KSEEB Solutions Class 8 Civics Chapter 5 Judiciary Textbook Questions
Question 1. 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?
Answer. Judiciary is an important organ of the government Its main function is to apply the existing laws to the individual cases and to administer justice. Protection of the fundamental rights of the people is not possible without the courts of law. But the Judiciary in a democratic and civilized state must be independent Independence of Judiciary means that it should be efficient, honest and impartial in giving its judgement It should be free from any outside control of the executive or the legislature. The Judge should be free to decide cases according to law in a bold and fearless manner. Individual rights can be safeguarded when judges are neither jnder the control of legislature nor under the control of the executive. The life and liberty of each individual will not be safe, where judiciary is subordinated to the executive. In the absence of independent judiciary, individual liberty is in danger. Moreover, the only way to fight against executive high-handedness and interference is through an independent judiciary- Indian Constitution has provided independence to Judiciary. The Courts are not under the government and do not act on their behalf.
Question 2. Re-read the list of Fundamental Rights provided in Chapter I. How do you think the Right to Constitutional Remedies connects to the idea of judicial review?
Answer. Indian Constitution provides six Fundamental Rights to the citizens. Right to Constitutional Remedies makes the Supreme Court the ultimate guardian of the fundamental rights and liberties of the people. Rights of the people have no meaning if they are not backed and upheld by the Judiciary. It is both the jurisdiction as well as the responsibility of the Supreme Court to issue orders, directions and Writs of Habeas Corpus, etc., for the enforcement of fundamental rights. In fact, Right to Constitutional Remedies connects to the idea of Judicial Review. The Supreme Court can declare any law null and void if that law violates the Fundamental Rights. For example, in Golak Nath’s case, 1967, the Supreme Court declared that the Parliament has no power to amend the Constitution. The Supreme Court also struck down Section 4 of the 42nd Amendment Act because Section 4 gave Primacy to Directive Principles of State Policy-‘ over Fundamental Rights.
Kseeb Solutions For Class 8 Civics Chapter 5 Judiciary
Question 3. In the following illustration, fill in each tier with the judgements given by the various courts in the Sudha Goel case. Check your responses with others in class
Answer. Supreme Court: The Supreme Court found Laxman and his mother guilty, but acquitted the brother- in-law Subash due to lack of evidence. Laxman and his mother were sent to jail for life.
High Court: In November 1983, three accused went to the High Court to appeal against the judgement of trial court The High Court decided that Sudha had died due to an accidental fire caused by the Kerosene stove. Hence, the High Court acquitted Laxman, Shakuntala and Subash Chandra. Trial or Lower Court: On the basis of evidence, the Trial Court convicted Laxman and his mother Shakuntla and his brother-in-law Subash Chardra and sentenced all three of them to death.
Question 4. Keeping the Sudha Goel case in mind, tick the sentences that are true and correct the ones that are false:
(a)The accused took the case to the High Court because they were unhappy with the decision of the Trial Court.
(b)They went to the High Court after the Supreme Court had given its decision.
(c)If they do not like the Supreme Court verdict, the accused can go back again to the Trial Court.
Answer.
(a) True.
(b)False. They went to the Supreme Court after the High Court had given its decision.
(c)False. If they do not like the Supreme Court verdict the accused can make petition to the President
Judiciary Class 8 Kseeb Solutions Pdf
Question 5. Why do you think the introduction of Public Interest Litigation (PIL) in the 1980s is a significant j step in ensuring access to justice for all?
Answer. In simple words, the term ‘Public Interest Litigation’ means that the person arid association other ; than the sufferer have the right to seek justice on their behalf. Now, this concept that a person j can seek justice only for himself has undergone a huge change. The poor and oppressed people j of India don’t possess means to seek judicial relief. It is only a public minded citizen or politically aware organisation that can move to the Supreme Court. In fact, the introduction of Public Interest j Litigation is a significant step in ensuring access to justice for all. Through Public Interest Litigation j cases, the Supreme Court has emerged as the defender and champion of the rights and liberties of j the poor masses.
Question 6. Re-read excerpts from the judgement 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.
Answer. The Judgement of the Olga Tellis vs Bombay Munic’pal Corporation established the Rights to Livelihood as part of the Right to Life. Right to Life is provided under Article 21 of the Constitution, Article 21 states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. But this is one aspect of the Right to Life. But another aspect of Right to Life is right to livelihood because no person can survive without the means of livelihood. Thus, right to livelihood is a part of Right to life. That is the conclusion that drawn from the judgement in the Olga Tellis vs Bombay Muncibal Corporation Case. The judgement in this case had tried to protect the livelihood of slum dwellers.
