Notes Class 8 Chapter 4 Civics 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.