The Judiciary

1. Describe the functions performed by the Judiciary in India.

Or
2. Describe the role of Indian Judiciary.

The Judiciary in India performs the following functions:

 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. For example, the case of Hakim
Sheikh.

3. What do you understand by the Independence of the Judiciary? Describe

the conditions needed to ensure the independence of the Judiciary India.

As an organ of the State, the judiciary plays a crucial role in the functioning of
India’s democracy. It can play this role only because it is independent of
legislative and executive control. This is referred to as the independence of
the judiciary.
It allows the courts to play a central role in ensuring that there is no misuse of
power by the legislature and the executive. It also plays a crucial role in
protecting the Fundamental Rights of citizens.
The conditions needed for ensuring independence of judiciary are as follows:
 One aspect of this independence is the ‘separation of powers
 For the above separation to work well, it is also crucial that all judges in
the High Court as well as the Supreme Court are appointed with very little
interference from these other branches of government.
 Once appointed to this office, it is also very difficult to remove a judge.

4. Describe the structure of Judiciary in India.

There are three different levels of courts in India. 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 and 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.

5. ‘All citizens of India can access the courts in this country.’ – How far is this
statement true?

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.
  Legal procedures involve a lot of money and paperwork as well as take up
a lot of time. For a poor person who cannot read and whose family
depends on a daily wage, the idea of going to court to get justice often
seems remote.
 Another issue that affects the common person’s access to justice is the
inordinately long number of years that courts take to hear a case.

6. What is PIL? Why do we need PIL?

 PIL Stands for Public Interest Litigation. Judiciary in India allowed any
individual or organisation to file a PIL in the High Court or the Supreme
Court on behalf of those whose rights were being violated. The legal
process was greatly simplified and even a letter or telegram addressed to
the Supreme Court or the High Court could be treated as a PIL.
 In India while the courts are available for all, in reality access to courts
has always been difficult for a vast majority of the poor. In response to
this, the Supreme Court in the early 1980s devised a mechanism of Public
Interest Litigation or PIL to increase access to justice.
7. ‘justice delayed is justice denied’ – What is meant by this statement?

 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.
 One issue that affects the common person’s access to justice is the
inordinately long number of years that courts take to hear a case.
 The phrase ‘justice delayed is justice denied’ is often used to
characterise this extended time period that courts take.

(Q.)What is an FIR?
FIR is a written document prepared by the police when they receive information
about the commission of the cognizable offence. Serious crimes like theft,
murder, rape are cognizable offences, where a police can arrest a person without
warrant. Anyone can report the concerned authority (police) about such an
offence either orally or in writing to the police. Even a telephonic message can be
treated as an FIR.
(Q.)How can the judicial independence be ensured?
The judicial independence can be ensured if:-
a) The judge’s salary is not dependent on the executive decision.
b) The conditions of service are secured and not to be varied at the whim of
the Executives.
c) A retired judge of the Supreme Court cannot plead any case in any court in
India.
Q.)What are the functions of the High Court?
The functions of the High Court are as follows:
1. It hears appeal from the lower courts
2. It can issue writs for restoring Fundamental Rights.
3. It can deal with cases within the jurisdiction of the state.
4. It exercises superintendence and control over the courts below it.

(Q.)What is an integrated judicial system?

Integrated judicial system means, the decisions made by higher courts are
binding on the lower Courts. It administers both the Union and State laws. At the
apex of the entire judicial system, exists the Supreme Court of India below which
is the High Courts in each State or group of States. Appellate judicial system that
exists in India shows that the judicial system in India is integrated. A person can
appeal to a higher court if he believes that the judgment passed by the lower
court is not just.
Supreme Court came into being on 28 January, 1950. Due to the
separation of powers it acts as an independent body. Why do you think
that its independence is must?
Independence of Judiciary is one of the most important attributes of rule of law
and is indispensable to sustain democracy. Independence and integrity of the
judiciary in a democratic system of government is of the highest importance and
interest not only to the judges but also to the people at large who seek judicial
redress against perceived legal injury or executive excess. The need for
independent and impartial judiciary is the command of the Constitution and call of
the people.
"Supreme Court is a Court of Record" what does the statement imply?
The Supreme Court is a Court of Records. It has two implications: -
First, All its decisions and judgments are recorded for evidence and testimony.
They are not to be questioned when they are produced before any court. They
have the force of law and are binding on all lower Courts, even the High Courts.
Second, It has the power to punish for contempt of itself.
Q.)How the police decide which cases they should investigate and which
they shouldn’t?
The police do not investigate all the complaints that people put before them. The
police don’t have to investigate a case even if the FIR is filled. If:-
• The case is not serious in nature
• They feel that there aren’t enough grounds for investigation.
The police must record the reasons why they are not beginning an investigation.
However, if there is not enough grounds for investigation then they must inform
the concerned person.
Q.)Write a short note on Article 21 of the Indian constitution.
Article 21 is one of the fundamental rights guaranteed by Part III of the Indian
constitution in. Protection of Life and Personal Liberty is the main objective of this
article. The article reads that “No person shall be deprived of his life or personal
liberty except according to procedure established by law”. This article has been
interpreted by the Courts various times. The apex court has widened the scope of
article 21 and has provided with the rights article 21 embraces within itself. They
are:- The right to go abroad, right to privacy, right to shelter, right to livelihood,
right against solitary confinement etc.

