The Role of the Judiciary in Our Society
Complete Class 8 Civics Notes on Justice, Judiciary, Court Structure, Constitutional Powers, Tribunals and Alternative Dispute Resolution
Class 8 The Role of the Judiciary in Our Society – Notes
Looking for Class 8 Social Science Civics notes on The Role of the Judiciary in Our Society? These comprehensive Class 8 Judiciary notes explain the concept of justice, the importance of an independent judiciary, the structure of the Indian judicial system, the powers of the Supreme Court and High Courts, tribunals, writ jurisdiction, Public Interest Litigation (PIL), digital initiatives and alternative modes of dispute resolution.
These NCERT Class 8 Civics notes are written in a simple, student-friendly format so that students can understand the chapter instead of merely memorising it. The notes are useful for CBSE Class 8 Social Science revision, school examinations, class tests, homework and quick exam preparation.
The chapter explains why justice is important in a democratic society and why the judiciary must remain independent from the legislature and the executive. It also helps students understand the hierarchy of courts in India — Supreme Court → High Courts → Subordinate Courts — and the different ways in which disputes can be resolved.
- Meaning and importance of justice
- Connection between law and justice
- Why an independent judiciary is necessary
- Substantive and procedural justice
- Hierarchy of courts in India
- Supreme Court and its major jurisdictions
- Writ jurisdiction and Fundamental Rights
- Public Interest Litigation (PIL)
- High Courts and subordinate courts
- Tribunals and their areas of work
- Digital initiatives in the judicial system
- Arbitration, mediation, Lok Adalats and Gram Nyayalayas
The Role of the Judiciary – Quick Overview
The judiciary is one of the three pillars of government. It helps ensure that disputes are decided fairly according to law and the Constitution. An independent judiciary also helps ensure that laws remain within the constitutional framework and that the executive does not exceed its constitutional powers.
The Big Questions of the Chapter
01. What is Justice?
Why is justice necessary for maintaining peace, harmony, equality and dignity?
02. Why Judiciary?
Why is an independent judiciary important in a democracy?
03. How is it Structured?
How are the courts organised from the Supreme Court to subordinate courts?
04. How Can Disputes Be Resolved?
What are arbitration, mediation, Lok Adalats and Gram Nyayalayas?
Connection Between Law and Justice
As human societies became larger and more complex, systems of governance developed. Governments make and enforce laws so that society can function in an orderly manner and people can live peacefully.
Law means general rules made by the government to regulate individuals' activities in society and prescribe consequences for not following them.
Consequences of Breaking a Law
- Fine
- Compensation to the affected person
- Imprisonment in certain cases
The judicial system is the system through which individuals can complain about a grievance or dispute, present their point of view and seek a decision so that justice is ensured within the framework of law and the Constitution.
Why Is Justice Important?
- Justice helps maintain peace and harmony in society.
- It helps people live with equality and dignity.
- It ensures that disputes are decided according to law.
- It provides a way for people to seek remedies when their rights or interests are affected.
The Preamble to the Constitution of India promises social, economic and political justice to all Indian citizens.
Why Must the Judiciary Be Independent?
The judiciary is one of the three pillars of government. The other two pillars are the legislature and the executive.
Legislature
Makes laws.
Executive
Implements and administers laws and policies.
Judiciary
Interprets and applies laws and decides disputes.
An independent judiciary should be able to decide disputes fairly without being controlled by the legislature or executive. It also helps ensure that laws remain within the framework of the Constitution and that the executive does not overstep its constitutional powers.
Substantive Justice and Procedural Justice
| Substantive Justice | Procedural Justice |
|---|---|
| Focuses on the final result or outcome. The question is whether the decision is actually fair, just and reasonable. | Ensures that every person involved gets a full opportunity to be heard before the court makes a decision. |
Substantive = Result
Procedural = Process
As a rule, a person is presumed innocent until proved guilty.
Can a Law Be Unjust?
The chapter explains that after independence, many laws framed during the colonial period were reviewed. Laws considered discriminatory or inconsistent with democratic values were repealed over time.
Examples Mentioned in the Chapter
| Law / Example | Why It Is Important |
|---|---|
| Criminal Tribes Act, 1871 | It labelled certain communities as criminal by birth. |
| Vernacular Press Act, 1878 | It restricted freedom of the press. |
| Jim Crow Laws | They enforced racial segregation in parts of the United States. |
| Apartheid-era laws | They divided people by race and imposed severe restrictions in South Africa. |
These examples show why laws and justice must be understood in relation to equality, dignity and democratic values.
