NCERT Class 8 Political Science Chapter 5: Judiciary YouTube Lecture Handouts
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NCERT Class 8 Political Science Chapter 5: Judiciary
Rule of Law: Laws apply to all and certain set of rules should be followed when laws are violated
Role of Judiciary
- Resolve Disputes: Between citizens, citizens and government or government and government
- Judicial Review: Judiciary can strike down laws passed by Parliament, if there is violation
- Uphold Law & Enforce Fundamental Rights: Supreme Court ruled that Article 21 provides every citizen the Fundamental Right to Life also includes Right to Health – govt. to provide compensation for the loss (Paschim Banga Khet Mazdoor Samity vs State of West Bengal, 1996)
- Federal Court of India (1937 – 1949) was located in Chamber of Princes in the Parliament House & now moved to Mathura Road in New Delhi in 1958. Named Supreme Court in 1950
Independent Judiciary
Case: Politician encroaches land of your family
- If political influence on judiciary – politician will win
- Cases were rich try to influence judiciary
- But Reality is “SEPARATION OF POWERS” – legislature and executive cannot interfere with judiciary
- Judges are appointed with little or no interference and once appointed it is hard to remove them
- Checks that there is no misuse of power by the legislature and the executive.
- Also protects the fundamental rights of the citizens
Hierarchy of Courts
- Subordinate or district Courts – at district or tehsil level
- District level – District Judge
- State Level – High Court (1st established in Presidency cities of Calcutta, Bombay and Madras in 1862)
- Punjab and Haryana have common High Court at Chandigarh
- 4 NE states of Assam, Nagaland, Mizoram, and Arunachal Pradesh have a common High Court at Guwahati
- Andhra Pradesh and Telangana have common High Court at Hyderabad
- National Level – Supreme Court (Apex body) in New Delhi – presided by Chief Justice of India – decisions are binding on all other courts
Appellate System
- Appellate system in India: Person can appeal to a higher court if they believe that the judgment passed by the lower court is not just
- State (Delhi Administration) vs Laxman Kumar and Others (1985)
- Trial Court – convicted husband, brother-in-law, and mother-in-law in dowry
- High Court – 1983 – gave it as accidental fire from stove
- Supreme Court – 185 – Found husband and mother-in-law guilty of dowry or acquitted brother-in-law as had no strong evidence
- Subordinate courts are also known as Trial Court or the Court of the District Judge, Additional Sessions Judge, Chief Judicial Magistrate, Metropolitan Magistrate, Civil Judge
Branches of Legal System
- Civil – harm or injury to individual (in sale, purchase, and divorce) , petition is filed by affected party and court provides the specific relief asked for
- Criminal – deals with act that defines an offence, starts with FIR (First Information Report) with police, if accused is found guilty then sent to jail
Who Can Access Courts?
- All citizens of India can access court
- If citizen feels the rights are violated, they can access the court
- Legal process involves money, paperwork, and time – for poor it is a remote idea
- 1980s: PIL or Public Interest Litigation - It allowed any individual or organization to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated – legal process is now simplified and even a letter or telegram would do – useful for rescuing bonded laborers, prisoners who had completed their jail term
- Article 21 of the Constitution on Right to Life to include Right to Food
- Judgment of Olga Tellis vs Bombay Municipal Corporation established the Right to Livelihood as part of the Right to Life
Way Forward
- Work on the number of year՚s court takes to solve the cases ‘Justice delayed is justice denied’
✍ Mayank