CBSE 8 Polity Ch 4 Judiciary Notes

Ch 4 – Judiciary Notes

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Judiciary

The judiciary is the system of courts and judges. It ensures people follow the law, solves problems between individuals, and decides whether something is right or wrong. The judiciary is crucial to India’s democracy because it is independent. This means courts and judges can make fair decisions without pressure from the government or powerful people.

Role of the Judiciary

Courts make decisions on many important issues. They can solve problems like sharing river water between states or punishing people who break the law. 
The work of the judiciary can be divided into the following points.

A. Solving Disputes: Courts help solve arguments between people, between people and the government, between two states, or between the central government and a state.
B. Judicial review: Courts can cancel laws made by Parliament if they go against the Constitution. This is called judicial review.
C. Protecting Rights: If someone feels their Fundamental Rights have been taken away, they can ask the Supreme Court or High Court for help.

Independent Judiciary

An independent judiciary means courts and judges can make fair decisions without being influenced by the government or powerful people. Courts are not controlled by the government and do not work for it. For example, if a politician controls a judge, the judge may be forced to favour the politician to stop this, the Indian Constitution makes sure the judiciary stays independent and fair.

An independent judiciary makes sure the legislature and executive do not misuse their power and helps protect our Fundamental Rights because people can go to court if they feel their rights have been taken away.

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Structure of court in India

In India courts are organized at three different levels, most people go to district courts (In districts, tehsils, or towns) and handle many types of cases. Each district has a District Judge-in-charge. Each state has a High Court, which is the highest court in that state. At the top is the Supreme Court, located in New Delhi, led by the Chief Justice of India. All other courts must follow decisions made by the Supreme Court in India.

In India, we have an integrated judicial system, which means that a person can appeal to a higher court if they believe that the judgment passed by the lower court is unfair. 

For example, the appellate system tracking a case, State (Delhi Administration) vs Laxman Kumar and Others (1985), from the lower courts to the Supreme Court. 

Different Branches of the Legal System

No.Criminal LawCivil Law
1.Includes actions that break the law, like stealing, asking a woman for more dowry, or hurting someone.Involves problems or disagreements between people, like those about land, buying things, paying rent, or divorce.
2.It usually starts when a First Information Report (FIR) is filed with the police, who then investigate the crime, and the case is brought to court. A petition has to be filed before the relevant court by the affected party only. In a rent matter, either the landlord or tenant can file a case. 
3. If found guilty, the accused can be sent to jail and also fined. The court gives the specific relief asked for. For instance, in a case between a landlord and a tenant, the court can order the flat to be vacated and pending
rent to be paid.

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Does Everyone Have Access to the Court?

All citizens of India have the right to access the courts for justice. Courts play a key role in protecting our Fundamental Rights. If someone feels their rights are violated, they can ask the court for help. 

However, for poor people, going to court can be difficult because it is expensive, requires paperwork, and takes time. To make justice easier, the Supreme Court started Public Interest Litigation (PIL) in the 1980s. This allows anyone to file a case in the High Court or Supreme Court for those whose rights are being violated. The process was made simple, and even a letter to the court could be treated as a PIL.

The Olga Tellis vs Bombay Municipal Corporation case declared that the Right to Livelihood is part of the Right to Life under Article 21. The court explained that the Right to Life means more than just staying alive; it includes living with dignity and having basic needs like food, shelter, and a job.
The judges stated that evicting people from slums or pavements takes away their livelihood because their jobs are nearby, and losing their homes means losing their jobs. Without a livelihood, their Right to Life is also taken away.
This judgment emphasized that protecting homes is essential to safeguarding people’s right to live with dignity.

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