Grade-8, SST, The Judiciary
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Fill in the blanks with appropriate words.
(a) The three organs of the government are the executive, the
legislature, and the judiciary.
(b) A decision given by a lower court can be appealed
against in a higher court.
(c) Legal cases can be either civil or criminal in nature.
(d) The Supreme Court is the guardian of the Constitution.
(e) Impartiality is essential for the judiciary to work in
the interest of justice
Choose the correct answer.
(a) The apex court in the country is the
(i) High Court.
(ii) Sessions Court.
(iii) Supreme Court.
(iv) District Court.
Answer- (iii) Supreme Court.
(b) The jurisdiction not enjoyed by the Supreme Court is
(i) original jurisdiction.
(ii) appellate jurisdiction.
(iii) advisory jurisdiction.
(iv) extra-territorial jurisdiction.
Answer- (iv) extra-territorial jurisdiction.
(c) The number of judges in the Supreme Court is
(i) 34.
(ii) 32.
(iii) 26.
(iv) 30.
Answer- (i) 34.
(d) The retiring age for a Supreme Court judge is
(i) 60 years.
(ii) 62 years.
(iii) 65 years.
(iv) 68 years.
Answer- (iii) 65 years.
(e) The retiring age for a High Court judge is
(i) 60 years.
(ii) 62 years.
(iii) 65 years.
(iv) 68 years.
Answer- (ii) 62
years.
Match the rows.
|
(a) property dispute (b) Chief Justice of India (c) High Court (d) District Court (e) Nyaya Panchayat |
(i) apex court in a state (ii) village (iii) Supreme Court (iv) civil case (v) subordinate to the High Court |
Solution-
(a) property dispute – (iv) civil case
(b) Chief Justice of India – (iii) Supreme Court
(c) High Court – (i) apex court in a state
(d) District Court – (v) subordinate to the High Court
(e) Nyaya Panchayat – (ii) village
4. Write true or false. Correct the false sentences in your
notebook.
(a) Civil cases are cases related to theft, murder, etc.
False – Civil cases deal with disputes over
property, inheritance, contracts, etc., while theft and murder are criminal
cases.
(b) The judges of the Supreme Court are appointed by the Prime
Minister.
False – The judges of the Supreme Court are
appointed by the President of India on the advice of the Council
of Ministers and the sitting judges of the Supreme Court.
(c) The High Court monitors the proceedings of the Supreme Court.
False – The Supreme Court
is the apex court, and the High Court does not monitor its proceedings. The
High Court supervises the lower courts within the state.
(d) The Sessions Court is the highest civil court in a district.
False – The District Court
is the highest civil court in a district, while the Sessions Court handles
criminal cases.
(e) The judiciary should be impartial while conducting legal
proceedings.
True.
5. Answer the following questions in one or two sentences.
(a) Why do we need a judiciary?
Answer- We need a judiciary to deliver justice, resolve disputes,
and ensure that laws are enforced fairly and impartially.
(b) What can be done if one is not satisfied with the verdict
given by a court?
Answer- If one is not satisfied with the verdict given by a
court, they can appeal to a higher court.
(c) What is the original jurisdiction enjoyed by the Supreme
Court?
Answer- The original jurisdiction of the Supreme Court refers to
cases that are heard for the first time, including disputes between the central
government and states or between different states, as well as cases involving
the violation of Fundamental Rights.
(d) What is the highest court in a state?
Answer- The highest court in a state is the High Court.
(e) Which are the courts at the district level?
Answer- The courts at the district level are the District Court
(for civil cases) and the Sessions Court (for criminal cases).
6. Answer the following questions in four or five sentences.
(a) Explain the different levels of the judiciary in India.
Supreme Court: The highest court in India, located in New
Delhi, is the final court of appeal.
High Courts: These are the highest courts in individual
states or group of states.
District Courts: These courts handle civil and criminal
cases at the district level.
Subordinate Courts: Below the district courts, they include
lower civil courts and Sessions Courts for criminal cases.
Nyaya Panchayats: Village-level courts for resolving minor
disputes in rural areas.
(b) What do you know about the Supreme Court of India?
The Supreme Court is the apex court in India, also
referred to as the guardian of the Constitution.
It has a Chief Justice and up to 34 judges appointed by
the President of India.
The court has original, appellate, and advisory
jurisdictions.
It handles disputes between states and the central government and
protects Fundamental Rights.
Its decisions serve as precedents for all other courts in India.
(c) Discuss the powers of the High Court.
The High Court is the highest court in a state and has both original
and appellate jurisdiction.
It can hear appeals from lower courts, including civil,
criminal, and election-related cases.
The High Court can issue writs for the enforcement of
Fundamental Rights.
It supervises the functioning of subordinate courts in the
state.
The High Court maintains records of its decisions, which guide
lower courts.
(d) What do you know about the subordinate courts?
Subordinate courts operate under the jurisdiction of the High
Court in a state.
District Courts handle civil cases, while Sessions
Courts handle criminal cases at the district level.
Below them are lower courts that address minor civil and criminal
disputes.
Nyaya Panchayats exist at the village level to resolve local
disputes.
These courts are essential for handling the vast number of cases
that do not reach the higher courts.
