JAC Board Class 8th Social Science Solutions Civics Chapter 5 Judiciary
JAC Class 8th Civics Judiciary InText Questions and Answers
Page 56
Question 1.
Do you think that any ordinary citizen stands a chance against a politician in this kind of judicial system? Why not?
Answer:
Yes, I think that any ordinary citizen stands a chance against a politician in this kind of judicial system. There is a protection against this kind of situation by the constitution of India for the independence of the judiciary.
Page 57
Question 2.
List two reasons why you believe an independent judiciary is essential to democracy.
Answer:
Two reasons to be believed that an independent judiciary is essential to democracy are as follows:
- It protects the Fundamental Rights of the citizen. Any person can approach the court if they think that there rights are violated.
- An independent judiciary provides impartial judgment which is an important aspect of democracy.
Page 59
Question 3.
Write two sentences of what you understand about the appellate system from the given case.
Answer:
We understood about the appellate system from the given case is that a person can appeal to a higher court against the judgment of the lower court. The Supreme Court, the highest judicial authority has the power to review the decisions of the lower courts and give its own judgments.
Page 63
Question 4.
Discuss the impact of the shortage of judges on the delivery of justice to the litigants.
Answer:
The impact of the shortage of judges on the delivery of justice to the litigants is that it takes too much time and people have to wait for longer period. It costs heavily as well.
JAC Class 8th Civics Judiciary Textbook Questions and Answers
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 necessary to carry out the function of ‘upholding the law and enforcing Fundamental Rights’ because it plays a major role in the functioning of India’s democracy. It helps to protect the judicial process from external influences. It is the 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 also 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.
Question 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?
Answer:
The Right to Constitutional Remedies connects to the idea of judicial review in its capacity of protecting and shielding the rights of the citizens against the working of the State legislature or executive. It allows citizens to move to the court if they feel that their fundamental rights are being violated by the State administration. In the Constitution, every citizen has equal rights and none can be discriminated against. Hence, judicial review and the Right to Constitutional Remedies are inter-connected because the judicial review is practiced when any fundamental Right has gone wrong by the State. In this case, a higher court can repeal the judgments of a lower court based on its own investigation.
Question 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.
Answer:
- In Fower Court:
Laxman. his mother Shakuntala and his brother-in-law Subhash Chandra were sentenced to death. - In High Court:
Laxman, Shakuntala and Subhash Chandra were all acquitted and set free. - In Supreme Court:
Laxman and Shakuntala were found guilty and given life imprisonment while Subhash Chandra was acquitted for lack of sufficient proofs against him.
Question 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) False
(c) False
Question 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?
Answer:
The introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring access to justice for all because of the following reasons: Any person or organization is allowed to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated. The poor and illiterate people got more access to justice. The legal process was greatly simplified. A letter addressed to the Supreme Court or the High Court could be treated as a PIL.
Question 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.
Answer:
In the Olga Tellis vs. Bombay Municipal Corporation case, the judges stated that the Right to Livelihood was part of the Right to Life because no person can live without the means of living. In the Olga Tellis vs. BMC case, people were poor and lived in slums. For them, the eviction of their slum means deprivation of their livelihood which consequently means deprivation of life. This is how the judges connected Right to Livelihood to the Right to Life.
Question 7.
Write a story around the theme, ‘Justice delayed is justice denied’.
Answer:
Students need to write their own story. Sample story:
My friend was a bank worker on his retirement he came back to his father’s house which was in a different city. In that house the tenants were living he told them to clear the place so that his family can live as he had no other house but the tenant refused to leave and took a stay order and fded a case due to which my friend had to start living in a rented house. It took five years in the court for the decision at last the decision was in his favour. Next morning we came to know that the tenant has done an appeal in the upper tribunal which lead to another 5 years so in total he got justice after ten years but wasted a lot of money on rent to live for ten years. So, it is true justice delayed is justice denied.
Question 8.
Make sentences with each of the glossary words given on the next page.
Answer:
- Acquit:
Ramesh and Dinesh has acquitted themselves well and they can take comfort in that fact. - To appeal:
Smt. Sita Devi approached the High Court to appeal against the District Court. - Compensation:
The court awarded the victims a good amount of money in compensation. - Eviction:
The shopkeeper faced eviction for not paying the rent and electricity bills. - Violation:
My friend’s uncle was fined heavily for violating the traffic rules.
Question 9.
The following is a poster made by the Right to Food campaign.
Read this poster and list the duties of the government to uphold the Right to Food.
