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NCERT Class 8 Social Science Chapter 17 Judiciary
Also, you can read the NCERT book online in these sections Solutions by Expert Teachers as per Central Board of Secondary Education (CBSE) Book guidelines. CBSE Class 8 Social Science Solutions are part of All Subject Solutions. Here we have given NCERT Class 8 Social Science Chapter 17 Judiciary and After, NCERT Class 8 Social Science Textbook of Our Pasts – III: History, Social and Political Life – III: Civics, Resources, and Development: Geography. for All Chapters, You can practice these here.
SOCIAL AND POLITICAL LIFE – III [CIVICS]
NCERT TEXTBOOK QUESTIONS
Q.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?
Ans. No doubt, the most important function of the judiciary is to uphold the law and enforce Fundamental Rights. It protects the Fundamental Rights from being eroded, abridged or infringed upon by any person, group of persons or the state itself. An independent judiciary is necessary y because if the judiciary is under the influence of executive and members of legislative houses; it won’t be able to give fair decisions.
Q.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?
Ans. List of the Fundamental Rights:
(a) Right to equality.
(b) Right to freedom.
(c) Right to freedom of religion.
(d) Right against exploitation.
(e) Cultural and Educational Rights.
(f) Right to Constitutional remedies.
Right to Constitutional remedies allows a citizen to move to the court if they believe that any of the fundamental rights have been violated by the state. This right connects to the idea of judicial review also says that the judiciary has the power to strike down a popular law of the Parliament if it believes that there is a violation of the basic structure of the constitution.
Hence, it is clear that right to Constitutional Remedies connects to the idea of judicial review.
Q.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.
Ans. (i) The trial (lower) court convicted Laxman, his mother Shakuntla and his brother-in-law Subhash Chandra and sentenced all three of them to death.
(ii) The High Court gave the judgment that Sudha had died due to an accidental fire caused by the Kerosene stove, Laxman, Shakuntla and Subhash Chandra were acquitted.
(ii) The Supreme Court heard the arguments of the lawyers and reached a decision that was different from that of the high Court. They found Laxman and his mother guilty but acquitted the brother-in-law Subhash Chandra but they did not have enough evidence against him. The Supreme Court decided to send the accused to prison for life.
Q.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 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.
The decision of the Supreme Court is full and final.
(c) If they don’t like the Supreme Court verdict, the accused can go back again to the Trial Court.
The Supreme Court is the apex court of the country and no appeal can be filed against the decision of the Supreme Court.
Q.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?
Ans. The introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring access to justice for all because any individual or organization is allowed to file PIL in a High Court or the Supreme Court on behalf of those who are themselves unable to file a case even if their rights are violated. The legal process is simplified and a simple letter or telegram addressed to a High Court or the Supreme Court is to be regarded as PIL.
Q.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 as part of the Right to Life.
Ans. The judges in the Olga Tellis Vs Bombay Municipal Corporation observed an equally important fact of right to life is the right to livelihood because no person can live without the means of living, that is, the means of livelihood.
Trying to protect the livelihood of the slum dwellers the judges decided that the eviction of a person from a pavement or slum will inevitably lead to the deprivation of his means of livelihood and consequently to the deprivation of life.
The Right of Life conferred by Article 21 is wide and far reaching. Life means something more than mere animal existence.
Q.7. Write a story around the theme, “Justice delayed is justice denied.”
Ans. The delay in giving justice amounts to a negation of the principle of justice.
A story around the theme runs like this:
● Gopal took a loan of Rs 1,00,000 from a moneylender for the marriage of his daughter. As he was coming back, a thief snatched the bag of money from him. He screamed and luckily the people in the locality helped him to take his bag from the thief. However, the bag first went to the police custody and the case took a long time in the court so that Gopal could not get the money on time and the marriage of his daughter was canceled and he was also mentally harassed. Hence, it is true to say “Justice delayed is justice denied.”
Q.8. Make sentences with each of the glossary words given below:
(b) To appeal.
Ans. (a) Acquit: He was honorably acquitted of blame by a court martial.
(b) To appeal: Our school made efforts for fund raising for the tsunami appeal.
(c) Compensation: The court granted huge compensation to the young lady after the divorce.
(d) Eviction: Unlawful eviction and harassment is a criminal offense in the United Kingdom.
(e) Violation: Violation of traffic rules can lead to huge losses.
Q.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?
Ans. The Constitution of India grants the citizens the Right to live. Right to live is closely associated with the Right to Food.
The duties of the government to uphold the Right to Food are:
(a) to provide at least minimum food item to the people either totally free or charging very nominal cost.
(b) to check the hoarding of wheat, rice, sugar.
(c) to provide mid-day meals to the poor – children in the school.
