This chapter elucidates five distinct aspects of the judiciary. Students will gain an understanding of why the independence of the judiciary is crucial for its effective functioning. Various examples of decision-making processes are employed to illustrate these concepts. To facilitate exam preparation, we have furnished the NCERT Solutions for Class 8 Social Science Civics Chapter 4 Judiciary, encompassing the answers to the exercise questions. By referring to these solutions, students can enhance their chances of scoring well in the examination.
1. You read that one of the main functions of the judiciary is ‘upholding the law and Enforcing Fundamental Rights’. Why do you think an independent judiciary is necessary to carry out this important function?
Ans. An independent judiciary plays a crucial role in upholding the law and enforcing Fundamental Rights. Its primary objective is to safeguard the judicial process from external influences and ensure comprehensive legal protection for individuals seeking justice through the courts.
Any individual who believes that their rights have been violated has the right to approach the courts. If any law enacted by the Parliament is found to infringe upon someone’s Fundamental Rights, the judiciary possesses the authority to declare such a law invalid and without effect.
2. 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?
Ans. The Right to Constitutional Remedies is closely linked to the concept of judicial review as it serves to protect an individual’s rights against the actions of the State legislature or executive. It enables citizens to approach the court if they believe that their fundamental rights are being violated by the State administration. Judicial review involves assessing legislative or executive actions and declaring them invalid if they are found to violate fundamental rights. Hence, judicial review and the Right to Constitutional Remedies are interconnected because judicial review is employed when any fundamental right is violated by the State. In such cases, a higher court has the authority to overturn the judgments of a lower court after conducting its own examination.
3. In the following illustration, fill in each tier with the judgments given by the various courts in the Sudha Goel case.
Check your responses with others in the class.
Ans. Supreme Court: Laxman and Shakuntala were given life imprisonment, while Subhash Chandra was acquitted for lack of sufficient evidence.
High Court: Laxman, Shakuntala, and Subhash Chandra were acquitted.
Lower Court: Laxman, his mother Shakuntala, and his brother-in-law Subhash Chandra were sentenced to death.
4. Keeping the Sudha Goel case in mind, tick the sentences that are true and correct the ones that are false.
(a) The accused took the case to the High Court because they were unhappy with the decision of the Trial Court.
(b) They went to the High Court after the Supreme Court had given its decision.
(c) If they do not like the Supreme Court verdict, the accused can go back again to the Trial Court.
Ans.
(a) True
(b) False
Correct: They went to High Court after the Trial Court had given its decision.
(c) False
Correct: If they do not like the Supreme Court verdict, the accused cannot go back again to the Trial Court. It is because the Supreme Court is the highest court in the judiciary pyramid.
5. Why do you think the introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring access to justice for all?
Ans. In the early 1980s, the Supreme Court introduced a mechanism known as Public Interest Litigation (PIL) to enhance access to justice. PIL allowed any individual or organization to file a case in the High Court or the Supreme Court on behalf of those whose rights were violated. The legal process was simplified to a great extent, enabling even a letter or telegram addressed to the Supreme Court or the High Court to be treated as a PIL. In its initial years, PIL played a vital role in securing justice on various issues, such as rescuing bonded laborers from inhumane working conditions. One notable example was the release of prisoners in Bihar who had been unlawfully kept in jail beyond their completed punishment terms.
Therefore, the introduction of Public Interest Litigation is a significant stride toward ensuring access to justice for all.
6. 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.
Ans. In the case of Olga Tellis vs Bombay Municipal Corporation, the judges established that the Right to Livelihood was an integral component of the Right to Life. They emphasized that life encompasses more than mere existence, as it cannot be lived without means of earning a livelihood. In this specific case, individuals were living in poverty-stricken slums, relying on small jobs as their primary source of income. Eviction from their slum dwellings would result in the deprivation of their means of livelihood, ultimately leading to a deprivation of life itself. It was through this connection that the judges linked the right to life with the fundamental necessities of livelihood, including food, clothing, and shelter.
7. Write a story around the theme, ‘Justice delayed is justice denied’.
Ans. Do it Yourself.
8. Make sentences with each of the glossary words given on the next page.
Ans. Acquit: The court acquitted the defendant of all charges due to lack of evidence.
To Appeal: The convicted person decided to appeal the court’s decision in order to seek a fair judgment.
Compensation: The company provided compensation to the injured worker for the accident that occurred at the workplace.
Eviction: The landlord issued an eviction notice to the tenants for not paying their rent for several months.
Violation: The students were given detention for their violation of the school’s dress code policy.