Question 7. Write a story around the theme, ‘Justice delayed is justice denied’.
Answer. Justice is the very foundation of the state. Without the judicial system, there can be no state worth the name. The judiciary is rightly called “the shield of innocence” and “the guardian of civil rights”. But for a good judiciary it is essential that justice should be impartial, speedy and cheap. But in India justice is not speedy. The position is the worst in civil cases. Unnecessary litigation, needless appeals, dilatory procedures, etc., have actually denied justice to people. Justice delayed is justice denied.
If justice is delayed and is not really done to the people, then the life and property of the people cannot be safe. In and a, it is very difficult to get a house vacated from the tenant. Generally, civil cases are decided in 15 to 30 years. The need is that justice should be quick and speedy.
Question 8. Make sentences with each of the glossary words given on the next page.
Answer.
- Acquit: In Sudha murder case, the High court acquitted Laxman, Shakuntla and Subash Chandra.
- To Appeal: In Sudha murder case, the three accused went to the High Court to appeal against the judgement of Trial Court.
- Compensation: Compensation is given to a person whose property is acquired for public purposes.
- Eviction: The eviction of a person from a pavement or slum will inevitably lead to the deprivation of the means of livelihood.
- Violation: In India, a citizen can be punished only for the violation of law.
Karnataka Board Class 8 Civics Chapter 5 Question Answers
Question 9. The following is a poster made by the Right to Food campaign. Read this poster and list the duties of the government to uphold the Right to Food. How does the phrase ‘Hungry stomaches, overflowing godowns! We will not accept it!!” used in the poster relate to the photo essay on the Right to Food on page 61?
Answer . Every person has a right to life. But for survival, food is very essential.
Without food, (Roti) a person will die of hunger. The right to life includes right to food or right to livelihood. The government should perform the following duties to uphold the Right to Food:
- The government should provide employment to the unemployed.
- The government should give allowance to unemployed people.
- The government should provide cheap or free food to the poor.
Judiciary Text Questions
Question l. Do you think that any ordinary citizen stands a chance against a politician in this kind of judicial system? Why not?
Answer. It is very difficult for an ordinary citizen to stand against a politician where the politician has the power to appoint and dismiss a Judge. Because under such conditions, Judge cannot act independently.
Question 2. List the two reasons why you believe an independent judiciary is essential to democracy.
Answer. The independence of Judiciary is essential to democracy as:
- The freedom of the judiciary ensures that it is not under the control of the executive or the legislature.
- It should be efficient and honest and the Judges should be free to decide cases according to ; law in a bold and fearless manner.
Question 3. Write two sentences of what you understand about the appellate system from the given case.
Answer. If a person believes that the judgement giver by the lower court is not just, then that person has a right to make an appeal to a higher court. =or example, appeal can be made to the High Court against the judgement of a Session Judge
Judiciary Additional Questions (Solved)
Very Short Answer Type Questions
Question 1. Which is the apex court of India and where is it situated?
Answer. The Supreme Court is the apex court of India. It is situated in New Delhi.
Question 2. Who appoints the Judges of the Supreme Court?
Answer. Judges of the Supreme Court are appointed by the President on the advice of the Chief Justice of the Supreme Court
Class 8 Civics Chapter 5 Judiciary Textbook Solutions Kseeb
Question 3. Who appoints the Chief Justice of the Supreme Court?
Answer. The President of India appoints the Chief Justice of the Supreme Court
Question 4. Mention the qualifications to be a judge of the Supreme Court
Answer.
- A person must be a citizen of India.
- He must have been a Judge of one or more High Courts for five successive
- years or must have been an advocate of one or more High Courts for ten successive years.Question 5. Who was the first woman judge of the Supreme Court?
Answer. Ms. Meera Sahib Fatima Bibi was the first woman judge of the Supreme Court
Question 6. Mention the salary of the judges of the Supreme Court.
Answer. The Chief Justice of the Supreme Court is entitled a monthly salary of? 1,00,000 per month while the other judges of the Supreme Court are given 90,000 per month.
Question 7. What is the tenure of judges of the Supreme Court?
Answer. Judges of the Supreme Court hold oTice till they complete the age of 65 years.
Question 8. How can the judges of the Supreme Court be removed?
Answer. The judges of the Supreme Court can be removed by only impeachment.
Question 9. Can the salary of judges of the Supreme Court be reduced during their tenure?
Answer. The salary of judges can only be reduced during the financial emergency.
Question 10. Who can remove the judges of the Supreme Court?
