
This chapter explores how the legal system acts as a shield for the Constitution. In India, the judiciary is independent, meaning the Executive and Legislature cannot interfere in its work. We look at the three different levels of courts: District Courts, High Courts, and the Supreme Court. The chapter also explains the vital role of Public Interest Litigation (PIL) in making justice accessible to the poor. Finally, we distinguish between Criminal Law, which deals with offences like theft or murder, and Civil Law, which handles disputes over property or marriage.
The following judiciary class 8 civics question answer sets address the core exercises of the chapter.
Question 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?
Answer: An independent judiciary is essential for several reasons:
Prevention of Power Misuse: It prevents the Legislature and Executive from using their power unfairly.
Protection of Rights: If a powerful politician violates a citizen's rights, an independent judge can rule against them without fear of being fired or losing their salary.
Impartial Justice: It ensures that every citizen, regardless of their status, is treated equally under the law. Without this independence, the "Rule of Law" would fail.
Question 2: Re-read the list of Fundamental Rights provided in Chapter 1. Why do you think the Right to Constitutional Remedies is connected to the idea of judicial review?
Answer: The Right to Constitutional Remedies allows a citizen to move to court if they believe any of their Fundamental Rights have been violated.
Judicial Review: This is the power of the court to cancel laws passed by Parliament if they violate the Constitution.
The Connection: Since the Judiciary is the "final interpreter" of the Constitution, the Right to Constitutional Remedies acts as the tool that triggers judicial review. It gives the courts the authority to protect people from illegal government actions.
Question 3: In the following table, fill in the information on the different levels of courts in India.
|
Level of Court |
Located in |
Name of Presiding Officer |
|
Supreme Court |
New Delhi |
Chief Justice of India |
|
High Court |
State Capital |
Chief Justice of the High Court |
|
District Court |
District Headquarters |
District Judge |
Question 4: What is the difference between the 'Appellate System' and 'Public Interest Litigation (PIL)'?
Answer:
Appellate System: This allows a person to appeal to a higher court if they are unhappy with the decision made by a lower court. For example, moving from a District Court to a High Court.
Public Interest Litigation (PIL): Introduced by the Supreme Court in the 1980s, this allows any individual or organisation to file a case on behalf of those whose rights are being violated but who cannot afford to go to court themselves.
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Question 5: Write a brief note on the 'Right to Food' case (PUCL vs Union of India).
Answer: This case is a famous example of the judiciary class 8 civics question answer regarding the protection of the Right to Life.
The Problem: In 2001, drought in Rajasthan and Odisha led to severe food shortages, even though government godowns were full of grain.
The Action: An organisation called PUCL filed a PIL in the Supreme Court.
The Ruling: The Court ruled that the Right to Life (Article 21) includes the Right to Food.
The Outcome: The Court ordered the government to provide food at cheaper prices and started the Mid-day Meal scheme in schools.
Question 6: How does a common man access the courts in India?
Answer: In theory, all citizens can access the courts. However, for the poor, it is often difficult due to high costs and long procedures.
Simplified Access: To help, the Supreme Court introduced PIL in the 1980s.
Efficiency: A simple letter or telegram addressed to the Supreme Court or High Court can now be treated as a PIL.
Legal Aid: The government also provides legal aid to those who cannot afford a lawyer.
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Question 7: Explain the difference between criminal Law and civil Law
Answer: Criminal Law vs Civil Law
|
Feature |
Criminal Law |
Civil Law |
|
Definition |
Deals with conduct that the law defines as offences (e.g., theft, murder). |
Deals with harm or injury to the rights of individuals (e.g., rent disputes, divorce). |
|
Procedure |
Begins with the lodging of an FIR with the police. |
A petition is filed before the relevant court by the affected party. |
|
Outcome |
If found guilty, the accused can be sent to jail or fined. |
The court gives specific relief (e.g., ordering a tenant to pay back-rent). |
Note - Understanding the difference between these two branches is a major part of the class 8 chapter 5 civics NCERT solutions.
