NCERT Solutions for Class 8 Social Science Civics Chapter 5 Judiciary
These Solutions are part of NCERT Solutions for Class 8 Social Science. Here we have given. NCERT Solutions for Class 8 Social Science Civics Chapter 5 Judiciary
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?
The independent judiciary is necessary to carry out this function because of the following reasons:
- Independent judiciary does not work under any pressure from the legislature or the executive. It can protect the Fundamental Rights.
- It works independently to give every citizen, whether rich or poor, equal rights and he/she cannot be discriminated against any other considerations.
- In a situation where politician or the executive have the power to appoint the judges, the judiciary will not be able to take independent decisions. For example a judge appointed by a politician will not be able to judge a case against that person on its merit. Rich and powerful might try to influence the judiciary. To prevent such a situation Constitution provides for an independent Judiciary.
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?
Judicial review of court decisions is carried out when the judgment given by a court violates any constitutional provision. In the Constitution, every citizen has equal rights and none can be discriminated against. If there is any violation, the judiciary is free to review the earlier judgments even by’ the Supreme Court.
- Lower Court: Laxman Kumar, Shakuntala and Subhash were sentenced to death.
- High Court: All the three were acquitted.
- Supreme Court: Sentenced Laxman and Shakuntala but acquitted Subhash due to lack of evidence.
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.
True. They went to the Supreme Court after the High Court had given its decision.
(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.
False.They can’t go to High Court after the Supreme Court’s decision as Supreme Court is the highest level Court of the country.
(c) If they do not like the Supreme Court verdict the accused cannot go back again to the Trial Court.
False. If they do not like the Supreme Court verdict the accused cannot go back again to the Trial Court.
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?
- Before the 1980s filing of litigation into the courts was very costly.
- The poor could not afford going to courts.
- Since 1980s, the people can file their case through a letter or a telegram addressed to the Supreme Court or the High Courts without spending any money. The Courts take it as PIL (Public Interest Litigation).
- Thus, it is a significant step in ensuring access to justice to all the citizens.
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 a part of the Right to Life.
In the Olgo Tellis vs Bombay Municipal Corporation case, the judges meant that the Right to Life had wider meaning. It included the Right to Livelihood. Without means of livelihood none can exist. By Livelihood one earns money to buy food, clothing and shelter. Hence, none can be denied of his livelihood.
Write a story around the theme, ‘Justice delayed is justice denied’.
Mohan was the only bread earner of his family. He was killed in an accident, leaving behind his widow and two daughters in 1980. His widow filed a case for compensation and a job on compassionate ground. The court lingered on the case for more than 28 years. She worked on the fields and her daughters worked as domestic help. With hard work, she was able to earn her livelihood. She borrowed money from landlord and got her daughters married to poor grooms. The case was decided and a compensation of ? 5 lakh was awarded to her. Now this money does not have any value for the widow. Justice has been delayed for 28 years. Hence, it is rightly said that justice delayed is justice denied.
Make sentences with each of the glossary words given ?
- Acquit: After a trial of 10 years in the Supreme Court, Mohan was acquitted of the charge of murdering his friend.
- To Appeal: I shall appeal in the higher court against judgment of the lower court which is against me and from which I am not satisfied
- Compensation: 5 lakh was paid to Ruchi as compensation for her husband’s accidental death.
- Eviction: Eviction proceedings are pending in the court of the Rent Commissioner.
- Violation: Violation of the untouchability act is punishable under the Constitution.
The following is a poster made by the Right to Food campaign.
- Read this poster and list the duties of the government to uphold the Right to Food.
- How does the phrase “Hungry stomachs, overflowing godowns! We will not accept it!!” used in the poster relate to the photo essay on the Right to Food
- To see that no one goes hungry.
- To provide food to all.
- To see that no one dies of hunger.
- To watch that everyone have balanced food.
This phrase relates to the photo essay on the Right to Food on page 65 because
- People in Rajasthan did not have sufficient food during drought.
- But the government godowns and those of Hoarders and Black-marketeers were full of grains.
- This situation was not acceptable to the people
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