Judiciary class 8th Civics Notes CBSE

Indian Judiciary

➥ The judiciary in India plays a crucial role in maintaining law and order, interpreting laws, and protecting individual rights. It ensures justice, acts as a check on executive and legislative branches, and upholds the Constitution.

1. Structure of the Judiciary

• ➥ Unified Judicial System: India follows a unified system with the Supreme Court as the highest authority, followed by High Courts and Subordinate Courts.

2. The Supreme Court

• Position: Highest judicial authority in India.
• Composition: Includes the Chief Justice and other judges, numbers set by Parliament.
• Appointment: Judges appointed by the President with consultations from existing judges.
• Qualifications: Indian citizenship; 5 years as a High Court judge or 10 years as an advocate.
• Term: Serve until age 65; can resign or face impeachment by Parliament.
• ➯ Jurisdiction:
  1. Original Jurisdiction: Resolves disputes between states or Union and state governments; addresses constitutional rights violations.
  2. Appellate Jurisdiction: Reviews appeals from High Courts.
  3. Advisory Jurisdiction: Advises the President on constitutional matters.
  4. Guardian of the Constitution: Ensures laws conform to the Constitution; can declare laws unconstitutional.

3. High Court

• Composition: Each High Court has a Chief Justice and other judges, numbers based on state needs.
• Appointment: Judges appointed by the President, in consultation with the Chief Justice of India and state officials.
• Term: Serve until age 62; may be removed for misconduct by parliamentary approval.
• Qualifications: Indian citizenship, under 62, with 10 years of judicial or advocacy experience.
• Pay Scale:This basic monthly pay is Rs.2,50,000 for Supreme Court Judges and Rs.2,80,000 for the Chief Justice of India (Justice Sanjiv Khanna on Thursday was appointed as the 51st Chief Justice of India).
• Jurisdiction:
  1. Original Jurisdiction: Handles cases involving fundamental rights, marriage, and inheritance.
  2. Appellate Jurisdiction: Reviews civil, criminal, and land revenue cases from subordinate courts.

4. Subordinate Courts

• Structure: Includes district courts for civil and criminal cases. District Judges handle civil cases; Sessions Judges handle criminal cases.
• Appointment: Judges appointed by the state Governor on recommendations from the state public service commission.
• Lok Adalat: People's Court for informal, quick resolutions, ensuring accessible justice.

5. Lok Adalat

• Purpose: Provides affordable, quick dispute resolution.
• Function: Resolves cases amicably, often without formal procedures, enhancing access to justice for all.

6. Branches of the Legal System

• Civil Law: Deals with disputes over property, contracts, family, and personal rights.
• Criminal Law: Addresses crimes like theft, assault, and murder.
• Constitutional Law: Covers issues related to interpreting the Constitution and fundamental rights.

7. Public Interest Litigation (PIL)

• ➥ PIL allows individuals or groups to approach the court on behalf of the public or disadvantaged sections. It addresses social issues, environmental concerns, and public interest matters, expanding access to justice.

8. Importance of Judiciary

• ➥ The judiciary ensures justice, upholds the rule of law, protects rights, and promotes democracy. It also serves as a check on government powers, enhancing accountability and transparency.