Judiciary Class 8 Notes: CBSE Political Science Chapter 4

Why do we Need Judiciary?

Judiciary follows the principle of equality. When any law is violated, a certain set of fixed procedures need to be followed to uphold the law and to provide justice to the aggrieved person or persons. In order to enforce this rule of law, we need a judicial system. In India, this judicial system consists of the mechanism of courts, and citizens can approach these courts when a law is violated.

The judiciary is a critical organ of the government and it plays a crucial role in the efficient functioning of India’s democracy. The answer to why do we need an independent judiciary is that this independence allows the judiciary to play its role in a non-biased or influenced manner.

Role of Judiciary

The role of the judiciary can be understood by understanding its functioning. The judiciary performs the following roles.

• Dispute Resolution: The mechanism of the judicial system helps in resolving disputes between the citizens, between the citizens and the government, between two state governments, and between the Centre and the State governments.

• Judicial Review: The judiciary can strike down certain laws passed by the Parliament under its power of judicial review. This happens when the judiciary believes that these laws are a violation of the basic structure of the Constitution.

• Upholding the Law and Enforcing Fundamental Rights: If the citizens of India believe that their Fundamental Rights have been violated, they can approach the Supreme Court or the High Court.

Independent Judiciary

An Independent Judiciary implies that:

• The other branches of government which are the legislature and the executive, cannot interfere in the work of such a judiciary.

• In an independent judiciary, the courts are not under the government and do not act on its behalf. This allows the courts in ensuring that the legislature and the executive leg do not misuse the power.

• An independent judiciary plays a critical role in protecting the Fundamental Rights of citizens.

What is the Structure of Courts in India?

The structure of courts in India comprises if three tiers. Its three different levels are:

1. District Court: The district courts are also called subordinate or Tehsil level courts and they settle the disputes for most people in the country.

2. High Court: The highest court of every state in the country is the High court.

3. Supreme Court: This is the court at the highest level. The Supreme Court of India is in Delhi. The decisions made by the Supreme Court are binding on all other lower courts in India.

As per the integrated judicial system followed in India, the decisions made by higher courts are binding on the lower courts. Under the appellate system of the judiciary in India, a person can appeal to a higher court if they believe that the judgment passed by the lower court is not right or justified.

What are the Different Branches of the Legal System?

The case of dowry death is categorized as a ‘crime against society’ and is a breach of criminal law. Besides criminal law, the legal system also addresses civil law cases. For instance, a new civil law was introduced in 2006 to protect women from domestic violence. Refer to the table below to see the key differences between criminal and civil law.

Who has access to the Courts?

In India, all citizens have the right to access the courts to seek justice, as courts play a key role in protecting Fundamental Rights. However, many poor individuals struggle with the costs and complexities of legal procedures. 

To help, the Supreme Court introduced Public Interest Litigation (PIL) in the 1980s, allowing anyone to file a case on behalf of others whose rights are violated. 

• This simplified process has addressed issues such as labour conditions and wrongful imprisonment. 

• For ordinary people, PILs provide an important way to access justice and uphold rights like the Right to Life.
  One challenge in accessing justice is the long duration courts take to resolve cases, often summed up by the phrase "justice delayed is justice denied." 

• Despite this, the judiciary remains vital in democratic India, checking the powers of the executive and legislature and protecting Fundamental Rights. 

• The Constituent Assembly wisely established an independent judiciary as a cornerstone of our democracy.

5 Important Topics of Class 8 Political Science Chapter 4 you shouldn’t Miss!

Importance of Political Science Chapter 4 Judiciary Class 8 Notes PDF

• The notes describe the different court levels and their functions, clarifying the structure and operation of the judiciary.

• They explain the judiciary's key roles, such as interpreting laws and protecting rights, and how it contributes to justice.

• The notes cover judicial review and its role in ensuring laws and government actions follow the Constitution.

• They outline the responsibilities of judges and their importance in maintaining fairness and impartiality in the legal system.

• The notes provide an overview of legal processes, including how cases are handled and decided in court.

Tips for Learning the Chapter 4 Judiciary Class 8 Notes PDF

• Understand the different levels of courts and their roles. Visualise the hierarchy to see how the judicial system is organized.

• Learn about the judiciary's main functions, such as interpreting laws and protecting rights. Relate these functions to real-life examples.

• Grasp the concept of judicial review and its importance. Think about how it ensures that laws and government actions are constitutional.

• Familiarise yourself with the responsibilities of judges and their role in ensuring justice. Consider their importance in maintaining fairness.

• Learn how cases are filed, heard, and decided. Use simple examples to understand legal procedures and how they apply in real situations.

• Refer to summaries and diagrams in the notes to reinforce key points and visualise complex ideas.

Conclusion

The Revision Notes for Class 8 Social Science - Political Science Chapter 4, "Judiciary," provide a clear and simple explanation of the role and functions of the judiciary in our society. These notes cover essential topics such as the structure of the courts, the functions of the judiciary, and the concept of judicial review. They help students understand how the judicial system operates, the responsibilities of judges, and the importance of fair legal processes. These notes are a valuable resource for exam preparation, ensuring students understand the key concepts and are well-prepared for their exams.

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