Ch 4 The Role of the Judiciary in Our Society Notes

Exploring Society: India and Beyond
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Social Science Textbook for
Grade 8 | Part 2

Notes
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Chapter 4

“Ch 4 The Role of the Judiciary in Our Society Notes “ is strictly based on chapter 4 – The Role of the Judiciary in Our Society.

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Preamble promises citizens:
● Social, economic, political justice
● Justice = peace + harmony
● People live with equality and dignity

Judiciary
● Settle of disputes as per law; treats everyone justly and fairly
● Ensures:
⁘ ⁘ ⁘ ⁘ laws made by legislature within Constitution
⁘ ⁘ ⁘ ⁘ Executive within constitutional limits.

Disputes
● Complex society➜ disputes in personal and professional life
● Resolved through: dialogue, mediation, or court adjudication

The Connection Between Law and Justice

Why Laws Emerged

● large and complex society ➜ governance systems emerged
● Fair treatment + peaceful living ➜ task of government
● Government given power to:
⁘ ⁘ ⁘ ⁘ Administer society through laws;
⁘ ⁘ ⁘ ⁘ Enforce laws
● Government make laws to ensure justice

Laws

● General rules made by government to regulate individuals’ activities and impose consequences for not following them

● Consequences for Breaking Laws
⁘ ⁘ ⁘ ⁘ Fine
⁘ ⁘ ⁘ ⁘ Compensation to affected party
⁘ ⁘ ⁘ ⁘ Imprisonment

Judicial System

“System that lets individuals complain about a grievance, and lets the affected person present their view, so justice is ensured within the framework of law and the Constitution“

Two Aspects of Justice

1. Substantive Justice:
Focuses on the final result/outcome — asks whether the decision is fair, just, and reasonable

2. Procedural Justice:
Every person involved gets a full opportunity of hearing, before the court decides

Principle of Justice
Every person presumed innocent, till proved guilty

The Judicial System in India

Structure

● India has a unified judicial system
● Hierarchy of courts:
⁘ ⁘ ⁘ ⁘ Supreme Court — apex level
⁘ ⁘ ⁘ ⁘ High Courts — State level
⁘ ⁘ ⁘ ⁘ Subordinate Courts — District level

The Supreme Court of India

Basic Info

● Highest court of law
● Established: 26 January 1950 ➜ New Delhi
● Established by Article 124
● Final interpreter of Constitution

Composition Of Supreme Court

● Chief Justice of Supreme Court = Chief Justice of India
● Current strength: 33 + 1 (Chief Justice of India + 33 Judges)
● Judges appointed by President of India (Article 124)

Qualifications for Judge of Supreme Court

● Must be a citizen of India
● AND one of:
⁘ ⁘ ⁘ ⁘ Judge of a High Court(s) for 5 years, OR
⁘ ⁘ ⁘ ⁘ Advocate of a High Court(s) for 10 years, OR
⁘ ⁘ ⁘ ⁘ Distinguished jurist, in opinion of the President

Retirement Age
65 years

Writ Jurisdiction of the Supreme Court and High Court

Meaning:
● Writ jurisdiction: Given to Constitutional Courts (Supreme Court + High Courts) to enforce fundamental rights
● Fundamental Rights: Fundamental Rights guaranteed under Part III of the Constitution

Fundamental Rights:
◈ Equality. ◈ Freedom of Speech. ◈ Freedom of Religion.
◈ Liberty. ◈ Right to Life.

Writ Petition

● Citizen can file a Writ Petition for enforcement of Fundamental Rights
● Two ways:
⁘ ⁘ ⁘ ⁘ Supreme Court — Article 32: issue has all-India ramification
⁘ ⁘ ⁘ ⁘ High Court — Article 226: violation of Fundamental Rights within State

Original Jurisdiction of the Supreme Court

Meaning:
● Supreme Court has exclusive original jurisdiction — Article 131
● Decides legal disputes between:
⁘ ⁘ ⁘ ⁘ Centre and a State
⁘ ⁘ ⁘ ⁘ Centre + a State (one side) vs another State (other side)
⁘ ⁘ ⁘ ⁘ Inter-State disputes (e.g., river water disputes)
● Example:
● Inter-state river water disputes

Appellate Jurisdiction of the Supreme Court

Meaning:
● Supreme Court can hear appeal from any final order of a High Court, if High Court certifies:
⁘ ⁘ ⁘ ⁘ Case involves interpretation of the Constitution, or
⁘ ⁘ ⁘ ⁘ Substantial question of law
● Relevant Articles: 132, 133, 134A

Criminal Appeals | Articles 134, 134A

● High Court Judgments in criminal cases involving death sentence, or judgment certified fit for appeal, can be heard by Supreme Court

Appeals from Tribunals

● Supreme Court hears appeals from:
⁘ ⁘ ⁘ ⁘ National Green Tribunal (NGT)
⁘ ⁘ ⁘ ⁘ National Company Law Appellate Tribunal (NCLAT)

