Class 8 History and Civics4. The Indian Judicial SystemQuestions and Answers
Class 8 History and Civics
4. The Indian Judicial System
Questions and Answers
1. Choose the correct option and complete the statements.
(1) Laws are made by …………… .
(a) Legislature (b) Council of Ministers
(c) Judiciary (d) Executive
Ans: Legislature
(2) The Chief Justice of Supreme Court is appointed by ……………
(a) The Prime Minister
(b) The President
(c) The Home Minister
(d) The Chief Justice
Ans: The President
2. Explain the concepts.
(1) Judicial Review
• Ans: One of the most important responsibilities
entrusted to the Supreme Court is the protection of the Constitution.
• The Parliament cannot pass any law that violates the Constitution.
• Every act or policy made by the Executive should also be consistent with the Constitution.
• If any law passed by the Legislature or any act of the Executive violates any provision of the Constitution, the said law or act is declared illegal and struck down by the court. This power of the court is known as Judicial Review.
(2) Public Interest Litigation
Ans: Public Interest Litigation (PIL) refers to litigations filed on issues of public importance by individual citizens, social organisations or Non-Governmental Organisations on behalf of the all people. The court thinks over the questions raised
and gives its decision.
3. Write short notes on.
(1) Civil and Criminal Law
• And: Civil law : This law deals with conflicts which affect or interfere with the rights of a person.
• For example, Conflicts regarding land and property, rent agreement, divorce, etc.
• After filing a petition in the relevant court, the said court gives a decision.
• Criminal Law : Serious crimes are dealt under criminal law.
• For example, theft, robbery, dowry, murder, etc. In these cases, the first step is to file a First
Information Report (FIR) with the Police.
• The police investigates the matter and then a petition is filed in the court. If the charges are proved, there are provisions for severe punishment.
(2) Judicial Activism
• Ans: Traditionally, the Courts settle the disputes whenever they are approached for that purpose.
• In the last few decades, this image of the court has undergone a change and they have become increasingly active.
• This means that the court now seeks to fulfill the constitutional goals of justice and equality.
• The court has tried to provide legal protection to the marginalised sections in society, women, tribal, workers, farmers, and children.
• Public Interest Litigations have played an important role in this regard.
4. Answer in brief.
(1) Why are laws necessary in society?
• And: Differences in opinions, thoughts, perspectives, different cultures of people give rise to conflicts. These conflicts can be resolved impartially by the Judiciary.
• Social justice and equality in society can be established with the help of law.
• It also helps to bring weaker sections of the society, women, children differently-abled and transgenders into the mainstream of the society.
• Law helps the common man to get the benefits of values of freedom, equality and democracy.
• Law helps to protect the rights of the people.
• It prevents emergence of repressive and authoritarian groups and individuals.
Hence, laws are necessary in society.
(2) Enumerate the functions of the Supreme Court.
Ans: The functions of the Supreme Court are as follows:
• As a federal court, it has the responsibility to settle disputes between the centre and the states; and states on one side and states on the other.
• It gives orders to relevant authorities to protect the fundamental rights of the people.
• It has the power to review decrees and orders of the lower courts and also review its own decisions.
• It provides necessary advice to the President if he/she asks for advice to understand the legal aspects in matters of public importance.
(3) Which are the provisions that preserve the independence of the judiciary?
And: The Constitution has made following provisions to preserve the independence of the judiciary:
• To avoid any political pressure, judges are appointed by the President.
• Judges enjoy the security of tenure. They cannot be removed from the post for trivial reasons or for political motives.
• The salaries of the judges are drawn from the Consolidated Fund of India. No discussion regarding this takes place in the Parliament.
• Personal criticism cannot be made on judges for their acts and decisions. It is considered as contempt of court and is a punishable offence.
• The Parliament cannot discuss the decisions of the judges.
5. Complete the table.
Ans:
4. The Indian Judicial System
Questions and Answers
1. Choose the correct option and complete the statements.
(1) Laws are made by …………… .
(a) Legislature (b) Council of Ministers
(c) Judiciary (d) Executive
Ans: Legislature
(2) The Chief Justice of Supreme Court is appointed by ……………
(a) The Prime Minister
(b) The President
(c) The Home Minister
(d) The Chief Justice
Ans: The President
2. Explain the concepts.
(1) Judicial Review
• Ans: One of the most important responsibilities
entrusted to the Supreme Court is the protection of the Constitution.
• The Parliament cannot pass any law that violates the Constitution.
• Every act or policy made by the Executive should also be consistent with the Constitution.
• If any law passed by the Legislature or any act of the Executive violates any provision of the Constitution, the said law or act is declared illegal and struck down by the court. This power of the court is known as Judicial Review.
(2) Public Interest Litigation
Ans: Public Interest Litigation (PIL) refers to litigations filed on issues of public importance by individual citizens, social organisations or Non-Governmental Organisations on behalf of the all people. The court thinks over the questions raised
and gives its decision.
3. Write short notes on.
(1) Civil and Criminal Law
• And: Civil law : This law deals with conflicts which affect or interfere with the rights of a person.
• For example, Conflicts regarding land and property, rent agreement, divorce, etc.
• After filing a petition in the relevant court, the said court gives a decision.
• Criminal Law : Serious crimes are dealt under criminal law.
• For example, theft, robbery, dowry, murder, etc. In these cases, the first step is to file a First
Information Report (FIR) with the Police.
• The police investigates the matter and then a petition is filed in the court. If the charges are proved, there are provisions for severe punishment.
(2) Judicial Activism
• Ans: Traditionally, the Courts settle the disputes whenever they are approached for that purpose.
• In the last few decades, this image of the court has undergone a change and they have become increasingly active.
• This means that the court now seeks to fulfill the constitutional goals of justice and equality.
• The court has tried to provide legal protection to the marginalised sections in society, women, tribal, workers, farmers, and children.
• Public Interest Litigations have played an important role in this regard.
4. Answer in brief.
(1) Why are laws necessary in society?
• And: Differences in opinions, thoughts, perspectives, different cultures of people give rise to conflicts. These conflicts can be resolved impartially by the Judiciary.
• Social justice and equality in society can be established with the help of law.
• It also helps to bring weaker sections of the society, women, children differently-abled and transgenders into the mainstream of the society.
• Law helps the common man to get the benefits of values of freedom, equality and democracy.
• Law helps to protect the rights of the people.
• It prevents emergence of repressive and authoritarian groups and individuals.
Hence, laws are necessary in society.
(2) Enumerate the functions of the Supreme Court.
Ans: The functions of the Supreme Court are as follows:
• As a federal court, it has the responsibility to settle disputes between the centre and the states; and states on one side and states on the other.
• It gives orders to relevant authorities to protect the fundamental rights of the people.
• It has the power to review decrees and orders of the lower courts and also review its own decisions.
• It provides necessary advice to the President if he/she asks for advice to understand the legal aspects in matters of public importance.
(3) Which are the provisions that preserve the independence of the judiciary?
And: The Constitution has made following provisions to preserve the independence of the judiciary:
• To avoid any political pressure, judges are appointed by the President.
• Judges enjoy the security of tenure. They cannot be removed from the post for trivial reasons or for political motives.
• The salaries of the judges are drawn from the Consolidated Fund of India. No discussion regarding this takes place in the Parliament.
• Personal criticism cannot be made on judges for their acts and decisions. It is considered as contempt of court and is a punishable offence.
• The Parliament cannot discuss the decisions of the judges.
5. Complete the table.
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