Quick Revision Notes: Class 8 Social Science (Civics)

Chapter: Judiciary

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1. Introduction to the Judiciary

• Judiciary (न्यायपालिका): The branch of government responsible for administering justice, interpreting laws, and resolving disputes. It is the third organ of the government (along with the Legislature and the Executive).
• Rule of Law (कानून का शासन): The fundamental principle that all laws apply equally to all citizens of the country and no one is above the law.

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2. Role / Functions of the Judiciary

The work of the judiciary can be divided into the following categories:

• Dispute Resolution (विवादों का समाधान): Resolving disputes between citizens, between citizens and the government, between two state governments, and between the center and state governments.
• Judicial Review (न्यायिक समीक्षा): The power of the Supreme Court to strike down laws passed by the Parliament if it believes they violate the basic structure of the Constitution.
• Upholding the Law and Enforcing Fundamental Rights (कानून की रक्षा और मौलिक अधिकारों का प्रवर्तन): Every citizen of India can approach the Supreme Court or High Court if they believe their Fundamental Rights have been violated.

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3. Structure of the Indian Judiciary

India has a single, integrated judicial system, meaning the decisions made by the higher courts are binding on the lower courts. It operates on a hierarchical structure:

1. Supreme Court (सर्वोच्च न्यायालय): Located in New Delhi, headed by the Chief Justice of India (CJI). Its decisions are binding on all courts in India.
2. High Courts (उच्च न्यायालय): The highest judicial body at the state level. (Some states share a High Court, e.g., Punjab and Haryana).
3. Subordinate / District Courts (अधीनस्थ / जिला अदालतें): Courts at the district and tehsil levels that deal with the majority of cases in the country.

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4. Independence of the Judiciary

An independent judiciary is crucial for a democracy so that it can function without fear or pressure from the Legislature or the Executive.

• Separation of Powers: The other branches of government (Legislature and Executive) cannot interfere in the work of the judiciary.
• Security of Tenure: Judges once appointed cannot easily be removed, ensuring they can deliver judgments impartially.

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5. Types of Legal Cases in India

Indian law is broadly divided into two categories:

Feature	Civil Law (दीवानी कानून)	Criminal Law (फौजदारी कानून)
Nature of Cases	Deals with disputes relating to land, money, property, marriage, rent, etc.	Deals with conduct or acts that the law defines as offenses (e.g., theft, murder, assault).
Initiation	A petition has to be filed by the affected party before the relevant court.	First, an First Information Report (FIR) is registered at the police station, after which the police investigate.
Punishment	Specific relief or compensation is given to the affected party.	If found guilty, the accused can be sent to jail and/or fined.

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6. Public Interest Litigation (PIL)

• PIL (जनहित याचिका): Introduced by the Supreme Court in the early 1980s.
• It allows any individual or organization to file a case in the High Court or Supreme Court on behalf of those whose rights are being violated, making justice more accessible to the poor and marginalized.

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7. Key Terms & Definitions

• Acquittal (दोषमुक्ति): When the court declares that the accused person is not guilty of the crime they were charged with.
• Appeal (अपील): A formal request to a higher court to review and change the decision of a lower court.
• Detention (हिरासत): Being kept in police custody or confinement, often illegally or without formal charges in certain contexts.
• Impeachment (महाभियोग): A process of removal of a judge from office by the Parliament for proven misbehavior or incapacity.