NCERT Notes: Grade 8 Social Science - Political Science - Chapter 5: Judiciary

Introduction

The Indian Judiciary plays a crucial role in maintaining the rule of law in the country. As one of the three pillars of democracy, the Judiciary ensures that justice is accessible to all and the constitution’s values are upheld.

The Role of the Judiciary

The primary function of the judiciary is to interpret and uphold the law. This involves:

1. Resolving Disputes: Be it disputes between individuals, organizations, or even the government itself.

2. Judicial Review: Ensuring that laws passed by the legislature are in line with the Constitution.

3. Upholding the Law: Ensuring that justice is meted out fairly and impartially.

Structure of the Indian Judiciary

The Indian judicial system follows a hierarchical structure, consisting of:

1. Supreme Court: The apex court of India, located in New Delhi.

2. High Courts: Present in every state, they are the principal civil courts of original jurisdiction.

3. District Courts: They handle most of the judicial cases at the district level.

The Supreme Court

• Chief Justice of India: The head of the Supreme Court.

• Function: Besides being the highest appellate authority, it also deals with cases that have a significant public or constitutional importance.

High Courts

• Chief Justice: The head of the High Court.

• Jurisdiction: Each state can have one or more High Courts. They deal with cases of state importance and also hear appeals from lower courts.

District Courts

• Handle the bulk of the judicial system’s workload.

• Subordinate Courts: Beneath district courts are other lower courts handling specific types of cases.

An Independent Judiciary

For the rule of law to prevail, it’s vital that the judiciary remains independent. This independence ensures:

1. Impartiality: Judges are not influenced by external factors when making a judgment.

2. Checks and Balances: Ensures that the legislature and the executive do not misuse or exceed their powers.

Ensuring Independence:

• Appointment Process: Judges are appointed by the President based on the recommendations of a collegium.

• Security of Tenure: Judges cannot be removed easily.

• No interference: The executive or legislature cannot interfere in the decision-making process of the judiciary.

Protecting Rights

One of the judiciary’s crucial roles is to protect the fundamental rights of citizens enshrined in the Constitution.

Public Interest Litigation (PIL)

• What is it? Legal action initiated in a court of law for the enforcement of public interest.

• Significance: Allows ordinary citizens to approach the court seeking judicial remedy in cases where public interests are at stake.

Judiciary and Rights

Rights are meaningless unless they can be enforced and protected. This is where the role of the judiciary comes into play.

• Right to Equality: Ensures no citizen is discriminated against.

• Right to Freedom: Including freedom of speech, movement, and peaceful assembly.

• Protection against Arrest and Detention: No person can be deprived of his life or personal liberty except according to a procedure established by law.

Conclusion

The Indian Judiciary acts as the guardian of the Constitution and the rights of the citizens. Its independence, paired with its responsibility to ensure justice, makes it an integral pillar of the largest democracy in the world.

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Reference: NCERT Grade 8 Social Science - Political Science - Chapter 5: Judiciary