Extra 20 important long-answer questions and their answers from Chapter 4: The Judiciary of Class 8 Civics (CBSE):-
1. What is the role of the judiciary in India?
Answer:
Interprets Laws
– Ensures laws are implemented correctly.
Protects Fundamental Rights
– Ensures no law violates citizens' rights.
Resolves Disputes
– Handles conflicts between individuals, states, or government bodies.
Checks on Executive and Legislature
– Ensures government actions are constitutional.
Punishes Lawbreakers
– Imposes penalties and punishments for crimes.
Judicial Review
– Can declare laws unconstitutional if they violate the Constitution.
2. What are the functions of the Supreme Court?
Answer:
Highest Court of Appeal
– Hears cases from High Courts.
Guardian of the Constitution
– Ensures laws follow constitutional principles.
Original Jurisdiction
– Resolves disputes between states or between the central and state governments.
Appellate Jurisdiction
– Reviews cases from lower courts.
Judicial Review
– Declares laws unconstitutional if needed.
Public Interest Litigation (PIL)
– Allows citizens to approach the court for public issues.
3. What is judicial review? Why is it important?
Answer:
Definition
– The power of courts to examine laws and government actions.
Ensures Constitutionality
– Prevents unconstitutional laws from being enforced.
Prevents Misuse of Power
– Checks government overreach.
Protects Fundamental Rights
– Stops laws that violate rights.
Maintains Democracy
– Ensures balance between the three organs of government.
Example
– Striking down laws like the NJAC Act, which violated judicial independence.
4. What are the different levels of courts in India?
Answer:
Supreme Court
– The highest court in India.
High Courts
– Present in each state or group of states.
District Courts
– Handle civil and criminal cases at the district level.
Subordinate Courts
– Includes Magistrate Courts (criminal cases) and Civil Judge Courts (civil cases).
Special Courts
– Like Consumer Courts, Family Courts, and Tribunals.
Fast-Track Courts
– Handle urgent cases like crimes against women and children.
5. What is the importance of an independent judiciary?
Answer:
Ensures Fairness
– Judges make unbiased decisions.
Protects Fundamental Rights
– Stops government interference in citizens' rights.
Prevents Misuse of Power
– Keeps the executive and legislature in check.
Upholds Democracy
– Ensures laws follow democratic principles.
Handles Disputes
– Resolves conflicts without bias.
Example
– The Supreme Court’s rulings on reservations and rights of citizens.
6. What is the structure of the Supreme Court?
Answer:
Chief Justice of India (CJI)
– Head of the Supreme Court.
Judges
– Other judges appointed by the President.
Appointment Process
– CJI is appointed by the President in consultation with senior judges.
Tenure
– Judges serve until they reach 65 years.
Jurisdiction
– Handles constitutional, civil, and criminal cases.
Judicial Review
– Can strike down unconstitutional laws.
7. How are High Court judges appointed?
Answer:
Appointed by the President
– On the advice of the Chief Justice of India.
Consultation Process
– Involves discussions with the Governor and Chief Justice of the respective state.
Eligibility
– Must be an advocate or judge with at least 10 years of experience.
Tenure
– Retires at the age of 62.
Role
– Handles appeals from district courts.
Example
– Allahabad High Court is the largest High Court in India.
8. What is Public Interest Litigation (PIL)?
Answer:
Definition
– A legal case filed for public welfare rather than personal interest.
Allows Any Citizen to File
– Even those not directly affected by the issue.
Reduces Legal Costs
– Provides justice to the weaker sections of society.
Encourages Accountability
– Forces government and institutions to act responsibly.
Examples
– PILs for environmental protection, corruption cases.
Promotes Social Justice
– Used for issues like child labor and pollution.
9. What are Fundamental Rights? How does the judiciary protect them?
Answer:
Right to Equality
– No discrimination based on caste, religion, or gender.
Right to Freedom
– Includes speech, movement, and occupation.
Right Against Exploitation
– Prevents forced labor and child labor.
Right to Freedom of Religion
– Ensures religious independence.
Right to Constitutional Remedies
– Citizens can approach the court if their rights are violated.
Role of Judiciary
– Uses writs like Habeas Corpus and Mandamus to protect rights.
10. What are the different types of cases handled by the judiciary?
Answer:
Civil Cases
– Related to property, contracts, and family disputes.
Criminal Cases
– Involves crimes like theft, murder, and fraud.
Constitutional Cases
– Involves disputes about the interpretation of the Constitution.
Public Interest Litigation (PIL)
– Cases for public welfare.
Election Disputes
– Challenges related to election results.
Appeals Cases
– Cases where decisions from lower courts are challenged.
11. What is the difference between Civil and Criminal cases?
Answer:
Nature
– Civil cases deal with rights; criminal cases deal with crimes.
