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The Judiciary | Chapter 5 | Social and Political Life | Class 8th | Questions and Answers |
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Chapter 5: The
Judiciary
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Credits: Rimpy Sharma
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Exercises
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Question
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?
Answer.
a.     The independent judiciary is necessary to carry out this function because of the
following reasons:
b.    The
Independent judiciary does not work under any pressure from the legislature or
the executive. It can protect Fundamental Rights.
c.     It
works independently to give every citizen, whether rich or poor, equal rights
and he/she cannot be discriminated against in any other considerations.
d.    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.
e.     Rich and powerful might try to influence the judiciary. To prevent such a situation Constitution provides for an independent Judiciary.
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Question
2.
Re-read
the list of Fundamental Rights is provided in Chapter 1. How do you think the
Right to Constitutional Remedies connects to the idea of judicial review?
Answer.
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.
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Question
3.
In the
following illustration, fill in each tier with the judgment given by the
various courts in the Sudha Goel case. Check our responses with others in the
class.
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Answer.
Lower
court: The Lower Court convicted Sudha’s husband, his mother, and
his brother-in-law and sentenced all three of them to death.
High
Court: The High Court passed the judgment stating that Sudha’s
husband and the others were innocent and set them free.
Supreme
Court: The Supreme Court passed a judgment stating that Sudha’s
husband and his mother were guilty and sentenced them to prison for life. The
court freed the brother-in-law.
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Question
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.
Answer.
a.    Â
True
b.   Â
False: They went to the
Supreme Court after the High court had given its decision.
c.    Â
False: The verdict of
the Supreme Court is final.
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Question
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?
Answer.
Before the 1980s filing litigation into the courts was very costly. The poor could not afford to go
to court. Since the 1980s, 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 for all citizens.
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Question
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.
Answer.
Olga Tellis vs Bombay Municipal Corporation case portrays the plight of lakhs
of persons who live on pavements and in slums in the city of Bombay. They
constitute nearly half the population of the city. These men and women came to
Court to ask for a judgment that they cannot be evicted from their shelters
without being offered alternative accommodation. They rely for their rights on
Article 21 of the Constitution, which guarantees that no person shall be
deprived of his life except according to the procedure established by law.
They do not contend that
they have a right to live on the pavements. Their contention is that they have
a right to live, a right which cannot be exercised without the means of
livelihood. They have no option but to flock to big cities like Bombay, which
provide the means of bare subsistence. They only choose a pavement or a slum
which is nearest to their place of work. Their plea is that the right to life
is misleading without a right to the protection of the means by which alone
life can be lived.
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Question
7.
Write
a story around the theme, ‘Justice delayed is justice denied'.
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Question
8.
Make
sentences with each of the glossary words given on the next page.
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