These DAV SST Book Class 8 Solutions Pdf and DAV Class 8 SST Chapter 20 Question Answer – The Union Government: The Judiciary are thoughtfully prepared by experienced teachers.
DAV Class 8 SST Ch 20 Question Answer – The Union Government: The Judiciary
DAV Class 8 SST Ch 20 Solutions – The Union Government: The Judiciary
Something to Know
A. Tick (✓) the correct option.
Question 1.
The Lok Adalat is generally presided over by-
(a) a sitting judge
(b) retired judge
(c) District Collector
(d) judge of the district court
Answer:
(b) retired judge
Question 2.
Who among the following does not work under the Board of Revenue?
(a) Collector
(b) Tehsildar
(c) Metropolitan Magistrate
(d) Commissioner
Answer:
(c) Metropolitan Magistrate
Question 3.
A judge of the Supreme Court may continue to remain in office till the attainment of-
(a) 62 years
(b) 63 years
(c) 64 years
(d) 65 years
Answer:
(d) 65 years
Question 4.
Which one of the following statements about Public Interest Litigation is false?
(a) It was devised by the Supreme Court of India.
(b) It has proved to be a boon for the upper middle class people of India.
(c) It has brought legal aid to many poor, illiterate and ignorant Indians.
(d) PIL is related to matters of urgent public importance.
Answer:
(b) It has proved to be a boon for the upper middle class people of India.
Question 5.
Which case related to the following subjects is a civil case?
(a) marriage
(b) robbery
(c) murder
(d) cheating
Answer:
(a) marriage
B. Fill in the blanks.
1. The highest Revenue Court in the district is the ________ which deals with the cases of land revenue.
Answer:
Board of Revenue
2. Any law declared ________, immediately ceases to remain in force.
Answer:
unconstitutional
3. The criminal cases begin with the lodging of a ________
Answer:
First Information Report
4. Legal cases can be either ________ or criminal in nature.
Answer:
Civil
5. The ________ Court is the guardian of the Indian Constitution.
Answer:
Supreme
C. Write True or False for the following statements.
1. Tax evasion is a crime.
Answer:
True
2. The judges of the High Court are appointed by the Chief Justice of India.
Answer:
False
3. The Court of the Sessions Judge is the highest Civil Court in a district.
Answer:
True
4. The High Court has the power of Judicial Review.
Answer:
False
5. Subordinate Courts are equally competent to interpret the Constitution of India.
Answer:
False
D. Answer the following questions in brief.
Question 1.
What is meant by independence of judiciary? Give any two examples to prove that Indian Judiciary is independent.
Answer:
Justice is possible only if the judiciary is independent, impartial and unbiased. The judiciary not only protects the rights of the citizens but also resolves various disputes arising out of civil cases, criminal cases and constitutional matters without any pressure from the executive or the legislature.
Question 2.
Differentiate between civil and criminal cases with the help of examples.
Answer:
Civil cases: All the civil cases pertaining to property, contracts, agreements, landlord-tenant disputes, money, marriage disputes which do not originate in the High Court, are heard in the District Courts. The District Court is the highest civil court in a district. Criminal cases: For criminal cases in a district, the highest court is the court of the Sessions Judge. It deals with matters like theft, murder, etc.
Question 3.
Describe the composition of Criminal Courts and Revenue Courts.
Answer:
Criminal Courts: For criminal cases in a district, the highest court is the court of the Sessions Judge. Below this court, there are courts of Magistrate of First, Second and Third Class. In big cities like Delhi, Kolkata, first class magistrates are called Metropolitan Magistrates. Revenue Courts: The highest revenue court in a district is the Board of Revenue which deals with the cases of land revenue. Courts of Commissioner, Collector, Tehsildar and Assistant Tehsildar work under the Board of Revenue which hears the final appeals against the lower revenue courts.
Question 4.
What qualifications are required to be a judge of the Supreme Court? How can a judge of the Supreme Court be removed?
OR
Mention any three qualifications required to be a judge of the Supreme Court. How are the judges of the Supreme Court appointed or removed if need be? (DAV Board 2013)
Answer:
To be eligible to become a judge of the Supreme Court, a person must be:
- a citizen of India
- a judge of the High Court/Courts for a minimum period of five years, or
- a distinguished jurist in the opinion of the President of India.