‘Hungry stomachs, overflowing godowns’ is not at all acceptable in a civilized society. Instead, the need of the hour is Guru Nanak’s saying; “oaM [kk] [kaM [kkA” If the hoarding of food is not discouraged, the people with hungry stomachs will attempt to commit crimes.
SOME OTHER IMPORTANT QUESTIONS FOR EXAMINATION
VERY SHORT TYPE QUESTIONS ANSWER
Q.1. What is impeachment?
Ans. The process of removing the judges of High Court or the Supreme Court is called impeachment.
Q.2. How does the Supreme Court also function as the Court of Record?
Ans. The Supreme Court also functions as the Court of Record because it records and prints all its proceeding and judgments.
Q.3. Who was the first Chief Justice of India?
Ans. H.J. Kania.
Q.4. In which courts can PILS be filed?
Ans. The PILs can be filed in both the High Courts and Supreme Court.
Q.5. What is a Judicial system?
Ans. A Judicial system is a mechanism of courts that a citizen can approach when a law is violated.
Q.6. What do you mean by the term ‘Apex Court’?
Ans. The Supreme Court is at the apex of the Indian judicial system and called an apex court. All other courts, including the High Courts at the state level and subordinate courts work under its supervision.
Q.7. What is the number of judges at present in the Supreme Court of India?
Ans. At present, the Supreme Court of India consists of one Chief Justice and 25 other judges.
Q.8. Indian judiciary is both single and united. What does this mean?
Ans. The Indian judiciary is both single and united. This means, a case may be taken from the lowest court to the highest court through appeals.
Q.9. As an organ of the state, why is Judiciary an important functionary?
Ans. As an organ of the state, Judiciary is important for India’s democracy because it has an independent entity.
Q.10. What is election petition?
Ans.Election petition refers to request to a court to reconsider the fairness of an election result.
Q.11. Why is the Supreme Court called the Guardian of the Constitution?
Ans. The Supreme Court of India is called the Guardian of the Constitution because it has the power to declare a law passed by the Parliament null and void or illegal if it is against the provision of the constitution.
Q.12. What does Article 21 deals with?
Ans. Article 21 provides every citizen the fundamental right to life which also includes right to health and right to food.
Q.13. Name the two branches of legal system.
Ans. Legal system can be divided into two branches:
(a) Criminal law. and
(b) Civil law.
SHORT TYPES QUESTIONS ANSWER
Q.1. Write a short note on the structure of the courts in India.
Ans. Structure of courts in Indian can be explained as follows:
(a) The structure of the Indian judiciary/courts is like a pyramid.
(b) In India, there are three different levels of courts.
(c) At the lower level, we have district courts or subordinate courts. At the state level, we have High courts. And at the top is the supreme court.
Q.2. Distinguish between Criminal Law and Civil Law.
|Criminal Law||Civil Law|
|(1) Deals with conduct or acts that the law defines as offense. For example, theft, harassing a woman to bring more dowry, murder.||(1) Deal with any harm or injury to rights of individuals. For example: dispute relating to sale of land, purchase of goods, rent matters, divorce cases.|
|(2) It usually begins with the lodging of an FIR (First Information Report) with the police who investigates the crime after which a case is filled in court.||(2) A petition has to be filed before the relevant court by the affected party only.|
|(3) If found guilty, the accused can be sent to jail and also fined.||(3) The court gives the specific relief asked for.|
Q.3. What do you understand by Independent Judiciary?
Ans. Independent Judiciary means the following:
(a) Separation of powers i.e. the other branches of the state like the legislature and executive cannot interfere in the work of judicary.
(b) The courts are not under the government and do not act on their behalf.
(c) All judges in the High Court and Supreme Court are appointed with very little interference from other branches of the government.
Q.4. What are the functions of a High Court?
Ans. Two features of Lok Adalat are:
(a) A Lok Adalat is headed by a retired judge and settle disputes on the basis of mutual understanding and compromise.
(b) People wishing to settle a dispute through a Lok Adalat do not have to pay a court fee.
Q.5. Explain the importance of Independence of Judiciary.
Ans. (a) It ensures that there is no misuse of power by the legislature and the executive.
(b) It helps in protecting fundamental rights of citizens because any one can approach courts if they feel that their rights have been violated.
LONG TYPE QUESTIONS ANSWER
Q.1. What is a PIL and what purpose does it serve?
Ans. For providing speedy and economical justice to the poor and the down to rodden, new programmes have been introduced like public Interest Litigation. A Public Interest Litigation (PIL), on the other hand, can be initiated by any person or organization on behalf of people whose rights have been violated. This provision for filing PILS was initiated by the Supreme Court in the early 1980s in response to the need to help poor people have access to justice.
Another unusual thing about a PIL is that it does not have to be filed in the rather complicated manner that a normal case has to be filed. Just a simple letter or telegram addressed to the court suffices.
