Chapter 4 — The Role of the Judiciary in Our Society

Chapter 4 of the Class 8 Social Science NCERT textbook (Exploring Society: India and Beyond), "The Role of the Judiciary in Our Society", explains the structure and functions of India's judiciary — from the Supreme Court and High Courts to subordinate courts and tribunals — along with how PILs, writ petitions, and alternate dispute resolution mechanisms like arbitration, mediation, Lok Adalats, and Gram Nyayalayas ensure justice for citizens.

• Law and Justice — Laws are general rules made by governments to regulate society and impose consequences for violations. The government's primary tool for ensuring justice is law-making, but laws themselves can be unjust — as shown by colonial-era laws like the Criminal Tribes Act, 1871, and apartheid laws in South Africa, which were later repealed.
• Substantive vs Procedural Justice — Substantive justice asks whether the final decision is genuinely fair and reasonable. Procedural justice ensures every party gets a full opportunity to present their case before a decision is made. Both are essential: the presumption of innocence until proven guilty underpins both.
• Hierarchy of Courts — India's judicial system is unified with three tiers: the Supreme Court at the apex (established 26 January 1950), 25 High Courts at the state level, and subordinate courts (district, sessions, revenue courts) at the district level. Each level has defined jurisdiction and supervisory roles over lower courts.
• Public Interest Litigation (PIL) — PIL is an innovation by the Supreme Court to address public concerns and enforce the Right to Life under Article 21. Anyone can file a PIL — the first was by Mrs. Kapila Hingorani, which led to the release of about 40,000 under-trial prisoners. PILs have also addressed environmental protection (M.C. Mehta) and workplace harassment (Vishaka case, 1997).
• Alternate Dispute Resolution — To reduce the burden on courts, disputes can be resolved through arbitration (binding decision by an independent arbitrator, under Arbitration Act 1996), mediation (facilitated mutual settlement, Mediation Act 2023), Lok Adalats (amicable settlement, Legal Services Authorities Act 1987), or Gram Nyayalayas (mobile village courts, Gram Nyayalayas Act 2008).

1. 01The Preamble promises social, economic, and political justice to all Indian citizens.
2. 02The judiciary is one of the three pillars of government, independent from the legislature and executive.
3. 03The Supreme Court came into existence on 26 January 1950 under Article 124; it has 34 judges (CJI + 33).
4. 04Supreme Court judges retire at 65; High Court judges retire at 62.
5. 05India has 25 High Courts for 28 States as some High Courts are shared between states.
6. 06Writ petitions are filed under Article 32 (Supreme Court, all-India) or Article 226 (High Court, within state territory).
7. 07The Supreme Court's Original Jurisdiction (Article 131) covers disputes between the Centre and States and inter-state disputes.
8. 08The Supreme Court's Advisory Jurisdiction (Article 143) allows it to give opinions to the President on questions of law.
9. 09Article 141: The law declared by the Supreme Court is binding on all courts in India.
10. 10India repealed over 1500 discriminatory laws enacted during British rule after independence.
11. 11The IPC, CrPC, and Indian Evidence Act were replaced by three new 2023 laws to modernize the justice system.
12. 12The National Judicial Data Grid and Virtual Justice Clock (from 2024-2025) promote transparency and real-time data access.
13. 13Tribunals like the NGT, NCLT, Consumer Fora, and Armed Forces Tribunal decide specific categories of disputes.
14. 14The Gram Nyayalayas Act, 2008 established mobile village-level courts to decentralise justice.
15. 15Citizens can help the judiciary by raising social concerns affecting the rights of people, animals, and nature.