Notes Civics Chapter 4 Class 8 Maharashtra Board

Notes For All Chapters – Civics Class 8

The Indian Judicial System

1. Introduction

• The judiciary is one of the three key organs of the government:
  • Legislature – Makes the laws.
  • Executive – Implements the laws.
  • Judiciary – Provides justice by resolving conflicts and upholding the law.

Need for Justice

• Opinions, thoughts, beliefs, and culture differ from person to person.
• If people are tolerant, conflicts can be avoided.
• If differences of opinion are sharp, conflicts may arise.
• Conflicts should be resolved:
  • Impartially.
  • According to the law.
• An unbiased judicial system is necessary to resolve conflicts fairly.

Examples of Conflict

• Conflict between individuals – Personal disputes.
• Conflict between individuals and the government – A law or decision made by the government may seem unfair to people, leading them to seek justice from the court.

Role of Judiciary in Promoting Democracy

• Helps the government to achieve social justice and equality.
• Ensures justice for:
  • Weaker sections of society.
  • Women.
  • Children.
  • Differently-abled people.
  • Transgender people.
• Strengthens democracy by ensuring:
  • Freedom.
  • Equality.
  • Justice.

2. Rule of Law

• The judiciary ensures that everyone is treated equally under the law.
• No discrimination based on:
  • Wealth – Rich and poor are treated equally.
  • Social status – Developed and backward communities are equal before the law.
  • Gender – Men and women have equal legal status.
• The judiciary protects the rights of people and prevents:
  • Emergence of repressive groups.
  • Growth of authoritarian individuals.

3. Structure of the Judiciary

• India has a unified judicial system.
• No separate judiciary for the Centre and the states.
• Hierarchy of Courts:
  1. Supreme Court – Apex court at the top.
  2. High Courts – State-level courts under the Supreme Court.
  3. District Courts – Under High Courts.
  4. Lower Courts – Village and local level courts.

4. Supreme Court of India

• Head: Chief Justice of India (CJI).
• Appointment:
  • The President appoints the Chief Justice and other judges.
  • By convention, the senior-most judge is appointed as the Chief Justice.

Eligibility for Supreme Court Judges

• Legal expert.
• Experienced advocate.
• High Court judge.

Security of Tenure

• Judges enjoy security of tenure:
  • Cannot be removed from the post for political reasons or personal motives.
  • Retirement age of Supreme Court judges – 65 years.
  • Retirement age of High Court judges – 62 years.

Salary and Allowances

• Judges’ salaries and allowances are drawn from the Consolidated Fund of India.
• Parliament cannot discuss judges’ salaries or allowances.

Protection from Criticism

• No personal criticism of judges for their decisions.
• Contempt of Court is punishable.
• Protects the independence of the judiciary.

Removal of Judges

• Judges can only be removed through impeachment:
  • Requires a two-thirds majority in both Houses of Parliament.

5. Judicial Activism

• Traditionally, courts settled disputes only when approached.
• In recent decades, courts have become more active:
  • Taking action to protect the constitutional goals of justice and equality.
  • Protecting the rights of marginalized groups:
    • Women.
    • Tribal people.
    • Workers.
    • Farmers.
    • Children.
• Public Interest Litigations (PILs) – Help courts to address issues of public importance.

6. Functions of the Supreme Court

1. Federal Role

• Settles disputes between:
  • Centre and states.
  • States and other states.

2. Protection of Fundamental Rights

• Issues orders to protect the fundamental rights of citizens.

3. Review Power

• Reviews the decisions of lower courts.
• Can also review its own decisions.

4. Advisory Role

• Provides advice to the President on legal issues of public importance.

7. Judicial Review

• Protects the Constitution from violations.
• Parliament cannot pass any law that:
  • Violates the Constitution.
  • Affects fundamental rights.
• The court can:
  • Strike down unconstitutional laws.
  • Declare unconstitutional actions of the executive invalid.

Example of Judicial Review

• The Supreme Court ordered candidates contesting elections to:
  • Declare their property and income details.
  • Provide educational qualifications.
• Purpose – To make the election process transparent and fair.

8. Public Interest Litigation (PIL)

• Filed by:
  • Citizens.
  • Social organizations.
  • Non-Governmental Organizations (NGOs).
• Purpose:
  • Address issues of public importance.
  • Ensure justice for marginalized groups.
• The court considers the issues raised and gives decisions in the public interest.

9. High Court

• 24 High Courts in India.
• Each High Court has:
  • Chief Justice.
  • Other Judges.

Jurisdiction of High Courts

• Some High Courts cover multiple states/union territories.
  • Example:
    • Bombay High Court – Covers Maharashtra, Goa, Dadra & Nagar Haveli, and Daman & Diu.

Functions of High Court

1. Supervision of Lower Courts

• Controls and supervises lower courts.

2. Protection of Fundamental Rights

• Issues orders to protect rights.

3. Advisory Role

• Advises the Governor on appointing district court judges.

10. District and Lower Courts

• District Court – Headed by a District Judge.
• Lower courts include:
  • Civil courts.
  • Criminal courts.
• Handles:
  • Most local disputes.
  • Cases related to civil and criminal law.

11. Branches of Law in India

1. Civil Law – Deals with personal conflicts.
   • Examples:
     • Property disputes.
     • Divorce.
     • Breach of contract.
   • Affected person files a petition.
   • The court gives a decision.
2. Criminal Law – Deals with crimes and offenses.
   • Examples:
     • Theft.
     • Robbery.
     • Murder.
   • Process:
     1. File a First Information Report (FIR).
     2. Police investigation.
     3. Court trial.
     4. Punishment if charges are proved.

12. Contribution of Indian Judiciary

• Protected:
  • Individual freedom.
  • Federal structure.
  • Constitution.
• Ensured:
  • Justice.
  • Equality.
  • Protection of fundamental rights.
• Courts have played a key role in:
  • Strengthening democracy.
  • Maintaining public trust in the legal system.