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India

NCERT 8th Class (CBSE) Social Science: The Judiciary

Question: What are the Different branches of the Legal System?

Answer:

  1. Court cases are broadly divided into civil cases and criminal cases.
  2. Civil laws deals with any harm or injury to rights to individuals.
  3. Criminal law deals with the conduct or acts that the law defines as offences.
  4. In civil cases, a petition has to be filled before the relevant court by the affected party only.
  5. In criminal cases, it usually begins with the lodging of our First Information Report (FIR) with the police who investigate the crime after which a case is filled in the court.

Question: Does Everyone Have Access to the Courts?

Answer:

  1. In principle, all citizens of India can access the courts in this coutry. This implies that every citizen has a right to justice through the courts.
  2. Legal procedures involve a lot of money and paper work which take up a lot of time. Poor people often avoid to go the court to get justice.
  3. The Supreme Court devised a mechanism of Public Interest Litigation or (PIL) to increase access to justice in 1980’s. It allowed any individual or organization to file a PIL in the High Court or the Supreme Court on behalf of those whose right were being violated.
  4. The legal process was simplified and even a letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL.
  5. The court exercise a crucial role in interpreting a Fundamental Rights of Citizens.
  6. The judiciary serves as a check on the powers of the executive and the legislature and protecting the Fundamental Rights of the citizens.

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