📝 Chapter Notes & Revision
Judiciary
📐 Formula & Cheat Sheet (English)
Quick Revision Notes: Class 8 Social Science (Civics)
Chapter: Judiciary
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.
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.
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:
- 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.
- High Courts (उच्च न्यायालय): The highest judicial body at the state level. (Some states share a High Court, e.g., Punjab and Haryana).
- Subordinate / District Courts (अधीनस्थ / जिला अदालतें): Courts at the district and tehsil levels that deal with the majority of cases in the country.
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.
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. |
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.
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.