Judiciary Class 8 Civics Extra Questions and Answers
Judiciary Class 8 Civics Extra Questions and Answers
1. What is the Judiciary?
Answer: The Judiciary is the branch of government responsible for interpreting and applying the laws of the country.
2. What is the role of the Judiciary in a democracy?
Answer: The Judiciary ensures that laws are applied fairly, resolves disputes, protects individual rights, and upholds the rule of law.
3. Who appoints judges to the Supreme Court and High Courts in India?
Answer: Judges to the Supreme Court are appointed by the President of India, while judges to High Courts are appointed by the President in consultation with the Chief Justice of India and the Governor of the concerned state.
4. What is the hierarchy of courts in India?
Answer: The hierarchy of courts in India consists of the Supreme Court at the top, followed by High Courts at the state level, and subordinate courts such as District Courts and Sessions Courts at the district level.
5. What is the significance of the independence of the Judiciary?
Answer: The independence of the Judiciary ensures that judges can make decisions impartially, free from interference or influence from other branches of government or external pressures.
6. What is the function of the Supreme Court of India?
Answer: The Supreme Court of India is the highest court in the country and has the authority to interpret the Constitution, hear appeals from lower courts, and safeguard fundamental rights.
7. What is the difference between civil and criminal cases?
Answer: Civil cases involve disputes between individuals or organizations over rights or obligations, while criminal cases involve offenses against the state and are prosecuted by the state.
8. What is the purpose of the judicial review?
Answer: Judicial review allows the Judiciary to examine the constitutionality of laws passed by the legislature and actions taken by the executive, ensuring that they adhere to the provisions of the Constitution.
9. How are judges removed from office in India?
Answer: Judges can be removed from office through a process of impeachment, which involves a motion passed by a special majority in Parliament on grounds of proven misbehavior or incapacity.
10. What is the role of Public Interest Litigation (PIL) in India?
Answer: Public Interest Litigation (PIL) allows any citizen to approach the courts to seek judicial intervention in matters of public interest, often relating to the enforcement of fundamental rights and the protection of the environment and marginalized groups.
11. Discuss the role of the Judiciary in upholding the rule of law and ensuring justice in a democracy.
Answer: The Judiciary plays a crucial role in upholding the rule of law by interpreting and applying laws impartially, ensuring that they are consistent with the Constitution and fundamental rights. It resolves disputes between individuals, organizations, and the state, thereby ensuring justice and fairness. Through its independence and integrity, the Judiciary safeguards the rights and liberties of citizens, protects them from arbitrary actions by the government, and promotes accountability and transparency in governance.
12. Explain the process of appointment of judges to the Supreme Court and High Courts in India. What factors are considered in their selection?
Answer: Judges to the Supreme Court are appointed by the President of India based on recommendations from a collegium consisting of the Chief Justice of India and senior judges. For High Courts, judges are appointed by the President in consultation with the Chief Justice of India, the Chief Justice of the concerned High Court, and the Governor of the respective state. Factors such as legal acumen, integrity, and judicial temperament are considered in the selection process to ensure the appointment of competent and impartial judges.
13. Describe the hierarchy of courts in India and their respective jurisdictions.
Answer: The hierarchy of courts in India consists of the Supreme Court at the apex, followed by High Courts at the state level, and subordinate courts such as District Courts and Sessions Courts at the district level. The Supreme Court has original jurisdiction over disputes between the Union and states and appellate jurisdiction over decisions of High Courts and other tribunals. High Courts have jurisdiction over their respective states and serve as appellate courts over lower courts.
14. Discuss the significance of the independence of the Judiciary in ensuring the effective functioning of the legal system.
Answer: The independence of the Judiciary is essential for ensuring impartiality, integrity, and accountability in the administration of justice. It allows judges to make decisions based on law and evidence, free from interference or influence from other branches of government or external pressures. Judicial independence fosters public trust and confidence in the legal system, upholds the rule of law, and safeguards fundamental rights and liberties. It also serves as a check on potential abuses of power by the executive and legislative branches.
15. What is the function of the Supreme Court of India, and how does it contribute to the legal system of the country?
Answer: The Supreme Court of India is the highest judicial authority in the country and performs several critical functions. It interprets the Constitution, resolves disputes between the Union and states, hears appeals from High Courts and tribunals, and safeguards fundamental rights. Through its judgments and rulings, the Supreme Court establishes legal precedents, clarifies legal principles, and ensures uniformity and consistency in the application of law across the country.