Hierarchy of Courts in India
India has a unified judicial system. It consists of a hierarchy of courts with the Supreme Court of India at the apex, High Courts at the State level and subordinate courts at the district level.
Supreme Court → High Courts → Subordinate Courts
The Supreme Court
The Supreme Court of India is the highest court of law in the country. It came into existence when the Constitution of India came into effect on 26 January 1950.
- It is the highest court of law in India.
- It is the final interpreter of the Constitution.
- Article 124 provides for the establishment of the Supreme Court.
- The Supreme Court is seated in New Delhi.
- The Chief Justice of India heads the Supreme Court.
- Judges of the Supreme Court are appointed by the President of India.
- A Supreme Court Judge retires at the age of 65 years.
The supplied textbook states the then strength of the Supreme Court as 33 + 1, meaning the Chief Justice of India and 33 other judges. This figure is retained here as given in the supplied textbook.
Qualifications for a Supreme Court Judge
According to the supplied chapter, a candidate must be a citizen of India and must satisfy one of the following:
- A Judge of a High Court for at least five years.
- An Advocate of a High Court for at least ten years.
- A distinguished jurist in the opinion of the President of India.
Writ Jurisdiction of the Supreme Court and High Courts
Writ jurisdiction is an important constitutional mechanism for the enforcement of Fundamental Rights guaranteed by Part III of the Constitution.
| Article | Court | Key Point |
|---|---|---|
| Article 32 | Supreme Court | A person can approach the Supreme Court for enforcement of Fundamental Rights. |
| Article 226 | High Courts | High Courts exercise writ jurisdiction within their constitutional jurisdiction. |
Equality, liberty, right to life, freedom of speech and freedom of religion, among others.
Public Interest Litigation (PIL)
Public Interest Litigation, or PIL, is an important development associated with the judiciary. It allows issues of public concern to be brought before the courts.
The chapter describes a PIL relating to under-trial prisoners in Bihar. The matter resulted in directions concerning the release of prisoners who had been in jail for periods longer than the punishment they might have received if found guilty.
Other PIL Examples Mentioned
- M.C. Mehta v. Union of India: environmental matters including cleaning of the River Ganga and protection of the Taj Mahal.
- Vishaka & Ors. v. State of Rajasthan: guidelines against sexual harassment at the workplace were laid down by the Supreme Court in 1997.
Original Jurisdiction of the Supreme Court
Under Article 131, the Supreme Court has exclusive original jurisdiction to decide certain legal disputes involving the Union and States.
- Disputes between the Centre and a State.
- Disputes between the Centre and a State on one side and another State on the other side.
- Inter-State disputes, such as certain river-water disputes.
Appeals to the Supreme Court
The Supreme Court can hear certain appeals from High Courts, including cases involving interpretation of the Constitution or substantial questions of law.
The chapter also notes that the Supreme Court can hear appeals from certain specialised tribunals, including the National Green Tribunal and the National Company Law Appellate Tribunal.
Advisory Jurisdiction
Under Article 143, when the President of India seeks the opinion of the Supreme Court on a question of law or fact of public importance, the Supreme Court can give its opinion to the President.
Such cases must be heard by a Constitution Bench of not less than five judges.
Other Important Powers of the Supreme Court
Article 136
Special Leave to Appeal gives the Supreme Court discretionary power to grant special leave to appeal in appropriate cases.
Article 141
The law declared by the Supreme Court is binding on all courts within India.
Article 142
The Supreme Court can pass orders necessary for doing complete justice in matters before it.
Civil and judicial authorities shall act in aid of the Supreme Court.
High Court – State Level Judiciary
A High Court is the highest court at the State level. Article 214 provides for a High Court for each State, subject to constitutional arrangements. Some High Courts have jurisdiction over more than one State or Union Territory.
At the time represented in the supplied chapter, India has 28 States and 25 High Courts because some States and Union Territories share a common High Court.
Important High Court Facts
- 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.
- The appointment involves consultation with the Chief Justice of India, the Governor of the State and the Chief Justice of the concerned High Court.
- Article 217 deals with qualifications and conditions relating to High Court judges.
- High Court Judges retire at the age of 62 years.
Jurisdiction of High Courts
- Exercise powers within their territorial limits.
- Exercise writ jurisdiction under Article 226.
- Hear appeals against decisions of subordinate courts in civil and criminal matters.
- May hear appeals against decisions of certain tribunals.
- Exercise supervisory control over subordinate courts.
- Exercise the power of superintendence under Article 227.