Answer. The Judges of the Supreme Court can be removed by the President after an address by each House of the Parliament has been presented to the President for such removal on the ground of proved misbehaviour or incapacity.
Question 11. Can the cases of Fundamental Rights be directly taken to the Supreme Court?
Answer. Yes, the Supreme Court has original jurisdiction regarding the Fundamental Rights.
Question 12. What do you understand by Dispute Resolution?
Answer. The Judical system provides a mechanism for resolving misunderstandings between citizens, between citizens and the government, between the centre arid states arid between two states.
Question l3. What do you understand by Independent Judiciary?
Answer. Independence of Judiciary means that it should be efficient, honest and not under the control of the j executive or the legislature. The judges should be free to decide cases according to law in a bold j and fearless manner.
Kseeb Class 8 Civics Judiciary Important Questions
Question 14. When was the Supreme Court of India established? Where is the Supreme Court situated?
Answer. The Supreme Court of India was established on 26v’ January, 1950 and it is situated at New Delhi.
Question 15. What is Judicial Review power?
Answer. It means that the court is the guardian of the constitution and can declare any law and executive order to be unconstitutional if it is violative of the constitutional provisions.
Judiciary Class 8 Civics Summary And Explanation
Question 16. What do you mean by court of record?
Answer. It means that the decisions taken by the Supreme Court became a law for the lower court.
Question 17. Can any Judge of the Supreme Court resume his legal practice after his retirement?
Answer. No, judges of the Supreme Court can not resume their legal practice after retirement
Question 18. Mention any two writs which the Supreme Court can issue for the enforcement of Fundamental Rights?
Answer.
- The writ of Habeas Corpus.
- The writ of Mandamus.
Judiciary Short Answer Type Questions
Question 1. Mention four functions of the Supreme Court of India.
Answer.
- The Supreme Court decides election disputes of the President and Vice-President
- The Supreme Court exercises advisory functions.
- The Supreme Court is the court of record.
- The Supreme Court has original and appellate jurisdiction.
Question 2. Enumerate the miscellaneous powers of the Supreme Court.
Answer.
- The Supreme Court has the power to inspect and supervise the working of the subordinate courts.
- Election petition of the Presidential anc Vice-Presidential elections are filed directly in the Supreme Court.
- The Supreme Court has the power to hear cases relating to Income Tax Act, Custom Act, etc.
Question 3. The Supreme Court has guaranteed the Fundamental Rights to the citizens. Discuss.
Answer. The Constitution makes the Supreme Court the ultimate guardian of the Fundamental Rights of the citizen. It has the power to issue orders, directives and writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, or any of them for the enforcement of Fundamental Rights. Thus, the Supreme Court has guaranteed the Fundamental Rights to the citizens.
Question 4. The Supreme Court is the highest court of appeals. Discuss.
Answer. The Supreme Court has appellate jurisdiction on the decisions of the High Courts and those of other tribunals. The Supreme Court can grant special permission to appeal from any judgement or order in any cause or matter passed or made by any court or Tribunal in the territory of India. Thus, the Supreme Court is the highest Court of appeal.
Question 5. It is necessary to safeguard independence of Judiciary. Give reason.
Answer. Independence of Judiciary is essential to maintain the impartiality of Judges. The judges can perform their duties fearlessly only in the atmosphere of independence. Only independent judiciary can provide fair and speedy (ustice. It is an independent judiciary alone, which can secure the Fundamental Rights of the citizens guaranteed by the Cons:itution.
Question 6. The President can remove a judge. Discuss.
Answer . A Judge can be removed from office by the President after an address by each House of the Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.
Karnataka Board Class 8 Civics Chapter 5 Important Mcqs And Notes
Question 7. What steps have been taken to make independent Judiciary in India?
Answer.
- In India, methods of the appointment of the Judges is deviced in such a way that only able persons can become the Judges.
- The Judges of the Supreme Court and High courts are given a very good salary.
- The Judges are kept it service for a long period.
- Legal qualifications have been decided to become the Judges of the Supreme Court and the High Courts.
- Judiciary has been given vast powers in India.
Judiciary KSEEB Class 8 Textbook Solutions
Judiciary Long Answer Type Questions
Question 1. Describe the composition of the High Court.
Answer. There is a Chief Justice and some other Judges in a High Court but their number is not fixed. The President decides the number from time to time. The Chief Justice and other Judges of the High Court are appointed by the President on the recommendation of the Chief Justice of the Supreme Court But before giving recommendations, the Chief Justice of the Supreme Court should consult two senior-most judges of the Sjpreme Court The Supreme Court said, “Merit should be the predominant factor while making any recommendation for appointment as Judges.” If the High Court has surplus work or its work has been increased temporarily, the President can appoint additional Judges on ad hoc basis for a period of two years. If a Judge abstains for a long time or is incapable of performing his, the President can dismiss him.
