NCERT Class 8 Social Science Civics Chapter 5 The Judiciary
Question 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?
Solution:
The independent judiciary is necessary to carry out this function because of the following reasons:
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- The Independent judiciary does not work under any pressure from the legislature or the executive. It can protect the Fundamental Rights.
- It works independently to give every citizen, whether rich or poor, equal rights and he/she cannot be discriminated against any other considerations.
- In a situation where a politician or the executive has the power to appoint the judges, the judiciary will not be able to take independent decisions. For example, a judge appointed by a politician will not be able to judge a case against that person on its merit. Rich and powerful might try to influence the judiciary. To prevent such a situation Constitution provides for an independent Judiciary.
Question 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?
Solution:
Judicial review of court decisions is carried out when the judgment given by a court violates any constitutional provision. In the Constitution, every citizen has equal rights and none can be discriminated against. If there is any violation, the judiciary is free to review the earlier judgments even by’ the Supreme Court.
Question 3.
In the following illustration, fill in each tier with the judgment given by the various courts in the Sudha Goel case. Check our responses with others in the class.
Solution:
- Lower court: The Lower Court convicted Sudha’s husband, his mother and his brother-in-law and sentenced all three of them to death.
- High Court: The High Court passed the judgment stating that Sudha’s husband and the others were innocent and set them free.
- Supreme Court: The Supreme Court passed a judgment stating that Sudha’s husband and his mother were guilty and sentenced them to prison for life. The court freed the brother-in-law.
Question 4.
If they do not like the Supreme Court verdict, the accused can go back again to the Trial Court.
Solution:
(a) True
(b) False: They went to the Supreme court after the High court had given its decision
(c) False: The verdict of the Supreme Court is final.
Question 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?
Solution:
- Before the 1980s filing of litigation into the courts was very costly.
- The poor could not afford to go to courts.
- Since the 1980s, the people can file their case through a letter or a telegram addressed to the Supreme Court or the High Courts without spending any money. The Courts take it as PIL (Public Interest Litigation).
- Thus, it is a significant step in ensuring access to justice to all the citizens.
Question 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.
Solution:
Olga Tellis vs Bombay Municipal Corporation case portrays the plight of lakhs of persons who live on pavements and in slums in the city of Bombay.
They constitute nearly half the population of the city. These men and women came to Court to ask for a judgment that they cannot be evicted from their shelters without being offered alternative accommodation.
They rely for their rights on Article 21 of the Constitution which guarantees that no person shall be deprived of his life except according to the procedure established by law.
They do not contend that they have a right to live on the pavements.
Their contention is that they have a right to live, a right which cannot be exercised without the means of livelihood. They have no option but to flock to big cities like Bombay, which provide the means of bare subsistence. They only choose a pavement or a slum which is nearest to their place of work. Their plea is that the right to life is misleading without a right to the protection of the means by which alone life can be lived.
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?
Answer An independent judiciary is necessary to carry out the function of ‘upholding the law and enforcing Fundamental Rights’. It intends to shield the judicial process from external influences and provide full legal protection to all individuals going to court for whatever reason.
Anyone can approach the courts if they believe that their rights have been violated. If any law passed by the Parliament violates anyone’s Fundamental Rights, the judiciary has the power to declare such law null and void.
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?
Answer The Right to Constitutional Remedies connects to the idea of judicial review in its capacity of protecting the rights of an individual against the working of the State legislature or executive.
It allows citizens to move the court if they think that their fundamental rights are being violated by the State administration.
The judicial review implies the invalidation of legislative or executive action if it is seen to violate fundamental rights.
Hence, judicial review and the Right to Constitutional Remedies are interconnected because judicial review is practised when any fundamental Right is violated by the State. In this case, a higher court can repeal the judgments of a lower court based on its own investigation.
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.
Answer
- Lower Court (Trial Court): Laxman, his mother Shakuntala and his brother-in-law Subhash Chandra were sentenced to death.
- High Court: Laxman, Shakuntala and Subhash Chandra were acquitted.
- Supreme Court: Laxman and Shakuntala were given life imprisonment, while Subhash Chandra was acquitted for lack of sufficient evidence.
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.
Answer
(a) True
(b) False. They went to the High Court after the Trial Court had given its decision.
(c) False. If they do not like the Supreme Court verdict, the accused cannot go back again to the Trial Court 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?
Answer The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice.
It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were 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 the early years, PIL was used to secure justice on a large number of issues, such as rescuing bonded labourers from inhuman work conditions; one such example is securing the release of prisoners in Bihar who had been kept in jail even after their punishment term was complete.
Thus, the introduction of Public Interest Litigation is a significant step in 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.
Answer In the Olga Tellis vs Bombay Municipal Corporation case, the judges stated that the Right to Livelihood was part of the Right to Life.
They stated that life does not merely mean an animal’s existence; it cannot be lived without a means of livelihood. In the above-mentioned case, people were poor and lived in slums; they had small jobs and no other place to live. For them, eviction from their slum means deprivation of their livelihood, which consequently means deprivation of life. This is how judges connected the right to life to the basic requirements of any livelihood, i.e. Food, Clothes and shelter.
7. Write a story around the theme, ‘Justice delayed is justice denied’.
Answer Students have to do this by themselves.
8. Make sentences with each of the glossary words given on the next page.
Acquit, To appeal, Compensation, Eviction, Violation.
Answer
- Acquit: The jury decided to acquit the defendant on the grounds of lack of sufficient evidence to convict them of the crime.
- To Appeal: The defendant decided to appeal to the High Court after their lawyer said the court’s decision was not correct.
- Compensation: In compensation for the trouble caused due to flight delay, the airlines awarded the victim fifty thousand rupees.
- Eviction: The couple faced eviction because they failed to pay the monthly instalments to the bank.
- Violation: The office staff protested the company for the violation of their rights.
