The Judiciary Class 8 Civics Notes - Chapter 4 NCERT

Chapter 4: The Judiciary

What is the Role of the Judiciary?

The judiciary is the system of courts that interprets and applies the law. The work of the judiciary can be divided into the following:

• 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 centre 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.
• 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.

What is an Independent Judiciary?

An independent judiciary means that the other branches of government – 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. The separation of powers ensures that judges can perform their duties without fear or favour.

The Constitution provides for the independence of the judiciary through various measures like security of tenure for judges and separation from the executive.

What is the Structure of Courts in India?

There are three different levels of courts in our country, connected to each other.

1. Subordinate or District Courts: These are the courts that most people interact with. They are usually at the district or Tehsil level.
2. High Courts: Each state has a High Court, which is the highest court of that state.
3. Supreme Court: 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.

This integrated judicial system means that a person can appeal to a higher court if they believe that the judgment passed by the lower court is not just.

What are the Different Branches of the Legal System?

The legal system deals with different types of cases, broadly divided into two branches:

• Criminal Law: Deals with conduct or acts that the law defines as offences. For example, theft, harassing a woman, murder. It usually begins with the lodging of a First Information Report (FIR) with the police. 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 only. The court gives the specific relief asked for.

Does Everyone Have Access to the Courts?

In principle, all citizens of India can access the courts. However, 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.

In response to this, the Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation (PIL) to increase access to justice. It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated.

Exercise Questions and Answers

1. You read that one of the main functions of the judiciary is ‘upholding the law and enforcing Fundamental Rights’. Why do you think an independent judiciary is necessary to carry out this important function?

An independent judiciary is necessary to uphold the law and enforce Fundamental Rights because it ensures that there is no pressure or influence from the legislature or the executive. If the judiciary were not independent, powerful politicians or government officials could interfere in judicial decisions, and citizens' rights would not be protected. Independence allows judges to make impartial decisions based solely on the merits of the case and the provisions of the law, thus ensuring justice for all.

2. Re-read the list of Fundamental Rights provided in Chapter 1. How do you think the Right to Constitutional Remedies connects to the idea of judicial review?

The Right to Constitutional Remedies (Article 32) gives a citizen the right to move the court if their Fundamental Rights are violated. Judicial review is the power of the judiciary to examine the constitutionality of laws passed by the legislature. The two are deeply connected because the Right to Constitutional Remedies is the tool that empowers citizens to initiate the process of judicial review to safeguard their Fundamental Rights against any unconstitutional law or executive action.

3. In the following illustration, fill in each tier with the judgments given by the various courts in the Sudha Goel case. Check your responses with others in class.

Lower Court (Trial Court): Found Laxman, his mother Shakuntala, and his brother-in-law Subhash Chandra guilty and sentenced all three of them to death.
High Court: After hearing the appeal, the High Court acquitted Laxman, Shakuntala, and Subhash Chandra, stating there was not enough evidence.
Supreme Court: Heard the appeal against the High Court's decision. The Supreme Court found Laxman and his mother Shakuntala guilty but acquitted the brother-in-law Subhash Chandra due to a lack of sufficient evidence against him. It sentenced Laxman and Shakuntala to life imprisonment.