16. Differentiate between civil and criminal cases. How are they adjudicated in the Indian legal system?
Answer: Civil cases involve disputes between individuals or organizations over rights, obligations, or liabilities, such as property disputes, contract breaches, or family matters. Criminal cases, on the other hand, involve offenses against the state and society, such as theft, murder, or fraud, and are prosecuted by the state. Civil cases are adjudicated based on preponderance of evidence, while criminal cases require proof beyond a reasonable doubt. Both types of cases are adjudicated through trial proceedings in courts, where evidence is presented, arguments are made, and judgments are rendered based on applicable laws and legal principles.
17. What is the significance of judicial review in the Indian legal system? Provide examples of its application.
Answer: Judicial review allows the Judiciary to review the constitutionality and legality of laws, executive actions, and governmental decisions, ensuring that they comply with the provisions of the Constitution and do not violate fundamental rights. For example, in the case of Kesavananda Bharati vs. State of Kerala (1973), the Supreme Court upheld the doctrine of basic structure, affirming its authority to review constitutional amendments. Similarly, in Maneka Gandhi vs. Union of India (1978), the Supreme Court expanded the scope of Article 21, guaranteeing the right to personal liberty and due process of law.
18. Explain the process of impeachment of judges in India. Under what circumstances can judges be removed from office?
Answer: Judges in India can be removed from office through a process of impeachment, which involves charges of proven misbehavior or incapacity. The process begins with a motion for impeachment being presented in either house of Parliament, supported by at least 100 members of Lok Sabha or 50 members of Rajya Sabha. The motion is then referred to a committee for investigation, which submits its findings to the house. If the motion is approved by a special majority of two-thirds of the members present and voting in both houses, the President can remove the judge from office.
19. Discuss the significance of Public Interest Litigation (PIL) in India. How has it contributed to social justice and the protection of fundamental rights?
Answer: Public Interest Litigation (PIL) allows any citizen or group to approach the courts to seek judicial intervention in matters of public interest, particularly those relating to the enforcement of fundamental rights and the protection of the environment and marginalized groups. PIL has played a significant role in promoting social justice, ensuring accountability of public authorities, and safeguarding the rights of vulnerable populations. Through PIL, courts have issued directives and judgments that have led to legislative reforms, policy changes, and improved access to justice for marginalized communities.
20. How does the Judiciary contribute to the protection and promotion of human rights in India? Provide examples of landmark judgments.
Answer: The Judiciary plays a crucial role in protecting and promoting human rights in India by interpreting and applying constitutional provisions, international conventions, and statutory laws. Landmark judgments such as Vishaka vs. State of Rajasthan (1997) and Navtej Singh Johar vs. Union of India (2018) have expanded the scope of fundamental rights, particularly concerning gender equality and LGBTQ+ rights. Through its interventions, the Judiciary has upheld the dignity and rights of individuals, addressed systemic injustices, and advanced the cause of human rights in the country.
21. What is the structure of the judicial system of India?
Or
What is the Structure of Courts in India?
Or
Explain the judiciary system existing in India.
Answer: There are three different levels of courts in our country. There are several courts at the lower level while there is only one at the apex level. The courts that most people interact with are what are called subordinate or district courts. These are usually at the district or Tehsil level or in towns and they hear many kinds of cases. Each state is divided into districts that are presided over by a District Judge. Each state has a High Court which is the highest court of that state. At the top is the Supreme Court that is located in New Delhi and is presided over by the Chief Justice of India. The decisions made by the Supreme Court are binding on all other courts in India.
22. What is the Role of the Judiciary?
Answer: Broadly speaking, the work that the judiciary does can be divided into the following:
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 governments.
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.
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.
23. 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?
Answer: The Right to Constitutional Remedies connects to the idea of judicial review in its capacity of protecting the rights of an individual against the working of the State legislature or executive. The Right to Constitutional Remedies allows citizens to move the court if they think that any of their Fundamental Rights are being violated by the State administration. Judicial review implies invalidation of legislative or executive action if it is seen to violate Fundamental Rights. Hence, the Right to Constitutional Remedies and judicial review are inter-connected because the latter is practiced when a Fundamental Right is violated by the State. In this case, a higher court can repeal the judgments of a lower court based on its own investigation.
24. 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 was part of the Right to Life.
Answer: In Olga Tellis vs. Bombay Municipal Corporation case, the judges said that the Right to Livelihood was part of the Right to Life. They stated that life does not merely imply an animal existence; it cannot be lived without a means of living, that is, “the means of livelihood”. The judges conferred that eviction from a pavement or slum is deprivation of means of livelihood for the poor who cannot afford to live anywhere else. They take up small jobs in surrounding areas and to lose their pavement or slum would lead to loss of a job resulting in loss of a means of livelihood. Consequently, leading to “deprivation of life”. This is how the judges connected Right to Livelihood to the Right to Life.
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