Judiciary
Welcome to HSLC Guru! In this article, we present complete notes and question answers for Class 8 Social Science Political Science Chapter 5 — Judiciary, prepared strictly according to the ASSEB (Assam State School Education Board) syllabus. The judiciary is one of the three pillars of Indian democracy, and this chapter helps students understand how courts function, how disputes are resolved, and how justice is delivered to every citizen of India. Read the chapter summary, textbook questions and answers, additional MCQs, fill-in-the-blanks, true/false items and the glossary to prepare confidently for your examination.
Chapter Summary
The judiciary is the system of courts that interprets and applies the laws of a country. It is an independent organ of the government, separate from the legislature (which makes laws) and the executive (which implements laws). The main role of the judiciary is to resolve disputes between citizens, between citizens and the government, and between two state governments or between the centre and the states. It also performs the role of judicial review, which means examining whether laws made by the legislature and actions taken by the executive are in accordance with the Constitution. If any law violates the Constitution, the courts have the power to declare it invalid. In addition, the judiciary acts as the protector of Fundamental Rights and upholds the rule of law.
India has an integrated judicial system, which means the same set of courts administers both Union laws and State laws. At the top of the hierarchy is the Supreme Court, located in New Delhi, headed by the Chief Justice of India along with 33 other judges. Below the Supreme Court are the High Courts, with one High Court for each state or for a group of states/Union Territories. Below the High Courts are the district courts and subordinate courts, which work at the district and local levels. Decisions of the Supreme Court are binding on all other courts in India. This integrated structure ensures uniformity of justice throughout the country.
An independent judiciary is essential for democracy. Independence is ensured through the separation of powers — the judiciary is kept separate from the legislature and the executive — and through security of tenure for judges, who cannot be easily removed from office. Judges are also protected from political pressure and their salaries cannot be reduced during their term. The Indian judiciary follows an appeals system: a person dissatisfied with the decision of a lower court can appeal to a higher court. Cases can move from a district court to the High Court and then to the Supreme Court.
To make justice accessible to all, especially the poor and disadvantaged, the Supreme Court introduced the concept of Public Interest Litigation (PIL) in the early 1980s. Through PIL, any citizen or organisation can approach the court on behalf of those whose rights are being violated. The famous Hussainara Khatoon case brought attention to the inhuman condition of undertrial prisoners in Bihar jails and led to the release of thousands of prisoners. Indian law is broadly divided into two branches — civil law, which deals with disputes between individuals (such as property, marriage, divorce, money matters), and criminal law, which deals with offences against society like theft, murder and assault. Civil cases begin with a petition by the affected party, while criminal cases usually begin with the filing of a First Information Report (FIR) with the police.
Textbook Questions and Answers
A. Very Short Answer Type Questions (1 mark)
Q1. What is the judiciary?
Answer: The judiciary is the system of courts that interprets and applies the law and resolves disputes in a country.
Q2. Where is the Supreme Court of India located?
Answer: The Supreme Court of India is located in New Delhi, the capital of India.
Q3. Who is the head of the Supreme Court of India?
Answer: The Chief Justice of India (CJI) is the head of the Supreme Court of India.
Q4. How many judges are there in the Supreme Court of India apart from the Chief Justice?
Answer: Apart from the Chief Justice, there are 33 other judges in the Supreme Court of India.
Q5. What is the highest court in a state called?
Answer: The highest court in a state is called the High Court.
Q6. Name the two main branches of Indian law.
Answer: The two main branches of Indian law are civil law and criminal law.
Q7. What is the full form of PIL?
Answer: The full form of PIL is Public Interest Litigation.
Q8. Which famous case led to the release of thousands of undertrial prisoners in Bihar?
Answer: The Hussainara Khatoon case led to the release of thousands of undertrial prisoners in Bihar.
Q9. What is judicial review?
Answer: Judicial review is the power of the courts to examine whether laws and government actions are in accordance with the Constitution.
Q10. What is meant by an integrated judicial system?
Answer: An integrated judicial system means a single hierarchy of courts that administers both Union laws and State laws throughout the country.
B. Short Answer Type Questions (2-3 marks)
Q1. What are the main functions of the judiciary?
Answer: The main functions of the judiciary are:
- Dispute Resolution: The judiciary settles disputes between citizens, between citizens and the government, and between governments.
- Judicial Review: It reviews laws made by the legislature and actions of the executive to ensure they are constitutional.
- Upholding the Law and Fundamental Rights: The judiciary protects the Constitution, enforces the rule of law and safeguards the Fundamental Rights of citizens.
Q2. Explain the structure of the Indian judicial system.
Answer: The Indian judicial system has a three-tier structure. At the top is the Supreme Court in New Delhi, headed by the Chief Justice of India and 33 other judges. Below it are the High Courts, with one High Court for each state or a group of states and Union Territories. At the lowest level are the district courts and subordinate courts, which deal with cases at the district and local levels. All these courts together form an integrated system.
