CBSE Class 8 Social Science Civics Ch. 5: Judiciary

Role of the Judiciary

• Laws apply equally to all people, and a certain set of fixed procedures need to be followed when a law is violated.
• The judicial system, consisting of courts, enforces the rule of law and provides a mechanism for resolving disputes.

Work of the Judiciary

• Dispute Resolution: The judicial system provides a mechanism for resolving disputes between citizens, between citizens and the government, and between state governments.
• Judicial Review: The judiciary has the power to strike down particular laws passed by the Parliament if they violate the basic structure of the Constitution.
• Upholding the Law and Enforcing Fundamental Rights: Citizens can approach the Supreme Court or the High Court if they believe their Fundamental Rights have been violated.

Independent Judiciary

• The independence of the judiciary means that other branches of government cannot interfere in the work of the judiciary.
• 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.
• Independence of the judiciary also plays a crucial role in protecting the Fundamental Rights of citizens.

Structure of Courts in India

• There are three different levels of courts in India: District Courts, High Courts, and the Supreme Court.
• The Supreme Court is at the top level, and its decisions are binding on all other courts in India.
• India has an integrated judicial system, where the decisions made by higher courts are binding on the lower courts.

Branches of the Legal System

• Criminal Law: Deals with conduct or acts that the law defines as offences, such as theft, harassing a woman, dowry, and murder.
• Civil Law: Deals with any harm or injury to the rights of individuals, such as disputes relating to sale of land, purchase of goods, rent matters, and divorce cases.

Access to the Courts

• All citizens of India can access the courts, and every citizen has a right to justice through the courts.
• However, access to courts has always been difficult for the poor in India due to legal procedures involving a lot of money and paperwork.
• The Supreme Court devised the mechanism of Public Interest Litigation (PIL) to increase access to justice, allowing individuals or organizations to file a PIL on behalf of those whose rights were being violated.