Advisory Jurisdiction | Article 143

Meaning:
● Supreme Court gives advice/opinion to president on a question of law or fact of public importance
● Such cases heard by a Constitution Bench of not less than 5 judges

Special Leave Petitions (Article 136)

Meaning:
● Supreme Court has extraordinary discretionary jurisdiction
● Can grant ‘Special Leave to Appeal’ from any judgment, decree or order of any court/tribunal in India, where:
⁘ ⁘ ⁘ ⁘ Question of law of general public importance has arisen,
⁘ ⁘ ⁘ ⁘⁘ ⁘ ⁘ ⁘⁘ ⁘ ⁘ ⁘⁘ ⁘ ⁘ ⁘ OR
⁘ ⁘ ⁘ ⁘ To do substantive justice between parties

High Court

Basic Info

● Highest court at State level
● Article 214: High Court in each State
● 25 High Courts

Composition of High Court

● Chief Justice + other Judges
● Number of judges varies State to State
● Judges appointed by President of India, consulting:
⁘ ⁘ ⁘ ⁘ Chief Justice of India
⁘ ⁘ ⁘ ⁘ Governor of the State
⁘ ⁘ ⁘ ⁘ Chief Justice of the concerned High Court

Qualifications Of Judges (Article 217(2))

● Citizen of India
● AND: held judicial office in India,
⁘ ⁘ ⁘ ⁘⁘ ⁘ ⁘ ⁘ OR
⁘ ⁘ ⁘ ⁘ Advocate of a High Court(s) for 10 years

Retirement Age

62 years [Article 217(1), 224(3)]

Jurisdiction of the High Courts

Territorial Jurisdiction
● Each High Court has powers within its territorial limits

Writ Jurisdiction
● Article 226

Appellate Jurisdiction
● Entertains appeals against decisions of subordinate courts in:
⁘ ⁘ ⁘ ⁘ Civil matters
⁘ ⁘ ⁘ ⁘ Criminal matters
● Also entertains appeals against decisions of certain tribunals

Supervisory Jurisdiction
● Article 227: power of superintendence over all courts and tribunals within territorial jurisdiction
● Nature: supervisory
● Purpose: ensures subordinate courts/tribunals act within their authority and jurisdiction
● Exercised sparingly

Basic Structure
● Writ jurisdiction + supervisory jurisdiction of High Courts is part of the basic structure of the Constitution

Subordinate Courts

Subordinate courts are below the High Courts

Constitutional Provisions
● Articles 233–237:
⁘ ⁘ ⁘ ⁘ Organisation of subordinate courts,
⁘ ⁘ ⁘ ⁘ Independence of subordinate judiciary

Importance
● Judiciary in close contact with people at this level

Examples of Subordinate Courts
◈ District Courts. ◈ Sessions Courts.
◈ Revenue Courts. ◈ Small Causes Courts.

High Court’s Role
● High Court maintain and uphold honour + integrity of subordinate judiciary

Appointment
● District Judges appointed by Governor of the State, in consultation with the High Court (Article 233)

Tribunals

Meaning
● Quasi-judicial in nature
● Decide specific categories of disputes

Tribunal → Area Table

Digital Technology and Judicial System

Purpose
● To make judicial system more accessible and transparent

Uses
● Details of cases
● Court orders and judgments freely available to public, in multiple languages

Alternate Modes of Dispute Resolution
(ADR)

Purpose:
● Strengthen judiciary and reduce its burden
● Courts encourage to settle disputes via ADR
● Methods:
◈ Arbitration ◈ Mediation/conciliation ◈ Negotiation, Purpose:
● Strengthen judiciary and reduce its burden
● Courts encourage to settle disputes via ADR
● Methods:
◈ Arbitration ◈ Mediation/conciliation
◈ negotiation ◈ Lok Adalat

1. Arbitration:
● Parties agree to refer disputes to an independent adjudicator/panel — arbitrator or panel of arbitrators
⁘ ⁘ ⁘ ⁘ Arbitrator can be: retired judge, lawyer, or expert
⁘ ⁘ ⁘ ⁘ Must act fairly and impartially
⁘ ⁘ ⁘ ⁘ Decision: final and legally binding; enforceable by court
⁘ ⁘ ⁘ ⁘ Governed by: Arbitration and Conciliation Act, 1996

2. Mediation:
Mediation: Most common ADR, a neutral Mediator assists parties in reaching mutual settlement
⁘ ⁘ ⁘ ⁘ Mediator has no power to make decisions or impose a view
⁘ ⁘ ⁘ ⁘ Governed by: Mediation Act, 2023

3. Lok Adalats:
● Amicable settlement of disputes/cases
● Resolve disputes pending in courts
● Parties may approach even before going to court
● Principle: access to justice
● Legal Services Authorities Act, 1987
● People’s courts
● Aim: reduce judicial backlog; promote amicable resolution

3. Gram Nyayalayas
● Established under Gram Nyayalayas Act, 2008
● Objective: decentralize judicial system, reduce burden on regular courts
● Function as mobile, village-level courts
● Simplified procedure

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