Q.)Give any three criticism of Public Interest Litigation.

(a) It has opened up the floodgates for frivolous cases that either involve the
litigants’ private interests or are vehicles for gaining publicity rather than
seeking justice for disadvantaged groups.
(b) It is said that by entertaining violation of fundamental rights through a
letter, the court will be flooded with litigation resulting in delay in deciding
many other important cases.
(c) It is pointed out that interference by the courts through PIL in the sphere
of executive and legislature is not justified as it is likely to cause conflict
between the three organs of the government.
(Q.)What are the functions of the District Courts?
The functions of District Courts are as follows:
1. It deals with cases arising within the districts.
2. It hears the civil disputes pertaining to land and properties and pass judgments
over them.
3. It contributes a greater part in maintaining peace in the district.
(Q.)PIL has become a significant step in ensuring justice for all. Discuss.
The introduction of Public Interest Litigation (PIL) by the Supreme Court in early
1980s allowed any individual or organization to file their case simply through a
letter or telegram addressed to the Supreme Court or the High Court without
spending money. In the early years, PIL was used to secure justice on a large
number of issues such as rescuing bonded labourers from inhuman work
conditions and securing the release of prisoners in Bihar who had been kept in jail
even after their punishment term was complete. Hence, PIL has become a
significant step in ensuring justice for all.
CBSE Class 8 Solved MCQs on
Judiciary, Political Science(LEARN FOR
OBJECTIVES)

