NCERT Solution For Class 8 Social Science Civics, Chapter 5 – Judiciary

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NCERT Solution For Class 8 Political Science, Chapter 5 – Judiciary provides us with all-inclusive information on all concepts. As students would have to learn the basics about the subject in class 8, this curriculum for class 8 is comprehensive study material, which explains the concepts in a great way.

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 An independent judiciary is required to uphold the law and perform the task of enforcing fundamental rights. It intends to shield the judicial process from external influences and provides all legal protection to whomever is going to court for whatever reason.Anyone can approach the courts if they believe that their rights have been violated. If a law passed by Parliament violates someone’s fundamental rights, the judiciary has the power to declare such law null and void.

2. Re-read the list of Fundamental Rights provided in Chapter 1. How do you think the Right to Constitutional Remedies connects to the idea of judicial review?

Answer The right to constitutional remedies adds to the idea of ​​judicial review in its ability to protect the rights of an individual against the functioning of the state legislature or executive. It allows citizens to be transferred to court if they feel that their fundamental rights are being violated by the state administration. Judicial review implies that legislative or executive action is invalidated if fundamental rights are violated. Therefore, the rights of judicial review and constitutional remedies are interrelated because judicial review is practiced when a fundamental right is violated by the state. In this case, a High Court can quash the decisions of the lower court on the basis of its investigation.

3. In the following illustration, fill in each tier with the judgments given by the various courts in the Sudha Goel case. Check your responses with others in class.

Answer

1. Lower court (trial court): Laxman, his mother Shakuntala and his brother-in-law Subhash Chandra were sentenced to death.2. High Court: Laxman, Shakuntala and Subhash Chandra acquitted.3. Supreme Court: Laxman and Shakuntala were given life imprisonment, while Subhash Chandra was acquitted for lack of sufficient evidence.

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 High Court after the Trial Court had given its decision.

(c) False. If they do not like the Supreme Court verdict, the accused cannot go back again to the Trial Court, because the Supreme Court is the highest court in the judiciary pyramid.

5. Why do you think the introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring access to justice for all?

Answer In the early 1980s, the Supreme Court devised a mechanism of public interest litigation or public interest litigation to expand access to justice. It allowed any person or organization to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated. The legal process was greatly simplified and even a letter or telegram addressed to the Supreme Court or the High Court can be considered a public interest litigation. In the early years, PIL was used to secure justice on a large number of issues such as protecting bonded laborers from inhumane working conditions; And the release of prisoners in Bihar who were kept in jail even after the completion of their sentence was reserved.Thus, the introduction of a PIL is an important step to ensure access to justice for all.

6. Re-read excerpts from the judgment 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 In the case of Olga Tellis vs Bombay Municipal Corporation, the judges held that the right to livelihood was part of the right to life. He said that life does not mean only animal existence, it cannot live without means of livelihood. In the above case, people were poor and lived in slums, had small jobs and had no other place to live. For them, being evicted from their slum means denial of their livelihood resulting in deprivation of life. It is linked to the basic requirements of any livelihood i.e. the right to life from food, clothing and shelter.

8. Make sentences with each of the glossary words given on the next page.

Acquit, To appeal, Compensation, Eviction, Violation.

Answer

1. Acquit: The jury decided to absolve the convict based on the lack of sufficient evidence to convict him of the crime.
2. To appeal: The defendant decided to appeal to the High Court after his lawyer did not pronounce the decision of the court correct.
3. Compensation: In compensation for the trouble caused by the flight delay, the airlines awarded the victim fifty thousand rupees.

4. Eviction: The couple faced eviction as they failed to pay monthly installments to the bank.5. Violation: The employees of the office objected to the company for violation of their rights.

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