Examples
– Property disputes (civil), murder/theft (criminal).
Punishment
– Criminal cases lead to jail or fines; civil cases involve compensation.
Court Type
– Civil cases go to Civil Courts; criminal cases go to Magistrate or Sessions Courts.
Burden of Proof
– Higher in criminal cases.
Impact
– Civil cases affect individuals; criminal cases affect society.
12. How does the judiciary help in dispute resolution?
Answer:
Handles Civil Disputes
– Solves property, marriage, and business conflicts.
Criminal Justice
– Ensures punishment for offenders.
Inter-State Disputes
– Resolves conflicts between states.
Constitutional Disputes
– Clarifies constitutional provisions.
Alternative Dispute Resolution (ADR)
– Mediation and Lok Adalats for quicker settlements.
Example
– Cauvery water dispute between Karnataka and Tamil Nadu.
13. What are the different types of jurisdiction of the Supreme Court?
Answer:
Original Jurisdiction
– Handles cases directly filed in the Supreme Court, such as disputes between states.
Appellate Jurisdiction
– Hears appeals from lower courts in civil, criminal, and constitutional matters.
Advisory Jurisdiction
– The President can seek advice from the Supreme Court on legal matters.
Writ Jurisdiction
– Issues writs like Habeas Corpus and Mandamus to protect fundamental rights.
Judicial Review
– Can declare laws unconstitutional if they violate the Constitution.
Example
– Supreme Court's ruling on the Right to Privacy as a fundamental right.
14. What are the different types of writs issued by courts in India?
Answer:
Habeas Corpus
– Protects against unlawful detention.
Mandamus
– Orders a government official to perform their duty.
Prohibition
– Stops lower courts from exceeding their jurisdiction.
Certiorari
– Transfers a case to a higher court for fair judgment.
Quo Warranto
– Questions the authority of a person holding a public office.
Example
– Courts issuing Habeas Corpus to release illegally detained persons.
15. What is the difference between the Supreme Court and High Court?
Answer:
Jurisdiction
– Supreme Court has national jurisdiction; High Courts have jurisdiction over states.
Number
– One Supreme Court; multiple High Courts in India.
Judges
– The Supreme Court has more judges than any High Court.
Appeals
– High Court decisions can be challenged in the Supreme Court.
Power of Review
– Both courts can review laws, but Supreme Court decisions are final.
Example
– Supreme Court ruling in the Kesavananda Bharati case defined the Basic Structure of the Constitution.
16. What is the process of removal of judges in India?
Answer:
Called Impeachment
– A process to remove a judge for misconduct.
Grounds
– Violation of the Constitution, corruption, or incapacity.
Process Begins in Parliament
– A motion is passed in either house.
Two-Thirds Majority Needed
– Both Houses must approve the motion.
President’s Approval
– The President officially removes the judge.
Example
– Justice V. Ramaswami was the first judge to face impeachment proceedings.
17. What are Lok Adalats? What are their advantages?
Answer:
Definition
– Lok Adalats are people's courts that settle disputes outside the formal judicial system.
Speedy Justice
– Cases are resolved quickly without long legal procedures.
Low Cost
– No court fees, making justice affordable.
Binding Decisions
– Settlements reached are final and cannot be appealed.
Promotes Compromise
– Both parties agree on a fair solution.
Example
– Lok Adalats resolving land disputes and motor accident claims.
18. What is the significance of the Kesavananda Bharati case?
Answer:
Basic Structure Doctrine
– Established that Parliament cannot alter the basic structure of the Constitution.
Judicial Review Strengthened
– Courts can strike down amendments that violate the basic structure.
Protection of Fundamental Rights
– Ensured rights like equality and liberty remain intact.
Limited Parliamentary Power
– Prevents absolute power concentration.
Set Legal Precedent
– Used in later cases like the NJAC judgment.
Example
– Helped maintain democracy and constitutional integrity in India.
19. How does the judiciary act as a guardian of the Constitution?
Answer:
Interprets the Constitution
– Ensures laws align with constitutional principles.
Prevents Violation of Rights
– Strikes down laws that violate fundamental rights.
Checks Government Power
– Ensures legislative and executive actions are lawful.
Judicial Review
– Declares unconstitutional laws void.
Writs for Protection
– Issues writs to protect individual rights.
Example
– Striking down Section 66A of the IT Act for violating freedom of speech.
20. What are tribunals? How are they different from regular courts?
Answer:
Definition
– Tribunals are specialized courts that deal with specific legal matters.
Types
– Includes Administrative Tribunals, Tax Tribunals, and Consumer Dispute Tribunals.
Faster Resolution
– Less formal and quicker than regular courts.
Expert Judges
– Judges have subject-specific expertise.
Limited Jurisdiction
– Only handles cases related to specific laws.
Example
– National Green Tribunal (NGT) for environmental cases.
