1. Judiciary's Function Courts adjudicate a sizable number of cases. According to Class 8 Judiciary, the judiciary's functions fall into the following categories:
1. Judiciary's Function Courts adjudicate a sizable number of cases. According to Class 8 Judiciary, the judiciary's functions fall into the following categories:
Explanation:
The judiciary's functions fall into the following categories:
Settlement of Disputes: The court system offers the means of settling conflicts between individuals, between individuals and the government, between two state governments, and between the centre and state governments.
Judicial Review - The judiciary, which is ultimately tasked with interpreting the Constitution, also has the authority to nullify specific laws passed by the Parliament if it considers that doing so would violate the Constitution's fundamental principles. This process is referred to as judicial review.
Enforcing Basic Rights and Upholding the Law: Every Indian citizen has the right to file a case with the Supreme Court or the High
2. 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?
2. 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?
Explanation:
The task of "upholding the law and enforcing Basic Rights" can only be accomplished by an independent court. All people who go to court, regardless of the reason, will be fully protected by the law and the judicial system will be protected from outside interference.
In the event that someone feels their rights have been violated, they are free to file a lawsuit. The judge has the authority to declare a law passed by Parliament invalid if it infringes someone's fundamental rights.
3.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?
3.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?
Explanation:
The principle of judicial review is related to the right to constitutional remedies since both serve to defend an individual's rights from the actions of the state legislature or administration. If citizens believe that the government is violating their fundamental rights, they have the option to file a judicial case. If a legislative or executive action is found to have violated fundamental rights, the judicial review suggests that it should be invalidated. As a result, judicial review and the right to constitutional remedies are related since judicial review is used when the state violates any basic right. Based on its own inquiry, a higher court in this situation has the authority to overturn a lower court's decisions.
4.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 the class.
Supreme court
High court
Lower court
4.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 the class.
Supreme court
High court
Lower court
Explanation:
Laxman, his mother Shakuntala, and his brother-in-law Subhash Chandra received death sentences from the lower court (Trial Court).
Laxman, Shakuntala, and Subhash Chandra were exonerated in the High Court.
Supreme Court: Subhash Chandra was exonerated due to a lack of evidence, whereas Laxman and Shakuntala received life sentences.
5. Check the statements that are accurate and correct the ones that are false while keeping the Sudha Goel case in mind.
(a)The accused appealed the matter to the High Court because they disapproved of the Trial Court's ruling.
(b) After the Supreme Court issued its ruling, they went to the High Court.
(c) The accused may appeal the Supreme Court's decision to the Trial Court if they do not agree with it.
5. Check the statements that are accurate and correct the ones that are false while keeping the Sudha Goel case in mind.
(a)The accused appealed the matter to the High Court because they disapproved of the Trial Court's ruling.
(b) After the Supreme Court issued its ruling, they went to the High Court.
(c) The accused may appeal the Supreme Court's decision to the Trial Court if they do not agree with it.
Explanation:
(a) True
(b) Untrue. After the Trial Court rendered its judgement, they went to the High Court.
(c) Untrue. The accused cannot return to the Trial Court if they disagree with the Supreme Court's decision because it is the highest court in the land.
6. Why do you believe Public Interest Litigation (PIL) was established in the 1980s and why is it an important step in ensuring that everyone has access to justice?
6. Why do you believe Public Interest Litigation (PIL) was established in the 1980s and why is it an important step in ensuring that everyone has access to justice?
Explanation:
Early in the 1980s, the Supreme Court created the Public Interest Litigation (PIL) procedure to improve access to justice. It enabled any person or group to bring a PIL before the High Court or the Supreme Court on behalf of people whose rights had been violated. The legal system was substantially streamlined, and even a letter or telegraph addressed to the Supreme Court or the High Court might be considered a PIL. PIL was initially used to obtain justice on a wide range of concerns, such as liberating bonded labourers from cruel working circumstances.
7. Read the decision in the Olga Tellis vs Bombay Municipal Corporation case again. Write now what the judges meant when they said that the right to a livelihood was a component of the right to life in your own words.
7. Read the decision in the Olga Tellis vs Bombay Municipal Corporation case again. Write now what the judges meant when they said that the right to a livelihood was a component of the right to life in your own words.
Explanation:
The justices ruled that the Right to a Livelihood was a component of the Right to Life in the Olga Tellis v. Bombay Municipal Corporation case. According to them, life is more than just an animal's ability to survive; it requires a means of subsistence. In the aforementioned instance, they were homeless, poor, and slum dwellers with menial employment. They would lose their source of income if they were forced out of their ghetto, which would make them less likely to survive. Here is the basic requirements of any livelihood,
I.e. Food,clothes and shelter.
