Judiciary in Class 8 Civics explores the structure, functions, and significance of the judiciary in India. This chapter covers the judicial system, the importance of an independent judiciary, the process of resolving disputes, and the role of the judiciary in protecting the fundamental rights of citizens.

Supreme Court: The highest court in India, located in New Delhi. The Supreme Court of India is the highest judicial authority in the country. It has the power to interpret the Constitution, adjudicate disputes between states or between states and the central government, and protect the fundamental rights of citizens. Established on January 28, 1950, it serves as the final court of appeal.

High Courts: The highest courts at the state level. The first High Courts were established in 1862 in Calcutta, Bombay, and Madras. High Courts in India are the principal civil courts of original jurisdiction in each state and union territory. They handle significant civil and criminal cases and have the power to hear appeals from lower courts. Each High Court also has the authority to interpret the constitutionality of state laws and ensure the protection of citizens’ rights within their jurisdiction.

District Courts: Courts at the district level. District Courts in India are the primary courts of first instance in the judicial hierarchy. They handle both civil and criminal cases at the district level. Each district typically has a District Judge who oversees the administration of justice and ensures the fair application of laws.

Subordinate Courts: Courts below the district level, including civil and criminal courts. Subordinate Courts in India function under the supervision of the District Courts. These include the Civil Courts, which handle civil matters, and the Sessions Courts, which deal with criminal cases. Subordinate Courts ensure the delivery of justice at the grassroots level, providing a crucial foundation for the judicial system by resolving a large volume of cases efficiently.

Civil Cases: Disputes between individuals or organizations over rights, property, contracts, etc.

Criminal Cases: Cases involving actions considered offenses against the state or society.

Definition: The power of the judiciary to review and determine the constitutionality of laws and actions of the executive and legislative branches.

Significance: Ensures that laws and government actions comply with the Constitution.

Protection of Rights: The judiciary protects the fundamental rights of citizens by hearing cases related to their violation.

Example: Landmark judgments that have enforced the right to equality, freedom of speech, and protection against exploitation like 1. Kesavananda Bharati v. State of Kerala (1973), 2. Maneka Gandhi v. Union of India (1978).

Independent Judiciary: A judiciary that is free from interference by the executive or legislative branches, political pressure, and personal bias.

Significance: Ensures fair and impartial justice, upholds the rule of law, and protects the rights and freedoms of individuals.

Appointment Process: Judges are appointed through a transparent and merit-based process.

Tenure and Security of Service: Judges have a secure tenure and cannot be easily removed from office.

Separation of Powers: The judiciary operates independently from the executive and legislative branches of government.

Steps: Filing a complaint or petition, payment of court fees, and submission of relevant documents.

Procedures: Presentation of evidence, examination, and cross-examination of witnesses, and arguments by lawyers.

Judgment: The court delivers its judgment based on the evidence and arguments presented.

Appeal: Parties can appeal to a higher court if they are not satisfied with the judgment.

Right to Equality: Prohibits discrimination based on religion, race, caste, sex, or place of birth.

Right to Freedom: Includes freedom of speech, assembly, association, movement, residence, and profession.

Right against Exploitation: Prohibits human trafficking, forced labor, and child labor.

Right to Freedom of Religion: Guarantees religious freedom and ensures secularism.

Cultural and Educational Rights: Protects the rights of minorities to preserve their culture and establish educational institutions.

Right to Constitutional Remedies: Allows citizens to approach the courts to seek enforcement of their fundamental rights.

Definition: Legal action initiated in a court of law for the enforcement of public interest where the public or a particular group of people are affected.

Significance: Enables citizens to seek judicial intervention in matters of public interest, such as environmental protection, human rights, and government accountability.

Kesavananda Bharati Case: Established the doctrine of the basic structure of the Constitution.

Right to Privacy Case: Affirmed the right to privacy as a fundamental right under the Indian Constitution.

Olga Tellis vs. Bombay Municipal Corporation: This case recognized the right to livelihood as part of the right to life under Article 21 of the Constitution. The Supreme Court ruled that evicting pavement dwellers without providing alternative accommodation was unconstitutional.

Backlog of Cases: Large number of pending cases leading to delays in justice delivery.

Solutions: Judicial reforms, increasing the number of judges, and implementing efficient case management systems.

Barriers: High legal costs, complex procedures, and lack of awareness among citizens.

Solutions: Legal aid services, simplification of procedures, and public awareness campaigns.

As of December 19, 2022, the number of judges in India across various courts is as follows: The Supreme Court has a sanctioned strength of 34 judges, with all positions filled and no vacancies. High Courts in India have a sanctioned strength of 1,108 judges, of which 775 positions are filled, leaving 333 vacancies. District and Subordinate Courts have a sanctioned strength of 25,042 judges, with 19,192 currently working and 5,850 vacancies.

Activity: Visit a local court to observe the proceedings and understand the functioning of the judiciary.

Example: Document the steps involved in a civil or criminal case from filing to judgment.

Exercise: Research and present case studies on landmark judgments that have had a significant impact on society.

Example: Study the Kesavananda Bharati case and discuss its implications on the basic structure doctrine of the Constitution.

The chapter “Judiciary” provides a comprehensive understanding of the structure, functions, and significance of the judiciary in India. It highlights the importance of an independent judiciary, the process of resolving disputes, and the role of the judiciary in protecting fundamental rights. The chapter also addresses challenges facing the judiciary and suggests solutions for improving the justice delivery system.

• Supreme Court: The highest court in India.
• High Courts: The highest courts at the state level.
• District Courts: Courts at the district level.
• Subordinate Courts: Courts below the district level.
• Judicial Review: The power of the judiciary to review the constitutionality of laws and actions of the executive and legislative branches.
• Independent Judiciary: A judiciary free from interference by the executive or legislative branches.
• Public Interest Litigation (PIL): Legal action initiated for the enforcement of public interest.

• Kesavananda Bharati Case: Established the basic structure doctrine of the Constitution.
• Vishakha Case: Laid down guidelines for preventing sexual harassment at the workplace.
• Right to Privacy Case: Affirmed the right to privacy as a fundamental right.
• Olga Tellis vs. Bombay Municipal Corporation: Recognized the right to livelihood as part of the right to life under Article 21.

• Significance of Judicial Independence: Judicial independence is crucial for ensuring fair and impartial justice, upholding the rule of law, and protecting individual rights and freedoms.
• Role of Judicial Review: Judicial review ensures that laws and government actions comply with the Constitution, maintaining the supremacy of the Constitution.
• Challenges and Reforms: Addressing delays in justice delivery and improving accessibility to justice are essential for an efficient and effective judicial system.