The Chief Justice and all other judges of the Supreme Court remain in office till they attain the age of 65 years. Once a judge is appointed, he/she cannot be removed from office under normal circumstances. He/She can be removed, only on grounds of proved misbehaviour or incapacity to discharge function, by the President on the basis of a resolution of impeachment passed by each House of the parliament by a special majority during the same session.
Question 5.
‘India has a single unified and integrated judicial system.’ Explain.
Answer:
It is a unique feature of our federal democratic set up. It has the power to supervise and control the working of entire judicial system in India. It ensures justice to all. The Supreme Court is the highest judicial authority followed by the High Courts in the states and then the subordinate courts in every district. The lowest court in the judicial hierarchical order is the court of magistrate. The lower courts are controlled and supervised by the High Courts. A judgement given by the lower court can be challengd in the higher court. Similarly an individual can go to the Supreme Court of India to appeal against the judgement of a High Court. The law declared by the Supreme Court shall be binding on all courts within the territory of India.
E. Answer the following questions.
Question 1.
Briefly describe any five powers and functions of the Supreme Court of India.
Answer:
The Supreme Court of India performs many important functions and exercises different types of jurisdiction, such as original, appellate, advisory and supervisory jurisdiction.
(i) Original Jurisdiction: There are certain cases that can only be decided by the Supreme Court. They have to originate in the Supreme Court. Among these are:
- disputes between the Union Government and one or more state governments.
- between the two or more states
- Inter-state water disputes regarding sharing of water and power.
(ii) Appellate Jurisdiction: This jurisdiction is exercised to hear appeals against the decisions of the High Courts and other courts regarding constitutional, civil and criminal cases. This jurisdiction is applicable to cases involving interpretation of the Constitution, cases sent by the High Courts and the criminal cases where a High Court changes the decision of a lower court and gives a death sentence. The Supreme Court can also review its own decisions taken earlier.
(iii) Advisory Jurisdiction: It covers Constitutional issues on matters of public importance if the President of India desires to obtain the opinion of the Supreme Court. However, any such opinion given by the Supreme Court is not binding on the President.
(iv) Supervisory Jurisdiction: The Supreme Court supervises the functioning of all the courts below it.
(v) Court of Record: The Supreme Court functions as the Court of Record under which the proceedings of the court are preserved. These records can be cited as precedents in future in all the courts in the country.
(vi) Protector of Fundamental Rights: The Supreme Court has the power to declare a law passed by the legislature null and void, if it encroaches upon the Fundamental Rights of the people.
(vii) Guardian of the Constitution: The Supreme Court is the Guardian of our Constitution. So, the Court does not allow either the executive or the legislative to violate any provision of the Constitution. The Supreme Court alone has the authority to interpret the Constitution.
(viii) Power of Judicial Review: It is the power of the Supreme Court to review the laws enacted by the Parliament or the State Legislatures to ascertain whether they are in conformity with the provisions of the Constitution or not. Any law declared unconstitutional, immediately ceases to remain in force. In this way, the Apex Court protects the rights of the people and guards the Constitution. Judicial review is an important means of protecting and enforcing the rights of the people.
Question 2.
Explain the main powers and functions of the High Courts.
Answer:
The main powers and functions of the High Courts are given below.
- Under its original jurisdiction, the High Court deals with cases involving violation of Fundamental Rights, disputes related to the election of an MP or MLA where interpretation of the Constitution is required.
- The High Court also deals with the cases pertaining to marriage, divorce, laws, wills of the deceased persons, etc.
- The High Court also has the power of judicial review. It can transfer to itself those cases where substantial question of law is involved and require interpretation of the Constitution.
- The High Court controls and supervises the working of the Subordinate Courts in the state.
- Like the Supreme Court of India, the High Court is also a Court of Record. It has the power to punish for contempt of itself. All decisions of the High Court are binding on the Lower Courts. These decisions or judgements serve as laws and can be cited by the Lower Courts throughout the country.