How does the phrase “Hungry stomachs, overflowing godowns! We will not accept it!!” used in the poster relate to the photo essay on the Right to Food on page 61?
Answer:
The Constitution provides Fundamental Rights under this Right to Food is present. If this is affected by any reason then the government is responsible for it. If someone dies out of hunger, the government will be responsible for this. The government has to keep control and check on some of the happenings such as the suicide cases of farmers. Sometimes a crisis of food is created by hoarders and government must find these traders and hoarders and strictly punish them.
JAC Class 8th Civics Judiciary Important Questions and Answers
Multiple Choice Questions
Question 1 .
………..cases usually begin with the lodging of FIR with the police who investigate the crime after which a case is filed in the court.
(a) Criminal
(b) Civil
(c) Special
(d) Personal
Answer:
(a) Criminal
Question 2.
Which of the following situation of violence comes under the civil case?
(a) A group of girls are persistently harassed by a group of boys while walking to school.
(b) A tenant murdered the house owner to loot the house.
(c) A tenant who is being forced to move out files a case in court against the landlord.
(d) All of these
Answer:
(c) A tenant who is being forced to move out files a case in court against the landlord.
Question 3.
Poor people often avoid to go to the courts to get justice because:
(a) Legal procedures involve a lot of money, and paperwork takes up a lot of time.
(b) Poor people are not allowed to hire layer.
(c) Poor people never reach to the court on time.
(d) Judges do not listen to the poor people because of lack of trust.
Answer:
(a) Legal procedures involve a lot of money, and paperwork takes up a lot of time.
Question 4.
The mid-day meal that children now receive in government and government-aided schools is also because of:
(a) Public International Litigation (PIL).
(b) Public Interest Litigation (PIL).
(c) Pacific International Lines (PIL).
(d) Interest Litigation (PIL).
Answer:
(b) Public Interest Litigation (PIL).
Question 5.
The work that the judiciary does can be divided into which of the following?
(a) Dispute resolution
(b) Judicial review
(c) Upholding the law and enforcing fundamental rights
(d) All of these
Answer:
(d) All of these
Question 6:
……..provides a mechanism for resolving disputes between citizens, between citizens and the government, between two state governments and between the centre and state governments.
(a) The dispute system
(b) The control system
(c) The judicial system
(d) The police system
Answer:
(c) The judicial system
Question 7.
The judiciary has the power to strike down particular laws passed by the Parliament if it believes that these are a violation of the basic structure
of the Constitution. It is known as…..
(a) judicial review
(b) justice review
(c) control review
(d) objection review
Answer:
(a) judicial review
Question 8.
There are …….. different levels of courts in India.
(a) 10
(b) 3
(c) 12
(d) 7
Answer:
(b) 3
Question 9.
The Supreme Court of India is located in……
(a) Kolkata
(b) Mumbai
(d) Hyderabad
Answer:
New Delhi
Question 10.
Civil cases deals with:
(a) cases of theft, robbery, money, property, and inheritance.
(b) cases of theft, robbery, physical injury, and murder.
(c) matters like physical injury, marriage disputes, and murder.
(d) matters like money, property, inheritance, marriage disputes.
Answer:
(d) matters like money, property, inheritance, marriage disputes.
Very Short Answer Type Questions
Question 1.
What do you mean by law?
Answer:
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behaviour.
Question 2.
What do you mean by judiciary?
Answer:
The judiciary is the branch of authority in a country which is concerned with law and the legal system.
Question 3.
Name the branches of the legal system.
Answer:
The legal system in India is divided into two branches: Criminal Law and Civil Law.
Question 4.
What is the appellate system?
Answer:
This means that a person can appeal to a higher court if they believe that the judgment passed by the lower court is not just.
Question 5.
The work of the judiciary is categorised in how many ways?
Answer:
The work that the judiciary does can be divided into the following:
- Dispute Resolution
- Judicial Review
- Upholding the Law and Enforcing Fundamental Rights.
Question 6.
By which court most people interact?
Answer:
By Subordinate Courts, people mostly interact.
Question 7.
Who appoints the judges of High Court?
Answer:
The President of India appoints the judges of High Court.
Question 8.
In Delhi, which year the High Court came? How many High Courts are there in India?
Answer:
In the year 1966, the High Court in Delhi came. There are 24 High Courts in India.
Question 9. How many judges are there in the Supreme Court?
Answer:
There are 30 judges and Chief Justice in the Supreme Court.
Short Answer Type Questions
Question 1.
Can we say that Indian Judiciary is independent? How?
