ST.

THOMAS SCHOOL, INDIRAPURAM

CLASS-8, SOCIAL-SCIENCE
CIVICS, CH-5, JUDICIARY
KEYWORDS:
Write following keywords from pg-65 of your civics book
Acquit, To Appeal, Compensation, Eviction, Violation

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?
Ans. The independence of the judiciary allows the courts to play a central role in ‘upholding the
law and Enforcing Fundamental Rights’ as it ensures that there is no misuse of power by the
legislature and the executive. Anyone can approach the courts if they believe that their rights
have been violated and Politicians or other socially powerful people cannot use their power to
change any judgement.
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?
Ans. The Right to Constitutional Remedies allows an Indian citizen to move the court if he feels
that any of his or her Fundamental Rights has been violated by the State. As the final interpreter
of the Constitution, the judiciary has the power to review or even strike down any particular law
passed by the Parliament if it believes that this law violates the basic structure of the
constitution, which is called judicial review. In this way we find that the Right to Constitutional
Remedies given in the Fundamental Rights is directly connected and supported by the idea of
judicial review.
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.

Ans. Lower Court (Trial Court): Laxman, his mother Shakuntala and his brother-in-law Subhash
Chandra were sentenced to death High Court: Laxman, Shakuntala and Subhash Chandra were
acquitted. Supreme Court: Laxman, Shakuntala were given life imprisonment while Subhash
Chandra was acquitted for lack of sufficient evidence.

4. Keeping the Sudha Goel case in mind, tick the sentences that are true and correct the ones that
are false.

(a) The accused took the case to the High Court because they were unhappy with the decision of the
Trial Court.

(b) They went to the High Court after the supreme Court had given its decision.

(c) If they do not like the Supreme Court verdict, the accused can go back again to the Trial Court.

Answer (a) True

(b) They went to the High Court after the Trial Court had given its decision.
(c) If they do not like the Supreme Court verdict, the accused cannot go back again to the Trial Court
since the Supreme Court is at the highest rung of the judiciary pyramid.

5. Why do you think the introduction of Public interest Litigation (PIL) in the 1980s is a significant
step in ensuring access to justice for all?

Ans. The introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring
access to justice for all because it also keeps in mind the interests of the illiterate and poor who are
not educated enough or cannot afford to access the Indian legal system for justice against
exploitation or violation of their basic human and Fundamental Rights.

6. Re-read excerpts from the judgment on the Olga Tellis vs Bombay Municipal Corporation case.
Now write in your own words what the judges meant when they said that the Right to Livelihood
was part of the Right to Life.

Ans. In Olga Tellis vs. Bombay Municipal Corporation case, the judges said that the Right to
Livelihood was part of the Right to Life. They stated that life does not merely imply an animal
existence; it cannot be lived without a means of living, that is, "the means of livelihood". The judges
conferred that eviction from a pavement or slum is deprivation of means of livelihood for the poor
who cannot afford to live anywhere else. They take up small jobs in surrounding areas and to lose
their pavement or slum would lead to loss of a job resulting in loss of a means of livelihood.
Consequently, leading to "deprivation of life". This is how the judges connected Right to Livelihood
to the Right to Life.

EXTRA QUESTIONS

1. What is the Role of the Judiciary?

Ans (i) The judicial system provides a mechanism for resolving disputes between citizens,
citizens and the government, two state governments and the central and state governments.

(ii) The judiciary has the power to strike down particular laws passed by the Parliament if it
believes that these are a violation of the basis structure of the Constitution. This is called judicial
review.

(iii) Every citizen of India can approach the Supreme Court or the High Court if his/her
Fundamental Rights have been violated.

2. What is an Independent Judiciary?

Ans. The independence of judiciary means that other branches of government- the legislature
and the executive, cannot interfere in the work of the judiciary. The courts are not under the
govt and do not act on their behalf.

*India has an 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 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.

3. What is the Structure of Courts in India?

Ans. (i) There are three different levels of courts in our country.

(ii) At district level, we have subordinate or district courts. At the state level, we have several
High Courts. The High Court is the highest judicial authority in a state. At the top is the Supreme
Court.

(iii) The Supreme Court of India is the highest judicial authority. It 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.

(iv) In India, we have an integrated judicial system, meaning that the decision made by higher
courts are binding on the lower Courts.

4. What are the Different branches of the Legal System?

Ans. (i) Court cases are broadly divided into civil cases and criminal cases.
(ii) Civil laws deals with any harm or injury to rights to individuals.
(iii) Criminal law deals with the conduct or acts that the law defines as offences.
(iv) In civil cases, a petition has to be filled before the relevant court by the affected party only.
(v) In criminal cases, it usually begins with the lodging of our First Information Report (FIR) with
the police who investigate the crime after which a case is filled in the court.

5. Does Everyone Have Access to the Courts in India? What special provisions are there to
ensure justice to everyone?
Ans. (i) 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.
(ii) However reality is far from this because legal procedures involve a lot of money and paper
work which take up a lot of time. Poor people often avoid going to the courts to get justice.
(iii) The Supreme Court devised a mechanism of Public Interest Litigation or (PIL) to increase
access to justice in 1980’s. It allowed any individual or organization to file a PIL in the High Court or
the Supreme Court on behalf of those whose right were being violated.
(iv) The legal process was simplified and even a letter or telegram addressed to the Supreme Court
or the High Court could be treated as a PIL.
(v) The court exercise a crucial role in interpreting a Fundamental Rights of Citizens.