Question 3.
State the significance of Public Interest Litigation in the Indian judicial system.
Answer:
The concept of Public Interest Litigation was devised by the Supreme Court of India to enable the poor and illiterate, who are in vast majority in our country, to seek justice speedily and comfortably. Now any person from the public, whether directly affected or not, may write an ordinaiy letter or even a post card to draw the attention of the High Court or the Supreme Court towards any matter of serious public importance. If the court is convinced that the matter is of public interest, it will take up and decide the case. PIL has proven to be a boon for the common man and has set right a number of wrongs committed by an individual or society.
Question 4.
Explain the concept of Lok Adalats. Why are they called People’s Courts?
Answer:
The process of seeking justice is time consuming and expensive in our country. Besides, thousands of cases are lying pending in various courts. Lok Adalats have been established to simplify the legal procedures, reduce the cost of litigation and to provide speedy justice. Lok Adalats are normally presided over by a retired judge. The disputing parties plead their cases themselves. No advocate or pleader is allowed to argue the case. Even witnesses are not examined. Efforts are made to settle disputes through compromise, mutual agreement and on-the-spot decisons.
Lok Adalats are called people’s courts because they are easily accessible to the common people.
Question 5.
Describe the composition of the High Court. Explain the qualifications, tenure and the method of removal of the High Court judges.
Answer:
Composition: The High Court consists of a Chief Justice and some other judges. The number of judges varies from state to state, depending on its size and population. The Chief Justice of a High Court is appointed by the President of India in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned state.
Similarly, the other judges are also appointed by the President on the advice of the Chief Justice of India, the Governor of State and the Chief Justice of the High Court of the concerned state. Qualifications: Any citizen of India who has been an advocate in one or more High Courts for at least 10 years or holder of a judicial office in Subordinate Courts for a period of 10 years, is eligible for appointment as judge in a High Court.
Tenure and Removal: A judge may continue to remain in office till the attainment of 62 years of age. The judges of the High Court can be removed from office by the President of India in the same manner as the judges of the Supreme Court through impeachment.
Value Based Question
According to a recent report, Maharashtra is facing a drought-like situation as the underground water level has decreased alarmingly in many districts. People are facing water scarcity in these areas.
Question 1.
What can the citizens do to draw the attention of the Court to the problem of water scarcity?
Answer:
Citizen can submit water scarcity related news and photographs of particular regions in the court. They can inform the court that many villages and cities in India are facing severe water shortage. Thousands of farmers have committed suicide in regions like Marathwada and Vidarbha of Maharashtra due to drought-like situation. If necessary steps are not taken immediately, then there will be further destruction. On the advice of the court, the government should formulate a plan to come up with a permanent solution of water scarcity.
Question 2.
Why is water conservation considered as the need of the hour? Explain.
Answer:
Water supports all forms of life on the earth and is a very precious natural resource. It is useful in a number of ways, but rapid population growth has fast depleted the reservoirs of freshwater. Deforestation, construction of buildings, roads and industries have also depleted the underground water reserves. One of the significant challenges of the 21 st century is access to and adequate supply of clean water. Thus, it is imperative that we manage our water resources carefully and conserve it for future use.
Map Skill
On an outline political map of India, locate and label the following:
(a) The place where the first Lok Adalat was held. – Delhi
(b) The place where Punjab and Haryana High Court is located. – Chandigarh
(c) The three North-Eastern States where High Courts have been set-up. – Manipur, Tripura and Meghalaya
Answer:
Something to Do
Question 1.
Collect any three real life stories to support the statement that ‘Justice delayed is justice denied’. Discuss them in the class.
Answer:
Do yourself.
Question 2.
Browse the internet and find out some instances of cases which the High Courts have transferred to themselves from the Lower Courts.
Answer:
Do yourself.
Question 3.
Explore yourself – The mid-day meals provided in schools were the result of a Public Interest Litigation. Find out the details as to who filed the PIL and how it led to the decision of providing mid-day meals.
Answer:
Do yourself.
DAV Class 8 Social Science Chapter 20 Question Answer – The Union Government: The Judiciary
A. Tick (✓) the correct option.
Question 1.
