Chapter 4: Judiciary| Class 8 Civics Notes
Last Updated : 10 Jun, 2024
The principle of equality before the law ensures that laws are universally applicable to all individuals. When a law is breached, a set of established procedures must be adhered to. To uphold this rule of law, a judicial system is in place, comprising courts where citizens can seek recourse when laws are violated. As a branch of government, the judiciary plays a pivotal role in India's democratic functioning. Its effectiveness stems from its independence.
For a comprehensive understanding of the judiciary, including the concept of an "independent judiciary" and the relationship between lower courts and the Supreme Court, refer to CBSE Notes Class 8 Civics Chapter 4 – Judiciary. These notes delve into various aspects of the judiciary, offering insights into its functioning and significance.
Chapter 4: Judiciary| Class 8 Civics NotesWhat is the Role of the Judiciary?
The functions of the judiciary cover the following areas:
- Dispute Resolution: The judicial system offers a platform for resolving conflicts among individuals, between citizens and the government, between state governments, and between the central and state governments.
- Judicial Review: The judiciary possesses the authority to nullify specific laws enacted by the Parliament if it deems them to contravene the fundamental structure of the Constitution. This process is known as judicial review.
- Upholding the Law and Safeguarding Fundamental Rights: Every Indian citizen retains the right to approach either the Supreme Court or the High Court if they perceive a violation of their Fundamental Rights.
What is an Independent Judiciary?
The independence of the judiciary entails:
- Non-interference from other branches of government, namely the legislature and the executive. Courts operate autonomously and do not act on behalf of the government.
- The autonomy of the judiciary empowers courts to serve as a check against potential abuse of power by the legislature and the executive.
- Furthermore, judicial independence plays a critical role in safeguarding the Fundamental Rights of citizens.
What is the Structure of Courts in India?
India's judicial system comprises three distinct tiers of courts:
District Court: Often referred to as subordinate or district courts, these are the courts where the majority of individuals interact. They operate at the tehsil level.
High Court: Each state in India has its own High Court, serving as the highest judicial authority within that state.
Supreme Court: Positioned at the apex, the Supreme Court is the highest court in the country. Its verdicts hold authority over all other courts in India. The Supreme Court is situated in New Delhi.
India operates under an integrated judicial framework, meaning that rulings issued by higher courts are legally binding on lower courts. Additionally, India employs an appellate system, enabling individuals to appeal to higher courts if they deem the judgment rendered by a lower court to be unjust.
What are the Different Branches of the Legal System?
Criminal Law | Civil Law |
|---|
Deals with conduct or acts defined as offences. | Deals with harm or injury to individuals' rights. |
Examples: Theft, harassment, dowry, murder. | Examples: Land sale disputes, purchase disputes, rent matters, divorce cases. |
It usually begins with the lodging of a First Information Report (FIR) with the police who investigate the crime, after which a case is filed in court. | A petition has to be filed before the relevant court by the affected party only. |
Guilty parties may face imprisonment and fines. | The court gives the specific relief asked for. |
Does Everyone Have Access to the Courts?
Yes, every Indian citizen has the right to access the courts for justice. However, in reality, many challenges hinder access to justice, especially for the impoverished.
Legal procedures entail significant costs, extensive paperwork, and prolonged durations, making it challenging for many to navigate the judicial system.
To address this issue, the Supreme Court introduced Public Interest Litigation (PIL) in the early 1980s. PIL allows individuals or organizations to file cases in the High Court or Supreme Court on behalf of those whose rights are violated.
The adage 'justice delayed is justice denied' aptly describes the prolonged duration of court proceedings.
Nevertheless, despite these challenges, the judiciary remains pivotal in India's democracy. It serves as a check on the powers of the executive and legislature and safeguards citizens' Fundamental Rights.