NCERT Class 8 Political Science Chapter 5: Judiciary YouTube Lecture Handouts

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Rule of Law: Laws apply to all and certain set of rules should be followed when laws are violated

Image of Statue of Justice

Image of Statue of Justice

Image of Statue of Justice

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

Image of Supreme Court India

Image of Supreme Court India

Image of Supreme Court India

Independent Judiciary

Case: Politician encroaches land of your family

Image For Land Encroachment

Image for Land Encroachment

Image For Land Encroachment

  • 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

Image of Constitution

Image of Constitution

Image of Constitution

  • 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

Image of Hierarchy of Courts of India

Image of Hierarchy of Courts of India

Image of Hierarchy of Courts of India

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

  • 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

Image of Branches of Legal System

Image of Branches of Legal System

Image of Branches of Legal System

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’

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