Notes Chapter 4 The Role of the Judiciary in Our Society Class 8 Social Science CBSE Board

A. Substantive Justice

Substantive justice focuses on the final result or outcome of a decision. It examines whether the decision is fair, just and reasonable.

B. Procedural Justice

Procedural justice means that every person involved in a case must receive a full opportunity to be heard before the court makes a decision.

An important principle of justice is that every person is presumed innocent until proved guilty. This ensures that a person accused of wrongdoing has an opportunity to explain their side before a decision is taken.

4. The Judicial System in India

India has a unified judicial system consisting of a hierarchy of courts. The Supreme Court is at the highest level, followed by the High Courts and subordinate courts.

Supreme Court

Highest court in India

High Courts

Highest courts at the State level

Subordinate Courts

Courts functioning below High Courts

The judiciary is independent of the legislature and the executive. This separation of powers helps ensure fair decisions and prevents other organs of government from interfering improperly in judicial work.

5. The Supreme Court of India

The Supreme Court of India is the highest court of law in the country. It came into existence on 26 January 1950, when the Constitution of India came into effect.

• Location: New Delhi.
• Constitutional provision: Article 124 provides for its establishment.
• Role: It is the final interpreter of the Constitution of India.
• Head: The Chief Justice of the Supreme Court is known as the Chief Justice of India (CJI).
• Strength stated in the chapter: 33 judges plus the Chief Justice of India, making a total of 34.
• Appointment of judges: Judges are appointed by the President of India.
• Retirement age: 65 years.

Qualifications for appointment as a Supreme Court judge

A person must be a citizen of India and must satisfy at least one of the following qualifications:

1. Have been a judge of a High Court or High Courts for five years.
2. Have been an advocate of a High Court or more than one High Court for ten years.
3. Be a distinguished jurist in the opinion of the President of India.

Writ jurisdiction of the Supreme Court and High Courts

Writ jurisdiction is provided to constitutional courts for enforcing the Fundamental Rights guaranteed under Part III of the Constitution.

These rights include:

• Right to Equality.
• Liberty.
• Right to Life.
• Freedom of Speech.
• Freedom of Religion.

A citizen can file a writ petition to seek enforcement of Fundamental Rights.

• Article 32: Allows a citizen to approach the Supreme Court directly for enforcement of Fundamental Rights.
• Article 226: Allows a citizen to approach the High Court regarding violations of Fundamental Rights within its territorial limits.

6. Public Interest Litigation (PIL)

Public Interest Litigation (PIL) is an important development introduced by the Supreme Court to address issues of public concern and give meaning to the Right to Life under Article 21 of the Constitution.

PIL enables issues affecting the public to be brought before the courts.

Important PIL cases

1. Case involving under-trial prisoners

• Lawyer Mrs. Kapila Hingorani read a newspaper report about prisoners who had remained in jail while awaiting trial for longer than the period they would have served if found guilty.

• She filed a writ petition seeking the release of these under-trial prisoners in Bihar.

• The Supreme Court ordered their release and issued guidelines that led to the release of almost 40,000 under-trial prisoners throughout India.

2. M.C. Mehta v. Union of India

The Supreme Court addressed environmental issues, including the cleaning of the River Ganga and the protection of the Taj Mahal.

3. Vishaka & Others v. State of Rajasthan

• In 1997, the Supreme Court laid down guidelines against sexual harassment at the workplace.

• In 2013, the government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

These cases demonstrate how PIL can help address issues affecting society and protect people’s rights.

7. Jurisdiction of the Supreme Court

Jurisdiction refers to the legal authority of a court to hear and decide cases.

The Supreme Court exercises several types of jurisdiction.

A. Original jurisdiction

Under Article 131, the Supreme Court has exclusive original jurisdiction to decide certain legal disputes involving:

• The Centre and a State.

• The Centre and a State on one side and another State on the other side.

• Inter-state disputes, including river-water disputes.

Original jurisdiction means that these disputes can be brought directly before the Supreme Court.

B. Appellate jurisdiction

The Supreme Court can hear appeals against certain decisions of High Courts and specialised tribunals.

• Under Articles 132, 133 and 134A, it can hear certain cases involving constitutional interpretation or substantial questions of law.

• Under Articles 134 and 134A, it can hear qualifying criminal appeals, including certain cases involving the death sentence.

• It can also hear appeals from specialised tribunals such as the National Green Tribunal (NGT) and the National Company Law Appellate Tribunal (NCLAT).

C. Advisory jurisdiction

Under Article 143, the President of India may seek the Supreme Court’s opinion on a question of law or fact of public importance.

Such cases must be heard by a Constitution Bench consisting of at least five judges.

D. Special Leave Petitions

Under Article 136, the Supreme Court has extraordinary discretionary power to grant special leave to appeal against a judgment, decree or order passed by a court or tribunal in India.

This power may be exercised where a question of law of general public importance arises or where it is necessary to do substantive justice between the parties.

E. Other important constitutional powers

8. High Courts

A High Court is the highest court at the State level.

• Constitutional provision: Article 214 provides for High Courts.

• The chapter states that India has 28 States and 25 High Courts, because some States and Union Territories share a common High Court.

• A High Court consists of a Chief Justice and other judges.

• The number of judges varies from State to State.

• High Court judges are appointed by the President of India in consultation with the Chief Justice of India, the Governor of the State and the Chief Justice of the concerned High Court.

• Retirement age: 62 years.

Qualifications for appointment as a High Court judge

Under Article 217(2), a person must be a citizen of India and must have either:

1. Held a judicial office in India, or

2. Been an advocate of a High Court or more than one High Court for ten years.

Important High Courts and their jurisdictions

The chapter also lists High Courts for Chhattisgarh, Jharkhand, Manipur, Meghalaya, Odisha, Sikkim and Tripura.

