NCERT Solutions for Class 8 Civics Chapter 5 – Judiciary

NCERT Solutions for Class 8 Civics Chapter 5 Judiciary

Question 1: Why is an independent judiciary necessary for upholding the law and enforcing Fundamental Rights?

Answer: An independent judiciary is necessary because courts must be able to make decisions without pressure or interference from the Executive or Legislature. It allows people to approach the courts when their rights are violated. The judiciary can also examine laws and government actions to ensure that they do not violate the Constitution or Fundamental Rights.

Question 2: How does the Right to Constitutional Remedies connect to judicial review?

Answer: The Right to Constitutional Remedies allows citizens to approach the courts when their Fundamental Rights are violated. Judicial review gives the judiciary the power to examine laws and government actions and determine whether they are consistent with the Constitution. Therefore, both help protect Fundamental Rights.

Question 3: What were the judgments given by the different courts in the Sudha Goel case?

Answer:

The case demonstrates how a matter can move through different levels of courts through the appellate system.

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Question 4: Keeping the Sudha Goel case in mind, identify the true and false statements.

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

Answer: True.

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

Answer: False. The case went to the High Court after the Trial Court gave its decision.

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

Answer: False. The Supreme Court is the highest court in the judicial hierarchy, so a case cannot be taken back to the Trial Court simply because a person is unhappy with the Supreme Court's decision.

Question 5: Why is the introduction of Public Interest Litigation (PIL) significant for ensuring access to justice?

Answer: Public Interest Litigation made it easier to raise issues affecting people whose rights were being violated, including people who may not have the resources to approach the courts themselves. It widened access to the judicial system and allowed individuals or organisations to approach courts in matters involving public interest.

Question 6: What did the judges mean by saying that the Right to Livelihood is part of the Right to Life?

Answer: The statement means that the right to life is not limited to physical existence. A person's livelihood is important because it enables them to meet basic needs and live with dignity. In the Olga Tellis v. Bombay Municipal Corporation case, the Supreme Court recognised the connection between livelihood and the right to life.

Question 7: Write a story around the theme “Justice delayed is justice denied.”

Answer: A worker was wrongly accused of damaging equipment at his workplace. He had evidence proving that he was not responsible, but the case continued for several years. During this period, he lost his job and faced financial difficulties. Eventually, the court cleared him of the charges. Although the final decision was in his favour, the long delay had already caused serious hardship. The story shows why timely justice is important.

Read More: NCERT Solutions for Class 8 Civics Chapter 2 Understanding Secularism

Judiciary Class 8: Important Concepts

What Is the Judiciary?

The judiciary is the system of courts that interprets laws, resolves disputes and protects constitutional rights. It is an important organ of government.

The judiciary performs several important functions:

• Resolving disputes

• Upholding the law

• Enforcing Fundamental Rights

• Reviewing laws and government actions

• Providing a system of appeals

Why Is an Independent Judiciary Important?

An independent judiciary can make decisions without being controlled by the Executive or Legislature. This independence is important for protecting the Constitution and Fundamental Rights.

What Is Judicial Review?

Judicial review is the power of the courts to examine laws and government actions and determine whether they are consistent with the Constitution.

What Is the Appellate System?

The appellate system allows a person who is dissatisfied with a decision of a lower court to appeal to a higher court, subject to the applicable legal provisions.

For example, a case decided by a lower court may be taken to the High Court through an appeal.

What Is Public Interest Litigation?

Public Interest Litigation (PIL) allows a person or organisation to approach a court in matters involving public interest, particularly where people may face difficulty approaching the court themselves.

Structure of Courts in India

India has an integrated judicial system. The main levels include the Supreme Court, High Courts and subordinate courts.

Higher courts can hear appeals from lower courts according to the applicable jurisdiction and procedures.

Read More : NCERT Solutions for Class 8 Civics Chapter 1 The Indian Constitution

Criminal Law and Civil Law

The chapter also explains the difference between criminal law and civil law.

The exact procedure and remedy depend on the nature of the case and the applicable law.

Judiciary Class 8 Extra Questions and Answers

What is the role of the judiciary?

The judiciary resolves disputes, upholds the law, protects Fundamental Rights and exercises judicial review within its constitutional and legal powers.

What is meant by an integrated judicial system?

India has a single integrated judicial system in which the Supreme Court is at the highest level, followed by High Courts and subordinate courts. Decisions of higher courts have legal significance for lower courts within the judicial system.

What is the purpose of an appeal?

An appeal provides a legal mechanism through which a party can ask a higher court to examine a decision of a lower court, where an appeal is permitted.

What is meant by access to justice?

Access to justice means that people should be able to approach the legal system to seek protection of their rights and resolution of disputes.

Why is PIL important?

PIL can help bring matters involving public interest before the courts, particularly where affected people may face difficulties in approaching the courts themselves.

Quick Revision: Judiciary Class 8

• The judiciary is the system of courts that resolves disputes and interprets laws.

• An independent judiciary is important for protecting Fundamental Rights.

• Judicial review allows courts to examine laws and government actions against constitutional requirements.

• The appellate system allows cases to be taken to higher courts when permitted by law.

• PIL is used to raise matters involving public interest.

• The Supreme Court is the highest court in India.

• High Courts operate at the state or designated territorial level.

• Subordinate courts function below the High Courts.

• Criminal law deals with offences, while civil law generally deals with disputes involving rights and obligations.

• Access to courts is an important part of access to justice.