Solutions-Class 8-Civics-Chapter-4-The Indian Judicial System-Maharashtra Board

(a) Legislature

(b) The President

• The Supreme Court's primary objective is to uphold the Constitution, which is the fundamental law of the country.
• The Parliament is not permitted to enact any laws that go against the Constitution.
• Every decision the Executive makes must be in accordance with the Constitution.
• If a piece of legislation enacted by the legislature or a decision made by the executive violates the Constitution, it is deemed unlawful. Consequently, the Supreme Court invalidates it.
• This power of the Supreme Court is known as Judicial Review.

• Public Interest Litigation (PIL) refers to lawsuits brought over matters of public interest and concerns for the welfare of people in general.
• It may be submitted on behalf of all citizens by an individual, a social organisation, or a non-governmental organisation (NGO).
• PILs are effective tools that need little investment and obtain justice right away.
• Issues relating to rehabilitation of individuals who have lost their homes or lands, protection of the environment, protection of the weaker sectors of society, etc. have been successfully handled by PILs.

Civil Law :

• It is one of the two main branches of law.
• It deals with conflicts which affect or interfere with the rights of an individual.
• Conflicts regarding land and properly, rent agreement, divorce, etc. are included under Civil law.
• After filing a petition in the relevant court, the court gives a decision.

Criminal Law :

• Serious crimes are dealt under Criminal law.
• Crimes like theft, robbery, dowry, murder, etc. are included under Criminal
• In these cases, the first step is to file a ‘First Information Report’ (FIR) with the police, who investigate the matter and file a petition in the court.
• It the charges are proved, there are provisions for severe punishment.

• The courts settle the disputes whenever they are approached for that purpose.
• But, in the recent times, this image of the courts has undergone a change.
• They have become increasingly active.
• The courts are now trying to fulfill the constitutional goals of justice and equality.
• The courts have tried to provide legal protection to the marginalised sections of society, women, tribal, workers, farmers and children.
• Public Interest Litigations related to issues like victimisation of women, malnourishment among children, etc. have played an important role in boosting Judicial Activism

• Conflicts arise from differences in people's opinions, thoughts, perspectives, and civilizations. The Judiciary can settle these disagreements impartially.
• With the support of the law, social justice and equality in society can be established.
• It also helps to integrate women, differently abled children, and transgender people into the mainstream of society.
• The rule of law enables the common man to reap the benefits of freedom, equality, and democracy.
• The rule of law contributes to the protection of people's rights.
• It hinders the formation of repressive and authoritarian organisations and individuals.

Hence, laws are necessary in society.

The functions of the Supreme Court are as follows :

• As a federal court, it has the responsibility to settle disputes between the centre and the states; and states on one side and states on the other.
• It gives orders to relevant authorities to protect the fundamental rights of the people.
• It has the power to review decrees and orders of the lower courts and also review its own decisions.
• It provides necessary advice to the President it he/she asks for advice to understand the legal aspects in matters of public importance.

The Constitution has made following provisions to preserve the independence of the judiciary :

• To avoid any political pressure, judges are appointed by the President.
• Judges enjoy the security of tenure. They cannot be removed from the post for trivial reasons or for political motives.
• The salaries of the judges are drawn from the Consolidated Fund of India.
• No discussion regarding this takes place in the Parliament.
• Personal criticism cannot be made on judges for their acts and decisions. It is considered as contempt of court and is a punishable offence.
• The Parliament cannot discuss the decisions of the judges.