A. 1. c. 2. b. 3. b. 4. d.
B. 1. legislature, executive
- judiciary 3. financially
- Supreme, lawyers 5. district
- elders
- Lok Adalats, social workers
- Civil, criminal
- President 10. Article 21
C. 1. T 2. F 3. T 4. T 5. T
D. 1. c. 2. d. 3. a. 4. e. 5. b.
E. 1. The primary function of the
judiciary in India `is to ensure that
there is rule of law and equal
treatment by law and as a custodian
of law, to see that people adhere to
the laws. - The judiciary works at different
levels. At each level, there is a
network of courts.
• Supreme Court
• High Courts
• Subordinate Courts
• Revenue Courts
• Nyaya Panchayats
• Lok Adalats - Impeachment is a process through
which people in high positions like
the President or the Chief Justice of
India can be removed from power
through a procedure called
impeachment. - Civil cases deal with matters such
as property, marriage, inheritance
and money. - Public Interest Litigation (PIL)
Cases filed on behalf of or to
safeguard the interests of the
common people.
F. 1. To ensure the independence of
judiciary, the following steps have
been taken-
• The judges do not belong to any
political party , instead a person
must be a lawyer to become a judge
• The position of the judge is
permanent and till retirement. So a
judge is able to work in a peaceful
manner for long
• Judiciary is not financially dependent
on the executive or the legislature
nor do these organs decide the
remuneration of the judges - The powers of the Supreme Court
are-
• Original jurisdiction which says that
some cases can be only heard in the
Supreme court
• Appellate jurisdiction which means
that cases can travel from the lower
courts to the higher courts in the
verdict is not satisfactory
• Advisory jurisdiction means that it
has special advisory powers where
even the President might seek an
advise from the court or the court
might advise the lower courts to
function properly
• Supervisory jurisdiction entails that
it oversea and supervise the
functioning of the lower courts
• Court of record means that all the
cases are recorded properly in case
they need to be referred to in the
future - If the verdict served by the lower
court is not satisfactory then an
appeal can be made from the lower
court to the higher court for
rehearing of the case. - The Chief Justice of the High Court
is appointed by the President in
consultation with the Chief Justice
of India and the Governor of the
state. The other judges are appointed
keeping in mind the size of the state.
If the state is big then more number
of judges are appointed. They are
appointed by the President in
consultation with Chief Justice of
India, the Governor of the state and
the Chief Justice of the concerned
High court. - In reality, accessibility to courts can
be hindered by several factors:
Cost Barriers: High legal fees,
court costs, and expenses associated
with litigation often prevent many
from seeking legal recourse.
Procedural Complexity: Complex
legal procedures and bureaucratic
hurdles may intimidate or confuse
individuals attempting to navigate
the legal system.
Geographical Constraints:
Unequal distribution of courts and
legal services can limit physical
access, especially in rural or
underserved areas.
Legal Representation: Lack of
affordable or accessible legal
representation can leave individuals
without adequate support to present
their case effectively.
Social and Economic Disparities:
Socioeconomic factors, including
education levels, language barriers,
and discrimination, can further
marginalize certain groups, making
it challenging for them to access
justice on an equal footing.
G. 1. Civil laws govern disputes between
individuals or entities, focusing on
resolving conflicts and enforcing
private rights (e.g., contracts,
property disputes). Criminal laws,
on the other hand, regulate conduct
deemed harmful to society,
prosecuting offenders on behalf of
the state for offenses like theft,
assault, or murder. In civil cases, the
aim is typically to provide
compensation or enforce obligations,
while criminal cases seek punishment
and rehabilitation. The burden of
proof in civil cases rests on the
plaintiff, proving their case by a
preponderance of evidence, whereas
in criminal cases, the prosecution
must prove guilt beyond a reasonable
doubt. - The Supreme Court is the guardian
of the Constitution and the highest
court of appeal. The jurisdiction,
functions and responsibilities of the
Supreme Court are defined by the
Constitution. It is located in New
Delhi.
High Courts are the highest courts
at the state level. They function
under the supervision of the Supreme
Court.
H. 1. We need judiciary to ensure justice
and uphold the rule of law in
society. It interprets and applies laws
impartially, resolves disputes fairly,
and protects individual rights and
freedoms. The judiciary acts as a
check on the executive and legislative
branches, ensuring accountability
and preventing abuse of power.
Without a judiciary, there would be
no mechanism to enforce laws,
settle legal disputes, or safeguard
fundamental rights. - The independence of the judiciary
is crucial because:
Checks and Balances: It allows the
judiciary to act as a check on the
executive and legislative branches,
ensuring a separation of powers and
preventing concentration of
authority.
Impartiality and Fairness: Judicial
independence enables judges to
make decisions based on law and
evidence, free from undue influence
or pressure, ensuring impartiality
and fairness in legal proceedings.
Protection of Rights: It safeguards
fundamental rights and freedoms by
enabling courts to uphold
constitutional principles and rule on
matters without interference from
political or other external influences.
Public Confidence: It fosters public
trust in the legal system, as citizens
believe their cases will be adjudicated
fairly and without bias.
Rule of Law: Judicial independence
is essential for maintaining the rule
of law, where laws are applied
uniformly and consistently, and all
individuals are equal before the law. - The Supreme Court of India is
referred to as the guardian of the
constitution due to several reasons:
Constitutional Interpretation: It
has the authority to interpret the
Constitution and settle disputes
arising from its interpretation,
ensuring its principles and provisions
are upheld.
Protector of Fundamental Rights:
The Supreme Court safeguards
fundamental rights guaranteed by
the Constitution, ensuring they are
not violated by legislative or
executive actions.
Judicial Review: It exercises the
power of judicial review, reviewing
the constitutionality of laws and
government actions to ensure they
conform to the Constitution.
Final Appellate Authority: As the
highest court of appeal, its decisions
set precedents that guide lower
courts and clarify constitutional
principles across the country.
Defender of Democracy: By
ensuring adherence to constitutional
principles and democratic values,
the Supreme Court plays a pivotal
role in maintaining the integrity and
stability of India’s democratic
system.
DO AND LEARN
Assertion And Reasoning - a. 2. a.
Application/Competency Based Question
Ideally, all citizens of India can access
the courts in this country. This implies
that every citizen has a right to justice
through the courts. Unfortunately, a
vast majority of the poor find it
difficult to access the courts. How do
you think can economical and timely
justice be provided to the poor?
Ans – Economical and timely justice
for the poor can be ensured through
measures such as establishing more
legal aid clinics and services in rural
and urban areas, reducing or waiving
court fees for those with limited
financial means, simplifying legal
procedures to make them more
accessible, training more paralegals
and community advocates, and
promoting alternative dispute
resolution mechanisms like mediation.
These steps would help bridge the gap
and ensure that all citizens, regardless
of economic status, can access justice
effectively.
Hots - The Chief Justice of India (CJI) is the
head of the judiciary of India and the
Supreme Court of India. As head of the
supreme court, the chief justice is
responsible for the allocation of cases
and appointment of constitutional
benches which deal with important
matters of law.
Picture Based Questions - Statue of Justice
- Apparently, its original significance was
that the judicial system was tolerating
abuse or ignorance of aspects of the law.
However, in modern times, the blindfold
represents the impartiality and objectivity
of the law and that it doesn’t let outside
factors, such as politics, wealth or fame,
influence its decisions.
WORKSHEET
A. 1. independence - Supreme Court of India
- two
- Revenue
B. 1. T 2. T 3. T 4. F
C. 1. d 2. d 3. c 4. a