepared at the time of arrest and should include the time and date of arrest.
It should also be attested by at least one witness who could include a family member of the person arrested.
The arrest memo should be counter-signed by the person arrested.
• The person arrested, detained or being interrogated has a right to inform a relative, friend or a well-wisher.
• When a friend or relative lives outside the district, the time, place of arrest and venue of custody must be notified by the police with in 8 to 12 hours after the arrest.

JUDICIARY Important Questions

Ques1) What is referred to as the supreme law of the land?

Ans) Constitution is referred to as the supreme law of the land.

Ques2) Which is the highest court of appeal in our country?

Ans) Supreme Court is the highest court of appeal in our country.

Ques3) why do we need judicial system in our country?

Ans) The need for judicial system in our country because:

· To enforce this rule of law, we have a judicial system that consists of the mechanism 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.

Ques4) Describe the functions of the judiciary.

Dispute Resolution:The judicial system provides a mechanism for resolving disputes between citizens, between citizens and the government, between two state governments and between the center 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.

Ques5) How is independence of judiciary implemented?

Ans) There are 3 organs of government in our country that is legislature, executive and judiciary. At the same time there is separation of powers which ensures the independence of judiciary in the following ways:

⇒ This means here is that 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.

⇒ It is also crucial that all judges in the High Court as well as the Supreme Court are appointed with very little interference from these other branches of government. Y It is the independence of the judiciary that 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.

Ques6) Describe the structure of courts in India.

    SUPREME COURT  
            HIGH COURT             
                 DISTRICT COURT              

⇒ 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.

Ques7) Write a short note on Independence of judiciary?

⇒ The control that the politician holds over the judge does not allow for the judge to take an independent decision.

⇒ This lack of independence would force the judge to make all judgments in favour of the politician.

⇒ Although we often hear of rich and powerful people in India trying to influence the judicial process, the Indian Constitution protects against this kind of situation by providing for the independence of the judiciary.

Ques8) Do all the people of India have an access to court?

⇒ 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.

⇒ If any citizen believes that their rights are being violated, then they can approach the court for justice 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.

Ques9) Write a short note on public interest litigation.

⇒ 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 organization 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.

Ques10) Describe different branches of legal system.

Criminal Law

⇒ Deals with conduct or acts that the law defines as offences. For example, theft, harassing a woman to bring more dowry, murder.

⇒ It usually begins with the lodging of a First Information Report (FIR) with the police who investigate the crime after which a case is filed in the court.

⇒ If found guilty, the accused can be sent to jail and also fined.

Civil Law

⇒ Deals with any harm or injury to rights of individuals. For example, disputes relating to sale of land purchase of goods, rent matters, divorce cases.

⇒ A petition has to be filed before the relevant court by the affected party onl y. In a rent matter, either the landlord or tenant can file a case.

⇒ The court gives the specific relief asked for. For instance, in a case between a landlord and a tenant, the court can order the flat to be vacated and pending rent to be paid.

Q11. Explain the phrase ‘Justice delayed, justice denied.

Ans. The issue that affects the common people access to justice is the inordinately long numbers of year that courts take to hear a case. The phrase ‘justice delayed is justice denied’ is often used to characterize this extend time period that courts take.

For Example:-

There is murder case in a house and it’s been 10 -12 yrs. and the judge has still not given the judgments. Therefore, the meaning doesn’t remain the same. The person’s case is pending and he is spending time in the jail.

Q12. Why is the judiciary important for the functioning of the democracy in India?

Ans. However, in spite 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.

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