(e) How is the impartiality of the judiciary ensured in India?
The judiciary is independent from the executive and
legislature, ensuring impartial decisions.
Judges are appointed by the President, and they cannot be
removed easily, except through impeachment.
Judges enjoy security of tenure until retirement (65 years
for the Supreme Court and 62 years for High Court).
They cannot be influenced by external pressure, as their removal
requires a two-thirds majority in Parliament.
This independence ensures that decisions are made based on law
and justice, without political or external interference.
Values and Life Skills
Awareness of Rights: Understanding the judiciary helps citizens
know their rights and how to protect them when violated.
Seeking Justice: Citizens can approach the correct court
for justice, be it for civil or criminal matters.
Confidence in the Legal System: Knowledge of the legal
process fosters trust in the system's ability to provide justice impartially.
Responsibility as Citizens: Being aware of legal
procedures encourages individuals to act responsibly and abide by the laws.
Participation in Democracy: An informed citizenry
strengthens democracy by holding legal institutions accountable and ensuring
transparency.
This knowledge equips citizens to actively engage with and
benefit from the justice system.
Thinking Hat
Here are some ways the judiciary's freedom may be reduced and the
possible consequences:
Political Pressure: If the executive or legislature influences
judicial decisions, it may lead to verdicts that favor the ruling government or
political leaders, rather than upholding justice. This can erode public trust
in the legal system.
Judicial Appointments: If judges are appointed based on political
connections rather than merit, it could compromise their impartiality. This
could lead to biased judgments that serve political interests.
Threats to Judicial Removal: If judges can be easily
removed for delivering judgments unfavorable to the government, they may
refrain from ruling against powerful individuals or entities, allowing
corruption and injustice to thrive.
Legislative Overreach: If the legislature can overrule or
interfere with judicial decisions, the judiciary's power of judicial review
(the ability to declare laws unconstitutional) would be weakened, undermining
the system of checks and balances.
Consequences:
Loss of Public Trust: People would lose faith in the courts and
turn to illegal means to resolve disputes, causing lawlessness.
Abuse of Power: The executive and legislature could abuse
their power, knowing they are not accountable to an impartial judiciary.
Erosion of Democracy: An independent judiciary is vital to
maintaining the balance of power in a democracy. Without it, authoritarianism
could rise, and citizens' rights could be suppressed.
Analytical Skills
(i) Why do you think the seal of the Supreme Court seeks its
inspiration from the Sarnath Lion Capital?
Answer- The seal of the Supreme Court seeks its
inspiration from the Sarnath Lion Capital because it is a symbol of India's
rich cultural and historical heritage. The Lion Capital, which was adopted as
the national emblem of India, represents the country's values of strength,
courage, and justice. By incorporating the wheel from the Lion Capital into its
seal, the Supreme Court emphasizes its role in upholding these ideals,
particularly justice, truth, and fairness.
(ii) What is the significance of the Sanskrit inscription?
Answer- The significance of the Sanskrit inscription
"Yato Dharmastato Jayah," meaning "whence law (dharma), thence
victory," lies in its message that justice and righteousness (dharma) are
the foundations of true success and victory. It reflects the Supreme Court's
commitment to ensuring that justice prevails and that the rule of law is upheld
in all matters, symbolizing the triumph of truth and fairness in society.
Analytical Skills
The Supreme Court can issue five kinds of writs to enforce the
Fundamental Rights-habeas corpus, mandamus, prohibition, quo warranto and
certiorari. Find out what each of these means and share your findings in class.
Here are the five kinds of writs that the Supreme Court can issue
to enforce Fundamental Rights:
Habeas Corpus:
Meaning: "Habeas Corpus" translates to
"You shall have the body." This writ is used to ensure that a person
who is detained or imprisoned is brought before the court. The purpose is to
determine whether the detention is lawful. If it is found to be unlawful, the
court can order the release of the person.
Use: To address unlawful detention or
imprisonment.
Mandamus:
Meaning: "Mandamus" means "We
command." This writ is issued by a court to compel a public authority or
lower court to perform a duty that it is legally obligated to perform but has
failed or refused to do so.
Use: To enforce the performance of a public
duty or official action.
Prohibition:
Meaning: The writ of "Prohibition" is
issued by a higher court to a lower court or tribunal to prevent it from
exceeding its jurisdiction or from acting beyond its authority. It essentially
prohibits the lower court from proceeding with a case that it does not have the
authority to handle.
Use: To prevent lower courts from acting
outside their jurisdiction.
Quo Warranto:
Meaning: "Quo Warranto" translates to
"By what authority?" This writ challenges a person’s right to hold a
public office or position. It is used to question the authority under which
someone claims to hold a particular office or position.
Use: To question and challenge the authority of
a person holding a public office.
Certiorari:
Meaning: "Certiorari" means "To be
informed." This writ is issued by a higher court to a lower court or
tribunal to review and correct its decisions or orders. It is used to ensure
that the lower court’s proceedings are lawful and within its jurisdiction.
Use: To review and correct the decisions of
lower courts or tribunals.
These writs are essential tools in ensuring that Fundamental
Rights are protected and that the legal process remains fair and just.
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