Question 2. Discuss the composition, appointment and qualifications of the Judges of Supreme Court.
Answer . The Supreme Court established under the Indian Constitution is the highest Judicial authority in the country. All the Courts even those functioning n the States of India, are subject to the authority and jurisdiction of the Supreme Court. The Courts in India administer both the Federal laws as well as the State laws. Hence, judiciary in India is unified.
- Composition of the Supreme Court At the time of the commencement of the Constitution, the Supreme Court consisted of eight judges, including the Chief Justice. But Article 124empovvered the parliament to determine and raise the number of Judges. In April, 1986 the number of judges was increased from 17 to 25. In January, 2009 the number of judges was increased from 25 to 30. Thus, at present the Supreme Court consists of Chief Justice and 30 other Judges. At present Justice H. L. Dattu s the Chie Justice of India.
Appointment of the Judges: The Chief Justice of India is appointed by the President in consultation with such Judges of the Supreme Court and High Courts as he may deem fit In the appointment of the other Judges of the Supreme Court the Chief Justice of India must be consulted by the President - Qualifications for appointment of Judges: A candidate for appointment as a Judge of the Supreme Court must fulfill the following qualifications:
(a)He should be a citizen of India.
(b)He must have been a Judge of one or more High Courts for five successive years or must have been an advocate of one or more High Courts for ten successive years.
(c)He should be a distinguished jurist in the opinion of the President
Question 3. Explain briefly the Original Jurisdiction of the Supreme Court.
Answer . The Indian Supreme Court had very wide and vast powers. The Supreme Court has an extensive jurisdiction-both Original and Appellate.
Original Jurisdiction: Original Jurisdiction means cases that start in the Supreme Court and regarding which the Supreme Court has exclusive jurisdiction. The Supreme Court, in its original jurisdiction, entertains suits in the following cases:
- Centre-State Disputes:
(a)Disputes between the Government of India and one or more States.
(b)Disputes between the Government of India and any one state or states on one side and one or more other states on the other. - Inter-State Disputes: Disputes between two or more States.
- Interpretation of the Constitution: All cases where interpretation of the Constitution is involved can be directly filed in the Supreme Court.
- Disputes Relating to Fundamental Rights: Cases relating to violation or denying the Fundamental Rights can directly be brought before the Supreme Court
- To Decide Election Disputes of the President and Vice-President: The Supreme Court is also empowered to decide election dispute relating to the President or the Vice-President of India and in this regard the Supreme Court’s decision is final and binding.
Class 8 Civics Chapter 5 Judiciary Worksheet And Study Material
Question 4. Describe the Jurisdiction of a High Court.
Answer.
- Original Jurisdiction: Some cases can directly be brought to a High Court They are cases relating to Fundamental Rights, wills, divorce, marriages, contempt of court, etc. Election disputes can also be heard by the High Court.
- Appellate Jurisdiction: The High Court can hear appeals against the decisions of the District Courts. Appeals against all the decisions of the subordinate courts in civil, revenue and criminal cases can be brought to the High Court.
- Administrative Powers: The High Court supervises the working of the subordinate courts. It can make rules and regulations for their work and inspect their records. It can transfer cases from one court to another. All appointments, transfers and promotions of District Judges are made by the Governor in consultation with the Chief Justice of the High Court of the State.
Question 5. Discuss Appellate Jurisdiction of the Supreme Court.
Answer. The Appellate Jurisdiction of the Supreme Court can be divided into three main parts-Constitutional, Civil and Criminal.
- Appeal in Constitutional Cases: The Constitution provides that an appeal shall lie to the Supreme Court from any judgement, decree or final order of a High Court in India whether in a civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law that needs the interpretation of the Constitution.
- Appeals in Civil Cases: Regarding appeals in civil cases, the 30th Amendment provides for the right to appeal in the Supreme Court. Cn any judgement a High Court involves a substantial question of law of general importance and if in the opinion of the High Court the said question needs to be decided by the Supreme Court.
- Appeal in Criminal Cases: Regarding criminal cases, the Constitution provides that an appeal shall lie to the Supreme Court from any judgement, final order or sentence in a criminal proceeding of a High Court if:
(a)the High Court has an appeal reve’sed an order of acquittal of an accused person and sentenced him to death; or
(b)the High Court has withdrawn ^or trial before itself any case Pom any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
(c)the High Court certified that the case is fit for appeal to the Supreme Court
Judiciary Hots Corner
Question 1. Discuss how far the Judiciary of India is independent.