Jurisdiction of High Courts

High Courts perform the following functions:

1. Writ jurisdiction: Under Article 226, they can issue writs to enforce Fundamental Rights.

2. Appellate jurisdiction: They hear appeals against decisions of subordinate courts in civil and criminal matters, as well as decisions of certain tribunals.

3. Supervisory jurisdiction: Under Article 227, they supervise courts and tribunals within their territorial jurisdiction.

4. Control over subordinate courts: They ensure that subordinate courts and tribunals act within the limits of their authority and jurisdiction.

The supervisory power must be exercised sparingly. The writ and supervisory jurisdiction of High Courts has also been declared part of the basic structure of the Constitution.

9. Subordinate Courts

Subordinate courts function below the High Courts in each State. They are an important part of the judicial system because they bring the judiciary into close contact with ordinary people.

Types of subordinate courts

• District Courts

• Sessions Courts

• Revenue Courts

• Small Causes Courts

Constitutional provisions and appointments

• Articles 233 to 237 contain provisions relating to the organisation of subordinate courts and the independence of the subordinate judiciary.

• The Governor of a State appoints District Judges in consultation with the High Court under Article 233.

• Each High Court is responsible for maintaining the honour and integrity of the subordinate judiciary in its State.

10. Tribunals

Tribunals are specialised bodies established under different laws to decide specific categories of disputes. They are quasi-judicial in nature.

Different tribunals deal with different kinds of disputes.

Example of a consumer dispute

A family paid an advance of almost ₹65 lakh to a builder for a flat. Even after four years, construction had not begun as expected. The family complained to the National Consumer Commission.

After hearing both parties, the Commission ordered the builder to return the money with interest and pay the litigation costs.

This example shows how a specialised forum can resolve a dispute and provide relief to affected people.

11. Important Changes in Criminal Laws

The chapter highlights three important changes in Indian laws:

These laws aim to facilitate faster justice, enable the use of digital evidence and improve protection for victims. They also aim to make the justice system more modern, transparent and effective.

12. Digital Technology and the Judicial System

Digital technology has been introduced to make the judicial system more accessible, transparent and user-friendly.

Uses of digital technology

• Online case information: Litigants can directly check the details of their cases instead of depending entirely on their lawyers.

• Public access to judgments: Copies of court orders and judgments are made freely available to the public in multiple languages.

• Better understanding: People can read and understand court proceedings more easily.

• Transparency: Digital systems make information about judicial work more accessible.

Important digital initiatives

1. e-Filing: Enables the electronic filing of court documents.

2. Hybrid hearings: Supports hearings through physical and virtual modes.

3. Live streaming of court proceedings: Allows people to watch court proceedings.

4. Translation of judgments: Makes judgments available in multiple Indian languages.

5. National Judicial Data Grid: Provides access to information about judicial cases.

Virtual Justice Clock

Since 2024–2025, a large display screen dedicated to the Virtual Justice Clock has been positioned at the main entrance gates of the Supreme Court of India.

This initiative reinforces the Court’s commitment to transparency, accountability and free access to real-time judicial data.

13. Alternative Modes of Dispute Resolution

Courts handle a large number of cases. To reduce the burden on the judiciary, they encourage parties to resolve disputes through alternative modes of dispute resolution.

These methods can help people settle disputes without always going through the full process of formal court proceedings.

A. Arbitration

Arbitration is a method of dispute resolution in which the parties agree to refer their dispute to an independent adjudicator called an arbitrator, or to a panel of arbitrators.

• An arbitrator may be a retired judge, lawyer or expert.

• The arbitrator must act fairly and impartially.

• Each party must be allowed to present its case.

• The arbitrator’s decision is final and legally binding on the parties and enforceable by a court of law.

• Arbitration in India is conducted under the Arbitration and Conciliation Act, 1996.

B. Mediation

Mediation is a method of dispute resolution in which a neutral person, called a mediator, helps the disputing parties reach a mutual settlement.

Important features:

• The mediator assists both parties in discussing their dispute.

• The mediator does not have the power to make a decision.

• The mediator cannot impose a particular view on the parties.

• The parties themselves work towards a mutually acceptable settlement.

• Mediation in India is governed by the Mediation Act, 2023.

C. Lok Adalats

Lok Adalats are special forums where disputes and cases can be settled amicably.

Their main features are:

• They can resolve disputes that are already pending in courts.

• In some cases, parties can approach Lok Adalats even before going to court.

• They are rooted in the principle of access to justice.

• They receive statutory recognition under the Legal Services Authorities Act, 1987.

• They aim to reduce the backlog of cases and promote friendly settlement without the strict procedures of formal adjudication.

Lok Adalats function as people’s courts and help make dispute resolution more accessible.

D. Gram Nyayalayas

Gram Nyayalayas are village-level courts established under the Gram Nyayalayas Act, 2008.

Their objectives and features include:

• Decentralising the judicial system.

• Reducing the burden on regular courts.

• Providing mobile, village-level courts.

• Deciding disputes through simplified procedures.

• Avoiding unnecessary technicalities in the process.

Comparison of alternative dispute resolution methods

14. Role of Citizens in the Judicial System

Citizens also have an important role in helping the judicial system protect justice and rights.

• Citizens can bring social concerns affecting people to the attention of the judiciary.

• They can raise issues involving the rights of people, animals and nature.

• Public Interest Litigation can help bring matters of public concern before the courts.

• Citizens should support the principles of fairness, equality and respect for the law.

The participation of citizens helps the judiciary respond to problems affecting society.

15. Important Terms and Their Meanings

16. Important Constitutional Articles to Remember