Samacheer Class 8 Social Science - The Judiciary

The Calcutta High Court is the oldest High Court in India, established in 1862 and serving as a model for other high courts in the country. The framers of the Constitution established an independent and impartial judiciary in India to ensure the protection of citizens' rights and the rule of law. Montesquieu, a famous French philosopher, propounded the idea of an independent judiciary and the separation of powers among the executive, legislative, and judicial branches of government, which became a fundamental principle in democratic constitutions. Civil Law deals with disputes over money, property, and social matters between individuals and organisations, as opposed to criminal law which deals with offences against the state. During ancient times, most of the Kings' courts dispensed justice according to dharma, which represented the moral and ethical principles of conduct and righteousness in Hindu philosophy and governance.

The Supreme Court of India was inaugurated on 26th January 1950, not 28th January 1951, making this statement false. During the Tughlaq period, the code of procedure was indeed written in Arabic, reflecting the Islamic legal traditions of that era. The Regulating Act of 1773 made provision for the formation of the Supreme Court in Calcutta, establishing the first superior court in India under British rule. The Sadar Diwani Adalat was a civil court of appeal, not a criminal court, and dealt with civil matters and revenue cases. The Allahabad High Court, established in 1866, is indeed one of the largest and oldest high courts in India. The Constitution of India secures justice to all its citizens through various provisions and the establishment of an independent judiciary, ensuring that justice is available to everyone regardless of their status or background.

The code of civil procedure during the Tughlaq period was Fiqha-e-Feroze Shahi, which was based on Islamic legal principles and was applicable during the reign of Feroz Shah Tughlaq. The Government of India Act 1935 created a federal court as the highest court of appeal, marking an important step in the development of India's judicial system during the British period. Public Interest Litigation (PIL) is indeed unique to the Indian Judiciary and allows any citizen to approach the court in the interest of the public, making justice more democratic and accessible. The E-Courts project was established in 2005, not 2000, with the aim of modernizing the Indian judicial system through information technology. NALSA stands for the National Legal Services Authority, not the National Local Service Authority, and it was established to provide free legal services and promote alternative dispute resolution mechanisms like Lok Adalat.

Judiciary plays an important role as an organ of the government.
It administers justice, settles disputes, interprets laws, protects fundamental rights, and acts as guardian of the Constitution.
So we need a judiciary to be efficient in order to ensure proper justice.

The different levels of courts in India are
Supreme Court
High Court ’
District Court
Subordinate Court
Some of the subordinate courts are Panchayat court, revenue, court, Lok Adalat Fast track court, Family court, Mobile Court, and E – Court.

Law: It is a system of rules imposed through a government or institution to govern people.
Judiciary: In law, the Judiciary or Judicial system is the system of courts which administers Justice in the name of the State.

Lok Adalat was set up to provide speedy justice.
It hears and settles the disputes in the language of the people in the public presence.
It is presided over by a retired judge along with a lawyer and a social worker.

Mobile courts will be of great relief to the rural people.
It would create greater awareness about the judicial system among the rural masses, cut costs for them and render justice at their doorstep.

Role of Judiciary can be classified as,
1. Dispute Resolution:
Role of Judiciary can be classified as, The Judicial system provides a mechanism for resolving disputes between Citizen, Citizens and the government, Two-State governments, the Centre and the State governments
2. Judicial Review:
The Judicial has the power to declare a law unconstitutional if it believes that the law passed by the Parliament is violating the basic structure of the Constitution.
3. Upholding the Law and Enforcing Fundamental Rights:
Every citizen of India can approach the Supreme Court or High Court if they believe that their fundamental rights have been violated
Judicial Review:
Power to declare a law unconstitutional if it believes that the law passed by the Parliament. Upholding the Law and Enforcing Fundamental Rights:
Every Citizen can approach the courts if they believe that their fundamental rights have been violated.
2. Differentiate Civil Law and Criminal Law.
Civil Law
Criminal Law
Disputes over money property and social matters.
Conducts or acts that the law defines as offences.
Eg: Land, rent
Eg: Theft, Murder
Petition to be filed before the relevant court by the affected parties.
Begins with lodging of an HR with police investigation after which a case is filed in the court.
Sentences awarded in the form of money. Remuneration and as per the claimer.
Punishment is awarded if proven guilty, the accused is sent to Jail.
3. Describe the Jurisdiction of the Supreme Court.
1. Jurisdiction of Supreme Court:
The Supreme Court can hear disputes for the first time in that court only.
It is mainly concerned with disputes between the Union and one or more states and between two or more states.
2. Appellate Jurisdiction:
It can hear appeals against the decisions made by the High Court on the granting of certificates by the High Court.
3. Advisory Jurisdiction: The Court can report to the President its opinion about a question of the public importance referred to it by the President.
4. Writs Jurisdiction:
The Writs are issued by the Supreme Court under Article 32 and by the High Courts under Article 226 of the Constitution of India.
5. Court of Record:
it maintains records of the court proceedings and its decisions are binding upon the lower courts.
6. Special Powers:
it supervises the functioning of the lower courts.

Litigation
2. ……………….. is the custodian of the constitution.
Judiciary
3. ……………….. During the ancient period, was regarded as the fountainhead of justice.
King
4. ……………….. reorganised the civil and criminal judicial system. ………………..
Lord Corn Wallis
5. The Supreme court of India was inaugurated on ………………..
28 Jan 1950
6. ……………….. court was found in Ganas.
Kulika
7. ……………….. is the largest court.
Allahabad High Court
8. In ……………….. Supreme Court was established in Madras.
1801
9. In ……………….. Supreme Court was established in Bombay.
1824
10. ……………….. is called the people’s court.
Lok Adalat
11. ……………….. was established to resolve criminal disputes.
Mofussil fauzdari Adalat
12. ……………….. is the guardian of our constitution.
The Supreme Court
13. ……………….. abolished the District fauzdari court.
Lord Cornwallis
14. Sadar Ditani Adalat and Nizamat Adalat were established at ………………..
Allahabad
15. A low of commission was set up by ………………..
Macaulay