Answer . Indian Judiciary is independent and efficient to work in accordance with democratic principles.
Indian Judiciary is independent in many ways, for instance:
- Judicial admin stration is independent of the federal and state administration.
- The judiciary has been given vast powers in India. The judiciary is ffee to give a decision against the government.
- No government official or private individual can interfere in the working of the judiciary.
- To save the Constitution of India against arbitrary interpretations by the other organs of the government, the Supreme Court is made free to interpret the Constitution.
- To maintain the dignity of the Indian Judicial system the judiciary in India is made free to institute the ‘contempt of court’ proceeding against that person who shows disrespect to the court.
- The Supreme and High Courts of India can declare a law, passed by legislature, null and void if it violates fundamental rights and provisions of the Constitution.
- The Chief Justice of the Supreme Court gets ? 1,00,000 whereas other judges get ?90,000. Judges get pension after retirement.
- Judges of the Supreme Court enjoy security of service. They can be removed only through the method of impeachment
- Judges of the Supreme Court are appointed by the President on the recommendation of the Chief Justice. Moreover, the qualifications of the Judges are mentioned in the Constitution.
Important Questions For KSEEB Class 8 Civics Chapter 5
Judiciary Miscellaneous Questions
Multiple Choice Questions
Tick the correct option from the choices provided:
Question 1. Supreme Court consists of one Chief Justice and:
(a) 13 other Judges
(b) 25 other Judges
(c)20 other Judges
(d) 30 other Judges
Answer. (d) 30 other Judges
Question 2. The Judges of the Supreme Court of India retire at the age:
(a) 62 years
(b) 65 years
(c) 60 years
(d) 50 years
Answer. (b) 65 years
Question 3. The number of Judges of the Supreme Court is fixed by:
(a) Parliament
(b) Prime Minister
(c) President
(d) Cabinet
Answer. (a) Parliament
Question 4. The salary of the Chief Justice of India is:
(a) ₹ 26,000
(b) ₹1,00.000
(c) ₹ 28,000
(d) ₹ 30.000
Answer. (b) ₹ 1,00,000
Question 5.Whom does Supreme Court advise?
(a)Cabinet
(b)Prime Minister
(c)President
(d)Parliament
Answer. (C)President
Kseeb Class 8 Civics Judiciary Short Notes
Question6 Which one of the following is the Guardian of the Indian Constitution?
(a)Parliament
(b)(b)Supreme Court
(c)President
(d)Cabinet
(c)Supreme Court
Answer. (c)Supreme Court
Question 7 The Judges of the Supreme Court are appointed by the:
(a)Chief Justice of India
(b)People
(d)Prime Minister
(d)President
Answer. (d)President
Question 8. The power of Judicial Review is vested with: (a
(a)Parliament
(b)High Court
(c)The Supreme Court
(d)Both with Supreme Court and High Court
Answer. (d) Both with Sipreme Court and High Court In
Question 9. India, the power of Judicial Review is:
(a)Extra Constitutional
(b)Unconstitutional
(c)Constitutional
(d)Non of these
Answer. (c) Constitutional
Question 10. Which one of the following does not fall within the Appellate Jurisdiction of the Supreme Court? (a)
(a)Constitutional Cases
(b) Civil Cases
(c) Advisory Cases
(d) Criminal Cases
Answer. (c) Advisor/ Cases
Judiciary B. Fill in the Blanks
Fill the blanks with appropriate terms in the following sentences:
- The Judge of the Supreme Court retires at the age of____ years.
- The Judge of the High Court retires at the age of____ _years.
- The Judges of the Supreme Court and High Courts are appointed by the____ .
- The Judges of the Supreme Court can be removed from the offices by the process of____Answer.1. 65
2. 62
3. President
4.Impeachment
Judiciary C. True or False
State whether the following statements are true or false:
- Supreme Court is situated at Mumbai.
- In India, Supreme Court enjoys the power of Judicial Review.
- Separation of Powers is essential for Independent Judiciary.
- Each state is divided into districts that are presided over by District Judge.
- Each state has a Supreme Court.
- Indian Judiciary is integrated.
Answer.
- False
- True
- True
- True
- False
- True.
Judiciary D. Picture Interpretation
Look at the following picture and answer the questions that follow:
1. What does the picture represent?
Answer. It shows the Indian Supreme Court.
2. Where is it located?
Answer. It is located in New Delhi.
3. Why do wo need it?
Answer. We need the Supreme Court as rt is the apex court of India. All cases resolved in the High Court can appeal to the Supreme Court
