NCERT Solutions Class 8, Social Science, Civics, Chapter- 4, Judiciary.
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?
Solution:
The independent judiciary is necessary to carry out this function because of the following reasons:
- The 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 a politician or the executive has 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.
2. Re-read the list of Fundamental Rights provided in Chapter "The Indian Constitution". How do you think the Right to Constitutional Remedies connects to the idea of judicial review?
Solution:
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.
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.
Solution:
Lower Court (Trial Court): Laxman, his mother Shakuntala and his brother-in-law Subhash Chandra were sentenced to death
High Court: Laxman, Shakuntala and Subhash Chandra were acquitted.
Supreme Court: Laxman, 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.
Solution:
(a) True
(b) They went to the High Court after the Trial Court had given its decision.
(c) If they do not like the Supreme Court verdict, the accused cannot go back again to the Trial Court since the Supreme Court is at the highest rung of 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?
Solution:
The introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring access to justice for all because it also keeps in mind the interests of the illiterate and poor who are not educated enough or cannot afford to access the Indian legal system for justice against exploitation or violation of their basic human and Fundamental Rights.
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.
Solution:
In Olga Tellis vs. Bombay Municipal Corporation case, the judges said that the Right to Livelihood was part of the Right to Life. They stated that life does not merely imply an animal existence; it cannot be lived without a means of living, that is, "the means of livelihood". The judges conferred that eviction from a pavement or slum is deprivation of means of livelihood for the poor who cannot afford to live anywhere else. They take up small jobs in surrounding areas and to lose their pavement or slum would lead to loss of a job resulting in loss of a means of livelihood. Consequently, leading to "deprivation of life". This is how the judges connected Right to Livelihood to the Right to Life.
7. Write a story around the theme, ‘Justice delayed is justice denied’.
Solution:
Ramu owned a small patch of land in his village. He had a small hut at one corner of the land and tilled remaining portion to grow some crops. The crop was barely enough to sustain his family but provided considerable support to his meager income. An influential person from the same village captured Ramu’s land and threatened Ramu with dire consequences. Ramu mustered up some courage to file a case against his fellow villager. The repeated dates for court hearings meant Ramu had to skip work and had to spend money on lawyers and travel bills. The case protracted for fifteen years. It took its toll in the form of Ramu’s falling health and falling income. Ramu’s wife died because of lack of proper medical care. Ramu could somehow manage to arrange for his daughter’s marriage. Now, he has no physical strength left in him to pursue the case. He is too poor to even fend for himself and has decided to give up. He blames his plight on his bad luck.
8. Make sentences with each of the glossary words given on the next page.
Acquit, To Appeal, Compensation, Eviction, Violation
Solution:
(a) Acquit - The strong case in favour of Ravi led the High Court to acquit him of all charges of guilt that the Trial Court had levied on him.
(b) To appeal - The women’s organization lent strong support to the domestic maid to appeal against charges of theft that her employer had accused her of.
(c) Compensation - The state government paid compensation to the victims’ families after an unfortunate train accident that killed hundreds.
(d) Eviction - The company’s claims to land occupied by slum-dwellers led to the poor people’s eviction from their homes, which were bull-dozed by municipal authorities.
(e) Violation- The judiciary takes stringent action against any violation of Fundamental Rights.
9. 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 ?
Solution:
The duties of the government to uphold the Right to Food include providing for the poor who cannot afford basic meals; taking care of the elderly, widows, disabled and children who might not be able to earn a livelihood; and, ensuring that no one dies due to malnutrition or hunger.
The phrase “Hungry stomachs, overflowing godowns! We will not accept it !!” relates to the photo essay on the Right to Food because it highlights the droughts in Rajasthan and Orissa in 2001 when millions faced acute shortage of food even though government godowns were overflowing with grain which was being eaten away by rats. The People’s Union of Civil Liberties filed a PIL in the Supreme Court against the guilty state governments who were then directed to provide more employment, food at cheaper rates and mid-day meals for children. In this sad situation of “hunger amidst plenty”, the filed PIL helped bring relief to many.
