Chapter 4: Judiciary

Politocal Science • Class 8

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Chapter Analysis

Intermediate15 pages • English

Quick Summary

Chapter 4 of the Class 8 Political Science textbook titled "Judiciary" explores the role of the judiciary in maintaining the rule of law and upholding Fundamental Rights in India. The chapter discusses the independence of the judiciary as essential to democracy and the separation of powers among different branches of government. It also covers the structure of courts in India, from subordinate courts to the Supreme Court, and introduces concepts like judicial review and Public Interest Litigation (PIL). Additionally, it emphasizes issues of accessibility to justice and explores significant court cases such as the Olga Tellis case, linking rights to livelihoods.

Key Topics

  • Role of the Judiciary
  • Independence of the Judiciary
  • Judicial Review
  • Structure of Courts in India
  • Public Interest Litigation (PIL)
  • Access to Justice
  • Significant Court Cases
  • Separation of Powers

Learning Objectives

  • Understand the role of the judiciary in a democratic framework
  • Comprehend the importance of an independent judiciary
  • Recognize the structure of the Indian judicial system
  • Identify the significance of judicial review
  • Analyze the concept of public interest litigation
  • Evaluate the challenges related to access to justice

Questions in Chapter

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?

Page 58

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?

Page 58

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 class.

Page 58

Keeping the Sudha Goel case in mind, tick the sentences that are true and correct the ones that are false.

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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?

Page 59

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.

Page 59

Write a story around the theme, ‘Justice delayed is justice denied’.

Page 59

Make sentences with each of the glossary words given on the next page.

Page 59

Additional Practice Questions

What are some key challenges facing the judiciary in India today?

medium

Answer: Key challenges include the backlog of cases, lack of adequate judges leading to delays, financial constraints, and inaccessibility of legal services for the poor.

Explain the significance of the separation of powers in maintaining the independence of the judiciary.

easy

Answer: Separation of powers prevents undue influence from the executive and legislative branches, ensuring the judiciary can make unbiased decisions based solely on the law.

How has the introduction of PIL impacted the Indian judicial system?

medium

Answer: PIL has democratized access to the courts, allowing individuals and groups to seek judicial redress for issues affecting the public at large, thus enhancing social justice.

Discuss the role of the Supreme Court as the guardian of Fundamental Rights.

medium

Answer: The Supreme Court acts as the final interpreter of the Constitution, ensuring laws and actions that violate fundamental rights are struck down to protect citizens.

Reflect on a recent landmark judgment made by the Supreme Court of India.

hard

Answer: A recent landmark judgment by the Supreme Court legalized same-sex consensual relationships by striking down section 377 of the IPC, thus upholding the fundamental rights of LGBTQ+ individuals.