Answer:
Yes, Indian judiciary is considered an independent institution because of the following reasons:
- The other branches of government that is the legislature and the executive cannot interfere in the work of the judiciary.
- The courts are not under the government and do not act on their behalf.
Question 2.
India has an integrated judicial system. Discuss.
Answer:
In India, we have an integrated judicial system, it means that the decisions made by higher courts are binding on the lower courts. In other words, we can say that this integration is through the appellate system that exists in India. This means that a person can appeal to a higher court if they believe that the judgment passed by the lower court is not just.
Question 3.
What do you understand by Public Interest Litigation in India?
Answer:
The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice. It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated. The legal process was greatly simplified and even a letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL.
Question 4.
Describe briefly on the independence of the judiciary.
Answer:
One aspect of this independence is the ‘separation of powers’. This 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 government and do not act on their behalf. All judges are appointed with very little interference from these other branches of government in the High Court as well as the Supreme Court. Once appointed to this office, it is also very difficult to remove a judge.
Question 5.
What is the structure of courts in India?
Answer:
In our country, there are three different levels of courts. There are several courts at the lower level while only one at the apex level. The courts that most people interact with subordinate or district courts. These are usually at the district or Tehsil level or in towns and they hear many kinds of cases. Each state is divided into districts that are presided over by a District Judge. Each state has a High Court which is the highest court of that state. And, at the top is the Supreme Court which 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.
Question 6.
What do you understand by apex court? Who presides over the Supreme Court?
Answer:
In the Indian judicial system, Apex court relates to the court at the highest level means the Supreme Court. The Chief Justice of India presides over the Supreme Court.
Question 7.
How are the Supreme Court and High Court Judges appointed?
Answer:
The Supreme Court and High Court judges are appointed by the President of India by the advice and consultation with the Prime Minister and the Chief Justice of India.
Question 8.
How the Supreme Court and High Court judges are removed?
Answer:
Once the person is appointed as a judge in Supreme Court or in High Court, it is very difficult to remove from his position. It can only be done by the impeachment motion passed by the two-third members of the Houses of parliament present and by voting.
Question 9.
Explain in brief the evolution of courts in India.
Answer:
In 1862, during the British rule, the first High Courts were established and setup in Bombay, Calcutta and Madras (now Mumbai, Kolkata and Chennai). In 1937, the Federal Court of India was established by the British rule. The Supreme Court that we have at present was preceded by the Federal Court of India. Till 1949, it was operational from the Chamber of Prince in the Parliament House. The Supreme Court at present replaced that. In 1966, Delhi High Court was established. At present, we have one Supreme Court at the top most level and 24 High Courts.
Question 10.
In what ways do you think the Supreme Court is the guardian of Fundamental Rights?
Answer:
Supreme Court acts as a guardian of fundamental rights as it ensures that people are able to practice their rights in the required manner. Every citizen of India can approach the Supreme Court or the High Court if they believe that their Fundamental Rights have been violated.
Long Answer Type Questions
Question 1.
Explain the Role of the Judiciary.
Answer:
The work or role of the judiciary can be divided into the following:
Dispute Resolution:
The judicial system provides a method for resolving disputes between citizens, between citizens and the government, between two state governments and between the centre and state governments.
Judicial Review:
As the final interpreter of the Constitution, the judiciary also has the power to strike down particular laws passed by the Parliament if it believes that these are a violation of the basic structure of the Constitution.
This is known as judicial review. Upholding the Law and Enforcing Fundamental Rights:
Every citizen of India can approach the Supreme Court or the High Court if they believe that their Fundamental Rights have been violated.
Question 2.
What are the different branches of the legal system? Distinguish between Criminal Law and Civil Law.
Answer:
The different branches of the legal system are:
- Criminal Law
- Civil Law
Difference between Criminal Law and Civil Law:
| Criminal Law | Civil Law |
| Deals with conduct or acts that the law defines as offences. Such as theft, harassing a woman to bring more dowry, murder. | Deals with any harm or injury to rights of individuals. Such as disputes relating to sale of land, purchase of goods, rent matters, divorce cases. |
| First Information Report (FIR) has to be lodged with the police who investigate the crime after which a case is filed in the court. | Before the relevant court a petition has to be filed by the affected party only. Such as in a rent matter, either the landlord or tenant can file a case. |
| The accused can be sent to jail and also fined if found guilty. | The court gives the specific relief asked for. Such as in a case between a landlord and a tenant, the court can order the fiat to be vacated and pending rent to be paid. |