One of the following which does not come under civil cases is-
(a) cheating
(b) dispute over property
(c) dispute over marriage
(d) all of the above
Answer:
(a) cheating
Question 2.
An FIR is lodged with the-
(a) police
(b) public prosecutor
(c) defence lawyer
(d) judge
Answer:
(a) police
Question 3.
FIR stands for-
(a) First Information Record
(b) Fast Information Record
(c) First Information Report
(d) False Inspection Report
Answer:
(c) First Information Report
Question 4.
The Supreme Court was established on-
(a) January 1, 1949
(b) January 26, 1950
(c) August 15, 1947
(d) January 26, 1958
Answer:
(b) January 26, 1950
Question 5.
The Supreme Court is called the-
(a) protector of our Fundamental Rights
(b) guardian of our Constitution
(c) court of record
(d) all of these
Answer:
(d) all of these
Question 6.
The first Lok Adalat was held in Delhi in the year-
(a) 1980
(b) 1985
(c) 1987
(d) 1990
Answer:
(b) 1985
B. Very Short Answer Type Questions
Question 1.
Which two main types of cases are brought before a court? Give at least two examples of the type of cases they deal in.
Answer:
The two main types of cases which are brought before a court are civil cases and criminal cases.
- Civil cases deal with disputes over property, marriage, etc.
- Criminal cases deal with offences like robberies, murders, etc.
Question 2.
What is the composition of the Supreme Court?
Answer:
The Supreme Court comprises of a Chief Justice and a maximum of 31 other judges.
Question 3.
Which type of cases does the Supreme Court hear?
Answer:
The Supreme Court hears both civil and criminal cases. It also deals with the cases pertaining to the interpretation of the Constitution of India.
Question 4.
What are the advisory functions of the Supreme Court?
Answer:
The advisory functions of the Supreme Court include Constitutional issues or matters of public importance if the President of India desires to obtain the opinion of the Supreme Court. Any such opinion given by the Supreme Court is not binding on the President.
Question 5.
How far is it correct to say that the Supreme Court is the guardian of our Constitution?
Answer:
It is correct to say that the Supreme Court is the guardian of our Constitution. The Court does not allow either the executive or the legislature to violate any provision of the Constitution. The Supreme Court alone has the authority to interpret the Constitution.
Question 6.
State the composition of criminal courts in a district.
Answer:
The Sessions judge hears criminal cases in a district. Below this court, there are courts of Magistrate of First, Second and Third Class.
Question 7.
What is meant by independence of judiciary?
Answer:
Independence of judiciary means that it is not under the control of the legislature or the executive.
Question 8.
Why is it essential to have judiciary in a federal government?
Answer:
Judiciary not only resolves disputes but is the final interpreter of the Constitution.
Question 9.
What do you mean by ‘judicial review?
Answer:
The judiciary has the power to strike down particular laws passed by the Parliament if it finds they don’t adhere to the Constitution. This is known as judicial review.
Question 10.
The seven north-east states have a common High Court. Where is this located?
Answer:
It is located at Guwahati.
Question 11.
What happens in case a crime is proved?
Answer:
In case the crime is proved, the accused can be either sent to jail or fined or in some cases both fined and jailed.
Question 12.
What is the unique feature of our federal democratic set up?
Answer:
The unique feature of our federal democratic set up is a single unified and integrated judicial system for the entire country.
Question 13.
Which is the lowest court in the judicial hierarchical order?
Answer:
The lowest court in the judicial hierarchical order in the court of magistrate.
Question 14.
What do you mean by the appellate system?
Answer:
It means that a person can appeal to a higher court if he is not satisfied with the judgement of the lower court.
Question 15.
Who is appointed as the Chief Justice of India?
Answer:
The seniormost judge of the Supreme Court is appointed as the Chief Justice of India.
Question 16.
What is meant by special majority?
Answer:
Special majority means an absolute majority of total membership and two-third majority of members present and voting in each House.
Question 17.
The role of the Supreme Court is quite wide and comprehensive. Explain.