Q3. Why is an independent judiciary important in a democracy?
Answer: An independent judiciary is important in a democracy because it ensures that justice is delivered fairly without any pressure from the legislature or the executive. It protects the Fundamental Rights of citizens, prevents misuse of power, upholds the Constitution and maintains the rule of law. Without an independent judiciary, citizens would not be able to seek justice freely.
Q4. What is the appeals system in the Indian judiciary?
Answer: The appeals system allows a person who is unhappy with the decision of a lower court to approach a higher court for a review of the case. In India, an appeal can move from the district court to the High Court, and from the High Court to the Supreme Court. This system ensures that mistakes can be corrected and justice is delivered properly.
Q5. What is the difference between civil law and criminal law?
Answer: Civil law deals with disputes between individuals or organisations regarding matters such as property, marriage, divorce, contracts and money. A civil case is started by the affected person filing a petition in the court. Criminal law deals with offences against society such as theft, murder, assault and robbery. A criminal case usually begins with the filing of a First Information Report (FIR) at the police station, after which the state takes the offender to court.
Q6. What is Public Interest Litigation (PIL)?
Answer: Public Interest Litigation (PIL) is a legal action started in a court for the protection of public interest. It was introduced by the Supreme Court in the early 1980s to allow any citizen or social organisation to approach the court on behalf of people whose rights are being violated. PIL has helped poor and disadvantaged groups access justice without expensive legal procedures.
C. Long Answer Type Questions (5-6 marks)
Q1. Describe the role of the judiciary in India.
Answer: The judiciary plays a vital role in maintaining democracy and the rule of law in India. Its main roles are described below:
- Dispute Resolution: The judiciary resolves disputes between citizens, between citizens and the government, and between two state governments or between the centre and the states. It ensures peaceful settlement of conflicts.
- Judicial Review: The courts have the power to examine laws passed by Parliament and State Legislatures and actions taken by the executive. If they violate the Constitution, the courts can declare them invalid.
- Upholding the Law: The judiciary upholds the Constitution and ensures that everyone — including government officials — follows the law.
- Protector of Fundamental Rights: Whenever a citizen’s Fundamental Rights are violated, he/she can approach the Supreme Court or High Courts for protection.
- Interpretation of Laws: The courts interpret the meaning of laws and the Constitution when there is any doubt or dispute.
Q2. Explain in detail the structure of courts in India.
Answer: India has an integrated judicial system with three levels of courts:
- The Supreme Court: It is the highest court of the country, located in New Delhi. It is headed by the Chief Justice of India along with 33 other judges. Its decisions are binding on all other courts. It hears appeals from High Courts and also takes up matters concerning the Constitution and Fundamental Rights.
- High Courts: Each state has a High Court, although some states share a common High Court (for example, the Gauhati High Court serves Assam, Nagaland, Mizoram and Arunachal Pradesh). High Courts hear appeals from lower courts and also have original jurisdiction in certain matters.
- District and Subordinate Courts: These courts function at the district and local levels and handle most civil and criminal cases. They are presided over by district judges, sessions judges and magistrates.
Together these courts form an integrated system that delivers justice across the country.
Q3. How is the independence of the Indian judiciary ensured?
Answer: The independence of the Indian judiciary is ensured through several constitutional provisions:
- Separation of Powers: The judiciary is kept separate from the legislature and the executive so that it can work without political interference.
- Security of Tenure: Judges of the Supreme Court and High Courts cannot be easily removed from their posts. They can be removed only through a difficult process of impeachment by Parliament.
- Fixed Salaries: The salaries and allowances of judges are fixed and cannot be reduced during their term except in case of financial emergency.
- Appointment of Judges: Judges are appointed through a transparent process involving consultation among senior judges.
- No Discussion in Legislature: The conduct of judges cannot be discussed in Parliament or State Legislatures except during impeachment.
These features make sure that judges can deliver justice fairly and fearlessly.
Q4. What is Public Interest Litigation? Explain its importance with the help of the Hussainara Khatoon case.
Answer: Public Interest Litigation (PIL) is a legal action filed in a court of law for the protection of “public interest” such as the rights of poor people, environmental issues, or any matter that affects the general public. It was introduced by the Supreme Court of India in the early 1980s to make justice accessible to all.
Earlier, only the person whose rights were violated could approach the court. Through PIL, any citizen or social organisation can file a case on behalf of those whose rights are being violated. PILs can be filed even by writing a letter to the judges.
The Hussainara Khatoon case (1979) is one of the earliest and most important PIL cases. It exposed the inhuman conditions of undertrial prisoners in Bihar who were kept in jail for years — even longer than the maximum punishment for the offences they were accused of — without their cases being heard. The Supreme Court ordered the immediate release of thousands of such undertrial prisoners and laid down the right to a speedy trial as part of the Right to Life under Article 21. This case showed how PIL can deliver justice to the most disadvantaged sections of society.