1. Law apply equally to all ___ a. Animals b. Ministers c. M.L.A’s

d. Persons Ans : (a)
2. We have judicial system to :- a. To provide freedom b. To
provide food c. To enforce the rule law d. None of these Ans : (c)
3. Judiciary system provide mechanism for resolving
disputes between ______ a. Citizens b. Citizens & government c.
Two state government d. All of these Ans : (d)
4. Article 21 includes :- a. Right against Exploration b. Right to
speech c. Right to health d. Right to worship Ans : (c)
5. The Supreme court was established on :- a. 1950 b. 1949 c,
1962 d. 1980 Ans : (a)
6. When India did become Republic? a. 1947 b. 1950 c. 1965 d.
1976 Ans : (b)
7. How many courts are there at apex level? a. Three b. Two c.
None d. One Ans : (d)
8. How many levels of court are there in India? a. Three b.
Two c. None d. One Ans : (d)
9. Which court is at apex level? a. High court b. District court c.
lower court d. Supreme Court Ans : (d)
10. Each state districts is presided over by :- a. Subordinate b.
District court c. Judiciary d. None of these Ans : (b)
11. Each state has ______ a. Judiciary b. Supreme Court c. High
court d. All of these Ans : (c)
12. Supreme court is located at :- a. Chandigarh b. J & K c.
Punjab d. New Delhi Ans : (d)
13. Who presided the Supreme Court? a. Subordinate b. District
court c. Chief justice d. All of these Ans : (c)
14. In which year High Courts was first established? a. 1862
b. 1860 c. 1972 d. 1980 Ans : (a)
15. High Courts were first established in which of the three
presidency cities? a. Punjab, Chandigarh, Madras b. J & K, U. P.,
Haryana c. Madras, Tamil naidu, Punjab d. Calcutta, Bombay &
Madras Ans : (d)
16. The High Court of Delhi came up in ________ a. 1862 b.
1860 c. 1972 d. 1966 Ans : (d)
17. How many High Courts are there in India? a. 18 b. 27 c. 17
d. 21 Ans : (d)
18. Which state shares the same High Court? a. Haryana &
Chandigarh b. Punjab & Haryana c. Both (a) & (b) d. None of these
Ans : (b)
19. Integrated judicial system is :- a. Lower courts are not bind
to obey the supreme courts decision b. Decisions of the high courts
are bonded by lower courts c. Both (a) & (b) d. None of these Ans :
(b)
20. Criminal law include :- a. Theft b. Harassing a women c.
Murder d. All of these Ans : (d)
21. FIR means :- a. First information report b. Final information
Result c. First Incident report d. None of these Ans : (a)
22. Civil law include :- a. Disputes related to sale of land b.
Disputes related to purchase of good c. Both (a) & (b) d. None of
these Ans : (c)
23. ‘A group of girl is harassed by a group of boys’ is comes
under :- a. Civil Law b. Social law c. Economical law d. Criminal law
Ans : (d)
24. A tenant who is being formed to move out fills a case in
courts against the landlord :- a. Civil Law b. Social law c.
Economical law d. Criminal law Ans : (a)
25. A mechanism of PIL was devised in :- a. 1980 b. 1996 c.
2000 d. 2004 Ans : (a)
26. ‘To increase to justice’ supreme Court devised :- a. FIR b.
PIL c. Both (a) & (b) d. None of these Ans : (b)
27. Mid day meal given in government aided schools because
of: - a. Supreme Court b. FIR c. PIL d. All of these Ans : (c)
28. For common people access to court is :- a. Access to justice
b. Access to help c. Access to equality d. None of these Ans : (a)
29. ”Right to food ” is included in :- a. Act 26 b. Act 46 c. Act 21
d. Act 76 Ans : (c)
30. ” Right to livelihood ” is a part of :- a. Right of equality b.
Right to freedom c. Right to life d. All of these Ans : (c)
31. Who was the chief justice of India in November 2007 :- a.
K.G. Bala Krishna b. Dr. Ambedkar c. Krish murti d. None of these
Ans : (a)
32. Supreme court has :- a. 25 judges b. 26 judges c. 20 judges
d. 18 judges Ans : (b)
33. Sanctioned strength of judges in High courts are :- a. 10
b. 54 c. 34 d. 25 Ans : (d)
34. How many fundamental rights are there in constitution :-
a. Six b. Seven c. Two d. Ten Ans : (a)
35. ” Right to protect” comes under the right to :- a. Act 26 b.
Act 46 c. Act 21 d. Act 76 Ans : (c)
36. Acquaint means :- a. Imprisonment given to victim b. Person
feels no guilty of the crime c. Both (a) & (b) d. None of these Ans :
(b)
37. Compensation means :- a. Money given to make amend for
an injury b. Punishment given to make amend for an injury c. Both
(a) & (b) d. None of these Ans : (a)
38. Violation is _______ a. Act of breaking law b. Act of
infringement of fundamental right c. Both (a) & (b) d. None of these
Ans : (b)
39. The chief justice of India is appointed by :- a. Prime
minister b. Ministers of council c. Members of parliament d.
President Ans : (d)
40. Work done by the courts in the country is known as :- a.
A glance at newspaper b. Through news channels c. Through media
d. All of these Ans : (a)
41. In India there is a rule of _______ a. Person b. Prime
minister c. President d. Law Ans : (d)
42. Judiciary plays a crucial role because it is :- a.
Independent b. Dependent c. Both (a) & (b) d. None of these Ans :
(a)
43. Name the agricultural labourer who fell from a running
train? a. Dr. Rajender parsad b. Hakkim Sheikh c. Shehk
Mohammad d. None of these Ans : (a)
44. Dispute between centre & state comes under :- a. High
court b. Lok Adalat c. District court d. Supreme Court Ans : (b)
45. Dispute between two citizens :- a. High court b. Lok Adalat
c. District court d. Supreme Court Ans : (a)
46. Fundamental rights are :- a. Written in constitution b.
Verbally given by government c. Both (a) & (b) d. None of these
Ans : (a)
47. Fill the structure of court :-a. High court b. Lok Adalat c.
District court d. Supreme Court Ans : (d)
48. Dispute between two states :- a. High court b. Lok Adalat c.
District court d. Supreme Court Ans : (d)
49. Right to food include :- a. All people should get food b. No
one goes to sleep hungry c. Both (a) & (b) d. None of these Ans :
(c)
50. Is president is a part of parliament? a. Yes b. No c. May be
d. cannot say Ans : (a)