Answer:
The Supreme Court always protects the Constitution. It observes the governmental activities and stops them wherever and whenever necessary. It also interferes in the working of other courts to ensure justice through fair trials.
Question 18.
How is the Chief Justice of a High Court appointed?
Answer:
The Chief Justice of a High Court is appointed by the President of India in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned state.
Question 19.
What do you mean by subordinate courts?
Answer:
Subordinate courts are the lower courts at the district level and below. They are supervised and controlled by the High Court of the concerned state. They are the Civil Courts, Criminal Courts and Revenue Courts. Besides these lower courts, there are also Nyaya Panchayats and Lok Adalats.
Question 20.
Which is the highest civil court in a district?
Answer:
The highest civil court in a district is called the District Court.
Question 21.
Name the highest court in a district that deals with criminal cases.
Answer:
The court of the sessions judge.
Question 22.
Which is the highest revenue court in district?
Answer:
The highest revenue court in a district is the Board of Revenue which deals with the cases of land revenue.
Question 23.
What is the Nyaya Panchayat?
Answer:
The Nyaya Panchayat is like a local court that settles disputes and provides justice. Nyaya Panchayats exist in rural areas.
C. Short Answer Type Questions
Question 1.
Explain the original jurisdiction of the Supreme Court of India.
Answer:
The original jurisdiction is exercised in cases which originate in the Supreme Court which means they can be heard in the Supreme Court for the first time. Such cases include disputes arising-
- between the Union Government and one or more states.
- between two or more states. For example, inter-state disputes regarding sharing of water and power.
Question 2.
Explain the organisation of civil courts in a district. What type of cases do they take up?
Answer:
1. The Court of the District Judge is the highest civil court in the district. The judges of these courts are appointed by the Governor in consultation with the High Court.
2. All the civil matters pertaining to property, contracts, agreements, landlord-tenant disputes which do not originate in the High Court are heard in the District Courts.
Question 3.
“A system of courts under an independent judiciary is the foundation of our democracy”. Explain.
Answer:
Whenever a dispute arises regarding property, violation of our rights, abuse of power, violence, exploitation or any other issues related to our day to day life, the matter can be taken to a court of law, to seek justice. The court gives justice to the aggrieved party. Therefore, a system of courts under an independent judiciary is the foundation of our democracy.
Question 4.
Mention the special provisions that ensure the independence of judiciary in India.
Answer:
The special provisions that ensure the independence of judiciary in India are:
- The judges are appointed on the basis of their qualifications.
- The judges cannot be easily removed. There is a special procedure to remove them, called impeachment.
- The judges are paid adequate salary. Their salary and allowances cannot be reduced during their tenure.
- The tenure of the judges is fixed.
Question 5.
Which judicial institution is said to be the guardian of our Constitution? Give any two reasons. (DAV Board 2013)
Answer:
The Supreme Court of India is said to be the guardian of our Constitution. Two reasons are:
1. The Court does not allow either the executive or the legislature to violate any provision of the Constitution.
2. The Supreme Court alone has the authority to interpret the Constitution.
Question 6.
What are the qualifications to be eligible to be a judge of the High Court?
Answer:
Any citizen of India who has been an advocate in one or more High Courts for at least 10 years or holder of a judicial office in subordinate courts for a period of 10 years is eligible for appointment as judge in a High Court. Distinguished jurists are not eligible for appointment as judges of the High Courts.
D. Value Based Question
Question 1.
The Supreme Court has laid down the guidelines that the police must follow at the time of arrest, detention and interrogation.
Discuss these guidelines.
Answer:
The Supreme Court of India has issued specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are known as the D.K. Basu guidelines which include the following points:
1. The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags with their designations.
2. A memo of arrest should be prepared at the time of arrest and should include the time and date of arrest. It should also be attested by atleast one witness who could include a family member of the person arrested. The arrest memo should be counter-signed by the person arrested.
3. The person arrested, detained or being interrogated has a right to inform a relative, friend or well- wisher.
4. When a friend or relative lives outside the district, the time, place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest.
court in a district. Criminal cases: For criminal cases in a district, the highest court is the court of the Sessions Judge. It deals with matters like theft, murder, etc.