8. Create sentences using each of the glossary terms listed on the following page.
Apologize, To Appeal, Restitution, eviction, and violation.
8. Create sentences using each of the glossary terms listed on the following page.
Apologize, To Appeal, Restitution, eviction, and violation.
Explanation:
Acquit: The jury reached this decision because there wasn't enough evidence to convict the defendant of the offence.
To Appeal: After hearing from their attorney that the court's ruling was incorrect, the defendant made the decision to appeal to the High Court.
Compensation: The airlines gave the victim 50,000 rupees as payment for the difficulty caused by the delayed flight.
Eviction: The couple was about to be evicted since they had neglected to make their monthly payments to the bank.
Office staff members opposed the corporation for violating their rights.
9. Compose a concise essay on the judiciary's independence.
9. Compose a concise essay on the judiciary's independence.
Explanation:
The "separation of powers" is one facet of this independence. This means that the legislative and executive arms of government are prohibited from interfering in the judiciary's operations. The government is not a part of, and the courts do not act on their behalf. The appointment of Supreme Court and High Court judges is done without much interference from these other levels of government. It is also exceedingly challenging to get a judge out of this position after they have been appointed.
10.What is the design of the Indian legal system?
Or, What Is the Indian Court System Like?
Or describe the Indian judicial system that is in place.
10.What is the design of the Indian legal system?
Or, What Is the Indian Court System Like?
Or describe the Indian judicial system that is in place.
Explanation:
In our nation, there are three main tiers of courts. At the lower levels, there are several courts, but at the highest level, there is only one. Subordinate or district courts are those with which the majority of people deal. They tribunals typically in towns or at the district or Tehsil level, and they hear a variety of cases. Districts, governed by District Judges, are established throughout each state. The highest court in each state is known as the High Court. The Supreme Court is at the top.
11.Read Chapter 1's list of Basic Rights again. What relationship do you see between judicial review and the Right to Constitutional Remedies?
11.Read Chapter 1's list of Basic Rights again. What relationship do you see between judicial review and the Right to Constitutional Remedies?
Explanation:
In its power to defend a person's rights from the actions of the State legislature or executive, judicial review is related to the concept of constitutional remedies. Citizens have the option to petition the court under the Right to Constitutional Remedies if they believe that the State is violating one or more of their Fundamental Rights. If it is determined that a legislative or executive action violates fundamental rights, judicial review means that the action is invalid. Judiciary review, which is used when a Basic Right is violated, and the Right to Constitutional Remedies are thus related.
12. Describe the variations between criminal and civil law.
12. Describe the variations between criminal and civil law.
Explanation:
Criminal law:
1. Deals with conduct or deeds that the law deems to be crimes. Take theft, harassing a lady to increase the dowry, and murder, as examples.
2. Usually, it begins with the police receiving a First Information Report (FIR), at which point they launch an investigation and file a legal complaint.
3. The offender could receive a fine and jail time if found gguilty.
Civil Law:
1. Deals with any violation of a person's rights. For instance, disputes over the purchase or sale of real estate, the rent being paid, or divorce proceedings.
2. The affected party is required to file a petition with the appropriate court.
3.The court gives the specific relief asked for.
For instance, in a case between a landlord and a tenant, the flat to be vacated and Pending rent to be paid
13. List of Basic Rights again. What relationship do you see between judicial review and the Right to Constitutional Remedies?
13. List of Basic Rights again. What relationship do you see between judicial review and the Right to Constitutional Remedies?
Explanation:
In its power to defend a person's rights from the actions of the State legislature or executive, judicial review is related to the concept of constitutional remedies. Citizens have the option to petition the court under the Right to Constitutional Remedies if they believe that the State is violating one or more of their Fundamental Rights. If it is determined that a legislative or executive action violates fundamental rights, judicial review means that the action is invalid. Judiciary review, which is used when a Basic Right is violated, and the Right to Constitutional Remedies are thus related.
14. Reread the Fundamental Rights list . How are judicial review and the right to constitutional remedies related, in your opinion?
14. Reread the Fundamental Rights list . How are judicial review and the right to constitutional remedies related, in your opinion?
Explanation:
Judicial review is connected to the idea of constitutional remedies in that it has the authority to protect an individual's rights from the actions of the State legislature or administration. If citizens consider that the State is infringing on one or more of their Fundamental Rights, they have the opportunity to file a petition with the court under the Right to Constitutional Remedies. A legislative or executive action is invalid if it is found to infringe fundamental rights, according to judicial review. The right to constitutional remedies and judicial review, which are both employed when a basic right is violated, are so connected.