Q5. Distinguish between civil law and criminal law with examples.
Answer: Civil law and criminal law are the two main branches of Indian law. The differences are shown below:
| Basis | Civil Law | Criminal Law |
|---|---|---|
| Meaning | Deals with disputes between individuals or organisations. | Deals with offences against society and the state. |
| Examples | Property disputes, divorce, money recovery, contract issues. | Theft, murder, robbery, assault, kidnapping. |
| How it begins | By filing a petition by the affected party. | By filing an FIR at the police station, followed by state action. |
| Outcome | Compensation or specific relief is given to the affected party. | The guilty person is punished with fine, imprisonment or both. |
| Parties | Plaintiff (one who files) and defendant. | State (prosecution) versus the accused. |
Additional Multiple Choice Questions (MCQs)
Q1. The Supreme Court of India is located in:
(a) Mumbai (b) Kolkata (c) New Delhi (d) Chennai
Answer: (c) New Delhi
Q2. The head of the Supreme Court of India is called the:
(a) President (b) Chief Justice of India (c) Attorney General (d) Speaker
Answer: (b) Chief Justice of India
Q3. Apart from the Chief Justice, the Supreme Court has:
(a) 25 judges (b) 30 judges (c) 33 judges (d) 40 judges
Answer: (c) 33 judges
Q4. The highest court of a state is:
(a) District Court (b) Sessions Court (c) High Court (d) Supreme Court
Answer: (c) High Court
Q5. Public Interest Litigation was introduced in India in the:
(a) 1950s (b) 1970s (c) 1980s (d) 2000s
Answer: (c) 1980s
Q6. The Hussainara Khatoon case is related to:
(a) Right to Education (b) Undertrial prisoners (c) Environment (d) Property rights
Answer: (b) Undertrial prisoners
Q7. A case of theft falls under:
(a) Civil law (b) Criminal law (c) Constitutional law (d) Tax law
Answer: (b) Criminal law
Q8. A divorce case is an example of:
(a) Criminal case (b) Civil case (c) PIL (d) None of these
Answer: (b) Civil case
Q9. The power of the courts to examine laws and government actions is called:
(a) Judicial review (b) Veto power (c) Ordinance (d) Impeachment
Answer: (a) Judicial review
Q10. The Indian judicial system is:
(a) Dual (b) Integrated (c) Federal only (d) State only
Answer: (b) Integrated
Fill in the Blanks
Q1. The Supreme Court of India is located in __________.
Answer: New Delhi
Q2. The head of the Supreme Court is the __________ of India.
Answer: Chief Justice
Q3. India has an __________ judicial system.
Answer: integrated
Q4. __________ Litigation allows any citizen to approach the court on behalf of others.
Answer: Public Interest
Q5. Cases of murder and theft come under __________ law.
Answer: criminal
True or False
Q1. The Supreme Court is located in Mumbai.
Answer: False
Q2. Judicial review is the power of the courts to examine the constitutionality of laws.
Answer: True
Q3. Civil law deals with offences like murder and theft.
Answer: False
Q4. The Hussainara Khatoon case is associated with undertrial prisoners.
Answer: True
Q5. Decisions of the Supreme Court are binding on all other courts in India.
Answer: True
Glossary
| Term | Meaning |
|---|---|
| Judiciary | The system of courts that interprets and applies the law. |
| Supreme Court | The highest court of India, located in New Delhi. |
| High Court | The highest court of a state or group of states/UTs. |
| District Court | A court that works at the district level dealing with civil and criminal matters. |
| Chief Justice of India | The senior-most judge and head of the Supreme Court of India. |
| Judicial Review | The power of the courts to examine whether laws and actions are constitutional. |
| Integrated Judicial System | A single hierarchy of courts that handles both Union and State laws. |
| Separation of Powers | Division of government functions among the legislature, executive and judiciary. |
| Independent Judiciary | A judiciary free from interference by the legislature and the executive. |
| Security of Tenure | Protection given to judges so that they cannot be easily removed from office. |
| Appeal | A request to a higher court to review the decision of a lower court. |
| Public Interest Litigation (PIL) | A legal action filed in court for the protection of public interest, especially of the poor. |
| Hussainara Khatoon Case | Landmark PIL case (1979) that led to the release of thousands of undertrial prisoners in Bihar. |
| Civil Law | Branch of law dealing with disputes between individuals over property, money, marriage, etc. |
| Criminal Law | Branch of law dealing with offences against society such as theft, murder and assault. |
| FIR | First Information Report — the first complaint filed at a police station for a criminal offence. |
| Fundamental Rights | Basic rights guaranteed to citizens by the Indian Constitution. |
| Rule of Law | The principle that all persons and institutions are equally subject to the law. |