MSBSHSE Class 8 Social Science Civics Chapter 4 The Indian Judicial System

Q1. Choose the correct option and complete the statements.

(1) Laws are made by …………… .

(a) Legislature

(b) Council of Ministers

(c) Judiciary

(d) Executive

(2) The Chief Justice of the Supreme Court is appointed by ……………

(a) Prime Minister

(b) President

(c) Home Minister

(d) Chief Justice

Answer 1: Laws are made by Executive.

Answer 2: The Chief Justice of the Supreme Court is appointed by the President.

Q2. Explain the concepts.

(1) Judicial Review

(2) Public Interest Litigation

Answer 1: Judicial Review –One of the most important responsibilities entrusted to the Supreme Court is the protection of the Constitution. You are aware that the Constitution is the fundamental law of the Nation. The Parliament cannot pass any law that violates the Constitution. Every act or policy made by the Executive should also be consistent with the Constitution. If any law passed by the Legislature or any act of the Executive violates any provision of the Constitution, the said law or act is declared illegal and struck down by the court. This power of the court is known as Judicial Review.

Answer 2: Public Interest Litigation –Public Interest Litigation (PIL) refers to litigations filed on issues of public importance by individual citizens, social organisations or Non-Governmental Organisations on behalf of all people. The court thinks over the questions raised and gives its decision.

Q3. Write short notes on.

(1) Civil and Criminal Law

(2) Judicial Activism

Answer 1: Civil and Criminal Law –Civil law deals with conflicts which affect or interfere with the rights of a person. For example, Conflicts regarding land and property, rent agreement, divorce, etc. After filing a petition in the relevant court, the said court gives a decision.

Criminal law –Serious crimes are dealt under criminal law. For example, theft, robbery, dowry, murder, etc. In these cases, the first step is to file a First Information Report (FIR) with the Police. The police investigate the matter and then a petition is filed in the court. If the charges are proved, there are provisions for severe punishment.

Answer 2: Judicial Activism –Traditionally, the Courts settle the disputes whenever they are approached for that purpose. In the last few decades, this image of the court has undergone a change and they have become increasingly active. This means that the court now seeks to fulfill the constitutional goals of justice and equality. The court has tried to provide legal protection to the marginalised sections in society, women, tribal, workers, farmers, and children. Public Interest Litigations have played an important role in this regard.

Q4. Answer in brief.

(1) Why are laws necessary in society?

(2) Enumerate the functions of the Supreme Court.

(3) Which are the provisions that preserve the independence of the judiciary?

Answer 1: The Rule of Law is protected by the Judiciary. The law treats everyone equally. Rich, poor, forward-backward, men or women, all are equal before law and this is expressed clearly through judicial decisions. That is why laws are necessary in society.

Answer 2: The functions of the Supreme Court are as follows:

• As a federal court, it has the responsibility to settle disputes between the Centre and states; and States on one side and States on the other.
• It may also give orders to relevant authorities for protection of the fundamental rights of citizens.
• To review decrees and orders of lower courts and also review its own decisions.
• In case the President asks for the advice of the Court to understand the legal aspects in matters of public importance and provide the necessary advice.

Answer 3: The provisions that preserve the independence of the judiciary are as follows:

• The Constitution lays down the eligibility criteria for the judges. A legal expert or one having served as the High Court judge or an experienced advocate is considered eligible.
• Judges are appointed by the President. This helps to avoid any political pressure.
• Judges enjoy security of tenure. They cannot be removed from the post for trivial reasons or for political motives. The retirement age of judges of the Supreme Court is 65 years, while for the High Court it is 62 years.
• The salaries of judges are drawn from the Consolidated Fund of India, no discussion takes place in Parliament.
• Personal criticism cannot be made on judges for their acts and decisions. Contempt of Court is considered a punishable offense. This not only protects the judges from misguided/ wrongful criticism but also preserves the independence of the judiciary.
• The Parliament cannot discuss the decisions of the judges. However, it has the right to remove the judges from their position through the impeachment procedure.

Q5. Complete the table.

Organisation of the Judiciary
Supreme Court	High Court	District Court
Chief Justice	High Court Chief Justice	District Judge

Q6. Write the functions of High Court.

Answer: The functions of High Court are:

• To supervise and maintain control over the lower courts in its jurisdiction.
• Authority to give orders to protect fundamental rights.
• The Governor seeks the advice of the High Court while appointing judges in the district courts.