Chapter 5: Judiciary

These NCERT Class 8 Polity Chapter 5 notes explain the structure and importance of the judiciary in India. The chapter highlights how courts interpret laws, settle disputes and protect citizens’ rights in a democratic system.

The judiciary plays a central role in maintaining the rule of law and ensuring that no individual or authority is above the law. It acts as a guardian of the Constitution and Fundamental Rights.

Chapter 5 – Judiciary discusses the three-tier judicial system in India, independence of judiciary, rule of law, judicial review, Public Interest Litigation (PIL) and access to justice. It also explains how courts act as a check on the legislature and executive.

This chapter is extremely important for understanding constitutional governance, separation of powers and protection of rights and is highly relevant for school exams and BPSC foundation preparation.

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1. Meaning of judiciary

• The Judiciary is the system of courts in India.
• It interprets laws passed by the legislature.
• It resolves disputes between individuals and institutions.
• It protects the rights of citizens.
• It punishes those who break the law and acts as guardian of the Constitution and Fundamental Rights.

2. Why do we need judiciary

• It provides justice to citizens.
• It checks misuse of power by the government.
• It protects weaker and vulnerable sections.
• It ensures the rule of law in society.
• Courts prevent arbitrary actions in a democracy like India.

3. Rule of law

• Rule of law means law is supreme.
• Everyone is equal before the law.
• No one is above the law.
• Government actions must follow legal procedures.
• A minister and a common citizen are tried in the same court.

4. Equality before law

• The same law applies to all citizens.
• Rich and poor are treated equally.
• No special privileges are allowed before courts.
• Equal protection of laws is guaranteed.
• It forms the foundation of Indian democracy.

5. Structure of Indian judiciary

• The Indian judiciary has three levels.
• The Supreme Court is at the top.
• High Courts function at the state level.
• District and subordinate courts work at the local level.
• This system is called an Integrated Judicial System.

6. Supreme Court

• The Supreme Court is the highest court of India.
• It is the final court of appeal.
• It protects the Constitution.
• It safeguards Fundamental Rights.
• It can strike down unconstitutional laws.

7. High courts

• High Courts function at the state level.
• They supervise lower courts.
• They hear appeals from district courts.
• They protect Fundamental Rights.
• They ensure proper administration of justice in states.

8. District and subordinate courts

• These courts deal with most civil and criminal cases.
• They are closest to the people.
• They include District Courts.
• They include Sessions Courts.
• They include Magistrate Courts.

9. Independence of judiciary

• The judiciary must be free from government control.
• It ensures fair and impartial justice.
• It protects citizens’ rights.
• It prevents political interference.
• Without independence, powerful people may escape punishment.

10. How independence is maintained

• Judges have security of tenure.
• The executive cannot easily remove judges.
• Judges are appointed through constitutional procedures.
• Salaries and conditions are protected by law.
• Courts function without interference from other organs.

11. Role of judiciary in a democracy

• Judiciary protects democratic values.
• It controls misuse of power by legislature and executive.
• It upholds the Constitution.
• It settles disputes between states and centre.
• It acts as a check on other branches of government.

12. Judicial review

• Judicial review allows courts to examine laws.
• Courts can declare laws unconstitutional.
• It ensures laws follow constitutional principles.
• It protects Fundamental Rights from violation.
• Parliament cannot violate constitutional limits.

13. Public interest litigation

• Public Interest Litigation (PIL) allows any citizen to approach court.
• It is filed for public welfare issues.
• It helps protect the rights of poor and disadvantaged.
• It addresses issues like pollution and bonded labour.
• It increases access to justice.

14. Access to justice

• Access to justice means everyone should receive justice.
• Justice should not depend on money or power.
• Free legal aid is provided to the poor.
• Lok Adalats help in quick settlement of disputes.
• It ensures fairness in the legal system.

15. Judicial activism

• Judicial activism refers to proactive role of courts.
• Courts actively protect rights and justice.
• They issue guidelines in absence of clear laws.
• They intervene in public interest matters.
• Environmental protection orders are examples.

16. Challenges before judiciary

• Delay in justice due to pending cases.
• Huge pendency of cases in courts.
• Expensive legal procedures.
• Limited access in rural areas.
• Justice delayed is justice denied.

17. Judiciary and fundamental rights

• Courts protect the Right to Equality.
• Courts safeguard the Right to Freedom.
• Courts defend the Right to Life.
• They prevent illegal arrests and detention.
• They ensure constitutional remedies.

18. NCERT high-priority focus areas

• Meaning of rule of law.
• Independence of judiciary.
• Structure of courts in India.
• Concept of judicial review.
• Importance of public interest litigation.

Understanding NCERT Class 8 Polity Chapter 5 is essential to learn how the judiciary safeguards democracy and protects Fundamental Rights. The chapter clearly explains the structure of courts and the importance of independence of judiciary.

The concepts discussed help students understand rule of law, judicial review and access to justice in India. It is highly useful for school examinations and BPSC foundation studies.

Continue reading NCERT Class 8 Polity Chapter 6 – Understanding Our Criminal Justice System to understand how crimes are investigated and justice is delivered in India.

FAQs

Q1. What is judiciary?
Judiciary is the system of courts that interprets laws, resolves disputes and protects Fundamental Rights.

Q2. What are the levels of Indian judiciary?
The Indian judiciary has three levels – Supreme Court, High Courts and District/Subordinate Courts.

Q3. What is rule of law?
Rule of law means law is supreme and everyone is equal before the law.

Q4. What is judicial review?
Judicial review is the power of courts to examine laws and declare them unconstitutional if they violate the Constitution.

Q5. Why is Chapter 5 important for exams?
It explains rule of law, independence of judiciary and judicial review, which are important for school exams and BPSC preparation.

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