PILS also be filed on general issues affecting the public, such as environmental pollution and health services.
Q.2. What is the role of judiciary?
Why do we need a judicial system in our country?
Ans. Role of the Judiciary can be divided into the following:
(a) Dispute Resolution: The judicial system provides a mechanism for resolving disputes between citizens, between citizens and the government, between two state governments and between the centre and state government.
(b) 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 called judicial review.
(c) 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.
HIGHER ORDER THINKING SKILL QUESTIONS
Q.1. “Access to courts in India has always been difficult for a vast majority of people in India.” Explain the statement.
Ans. While the courts are available for all, in reality access to courts has always been difficult for a vast majority of the poor in India.
This is because of the following:
(a) Legal procedures involve a lot of money and paper work as well as take up a lot of time.
(b) For a poor person who cannot read and whose family depends on a daily wage, the idea of going to courts to get justice often seems remote.
Q.2. What is meant by Judicial Review?
Ans. It means the power of the Supreme Court to review or strike down the laws passed by the Legislature, if it believes that there is a violation of the basic structure of the constitution.
Q.3. Where is the common High Court of seven north-east states located?
Ans. It is located at Guwahati.
VALUE BASED QUESTIONS
Q.1. Describe the role played by the Supreme Court in Democratic India.
Ans. The Supreme Court in democratic India has a very vital role to play in the following ways:
(a) It decides cases of disputes between the centre and the federal states.
(b) It decides cases of disputes between two or more than two states.
(c) It decides cases when the fundamental rights of the citizens are involved.
(d) It protects the constitution when any of its article are violated.
(e) In this way the Supreme Court plays the role of protector, guardian and a link between the states and the Union.
Q. 2. Are different levels of courts in India connected to each other? Explain the statement.
Ans. Yes, different levels of courts are connected to each other because:
(a) In India, we have an integrated judicial system: meaning that the decisions made by higher courts are binding on the lower courts.
(b) Then in India we have appellate system: meaning that a person can appeal to a higher court if they believe that the judgment passed by the lower court is not just.
Q.3. “In India we have an integrated judicial system”. Explain the statement.
Ans. In India, we have an integrated judicial system. This means:
(a) The decisions made by higher courts are binding on the lower courts.
(b) A person can appeal to a higher court if he/she feels that the judgment passed by the lower court is not just.
OBJECTIVE TYPE QUESTIONS
I. Multiple Choice Questions
Tick (✔) the correct answer option
1. Where is the High Court of seven north-eastern states located?
Ans. (a) Guwahati.
2. How many High Courts are currently there in India?
Ans. (c) 21
3. An appeal against a naya Panchayat’s decision can be made in:
(a) a Civil Judge’s Court.
(b) a District Judge’s Court.
(c) a High Court.
(d) none of the above.
Ans. (d) none of the above.
4. What is the full form of PIL?
(a) Private Interest Litigation.
(b) Public Interest Litigation.
(c) Public Interest Legislative.
(d) Public Interest Law.
Ans. (b) Public Interest Litigation.
5. When was civil law passed to protect women against domestic violence?
Ans. (b) 2005
6. Which two states share a common High Court?
(a) Maharashtra and Gujarat.
(b) Punjab and Haryana.
(c) Uttar Pradesh and Haryana.
(d) Punjab and Madhya Pradesh.
Ans. (b) Punjab and Haryana.
7. When did the High Court of Delhi came up?
(d) 19 70
Ans. (c) 1966
II. Fill in the blanks:
(i) In order to make the judiciary independent various constitutional _____________ have been made.
(ii) The Supreme Court of India is the ____________ court of India.
(iii) The Supreme Courts acts as the Court of _____________ also.
(iv) A ______________ majority has to be obtained from both the houses for removal of the judges.
(v) Judiciary administers justice according to _______________.
(vi) An important function of the Judiciary to uphold the law and enforce the _____________ rights.
PICTURE BASED QUESTIONS
A. Look at the given picture and answer the questions that follows:
1. What does the above picture show?
Ans. The Supreme Court of India.
2. When was it established?
Ans. It was established on 26 January 1950.
3. Where was it earlier (before 1958) located?
Ans. It was earlier located in the Chamber of Princes in the Parliament House.
4. When did it move to its present building?
Ans. It moves to its present building an Mathura Road in New Delhi in 1958.
B. Look at the picture given below and answer the questions that follows:
1. What does the given photo show?
Ans. The given photo shows the family members of some of the 43 Muslims of Hashimpura, Meerut, killed on 22 May 1987.
2. Why did the Supreme Court transfer the case from the state of Uttar Pradesh to Delhi?
Ans. The Supreme Court transferred the case from the state of Uttar Pradesh to Delhi because of long delay in the commencement of trial.