It gives the High Court power of superintendence over courts and tribunals within its territorial jurisdiction. This supervisory power helps ensure that subordinate courts and tribunals act within the limits of their authority and jurisdiction.
Subordinate Courts
Subordinate courts function below the High Courts. They form a very important part of the judicial system because these are the courts that come into close contact with people and deal with a large number of cases.
Examples
District Courts
Deal with matters at the district level.
Sessions Courts
Deal with criminal matters at the relevant level.
Revenue Courts
Deal with specified revenue-related matters.
The Governor of a State, in consultation with the High Court, appoints District Judges.
What Is a Tribunal?
A tribunal is a specialised body established under law to decide particular categories of disputes. Tribunals are generally quasi-judicial in nature.
| Tribunal / Forum | Broad Area |
|---|---|
| National Company Law Tribunal (NCLT) | Corporate civil and commercial disputes, including insolvency and bankruptcy matters. |
| Appellate Tribunal for Electricity (APTEL) | Electricity disputes and appeals. |
| Armed Forces Tribunal | Matters relating to the Armed Forces. |
| Consumer Fora | Consumer disputes. |
| National Green Tribunal (NGT) | Environmental issues. |
| Central Administrative Tribunal (CAT) | Service matters of government employees. |
Tribunal = Specialised dispute-solving body.
Tribunals in Action – A Simple Example
The chapter gives an example of a family that paid a large advance for a flat. Even after several years, construction had not progressed. The family approached the appropriate consumer forum. After hearing both sides, the Commission ordered the builder to return the amount with interest and also pay litigation costs.
This example shows how specialised forums can provide a mechanism for people to seek remedies in specific types of disputes.
Digital Initiatives in the Judicial System
Digital technology is being used to make the judicial system more accessible, transparent and user-friendly.
e-Filing
Allows documents to be filed electronically.
Hybrid Hearings
Combine physical and virtual participation in proceedings.
Live Streaming
Makes selected court proceedings accessible to the public.
Translation
Judgments can be made available in multiple Indian languages.
NJDG
The National Judicial Data Grid provides public access to judicial case-related data.
Virtual Justice Clock
The chapter describes it as a transparency and real-time judicial data initiative at the Supreme Court.
Who Is a Litigant?
A litigant is a person involved in a legal case. The person who brings a case and the person against whom the case is brought may both be referred to as litigants.
Alternative Modes of Dispute Resolution (ADR)
Courts encourage alternative methods of settling disputes in appropriate situations. These methods can help parties resolve disputes without going through a full formal court process and can help reduce the burden on courts.
1. Arbitration
The parties agree to refer their dispute to an independent adjudicator called an arbitrator or to a panel of arbitrators.
- The arbitrator must act fairly and impartially.
- Each party gets an opportunity to present its case.
- The decision is generally final and legally binding, subject to applicable law.
- The supplied textbook states that arbitration in India is conducted under the Arbitration and Conciliation Act, 1996.
2. Mediation
A neutral person called a mediator assists the parties in reaching a mutually acceptable settlement.
- The mediator does not decide the dispute.
- The mediator does not impose a solution.
- The supplied textbook states that mediation in India is governed by the Mediation Act, 2023.
3. Lok Adalats
Lok Adalats are forums where disputes can be settled amicably. They can deal with certain disputes pending in courts and, in some situations, parties may approach them before going to court.
They promote access to justice and help reduce the burden on formal courts. The chapter connects them with the Legal Services Authorities Act, 1987.
4. Gram Nyayalayas
Gram Nyayalayas are village-level courts established under the Gram Nyayalayas Act, 2008.
- Decentralise the judicial system.
- Reduce the burden on regular courts.
- Use simplified procedures.
- Aim to make justice more accessible locally.
| Method | Who Helps / Decides? |
|---|---|
| Arbitration | Arbitrator decides the dispute. |
| Mediation | Mediator helps parties reach a settlement but does not decide. |
| Lok Adalat | Forum for amicable settlement of suitable disputes. |
| Gram Nyayalaya | Village-level court designed for accessible and simplified justice. |
Important Terms – Learn These
Important Constitutional Articles
Important Dates to Remember
The Supreme Court came into existence when the Constitution of India came into effect.
Criminal Tribes Act mentioned as an example of a colonial-era law later repealed.
Vernacular Press Act mentioned as an example of a colonial-era law later repealed.
Arbitration and Conciliation Act mentioned in the chapter.
Gram Nyayalayas Act.
Mediation Act mentioned in the chapter.
One-Page Quick Revision
- The judiciary is one of the three pillars of government.
- An independent judiciary is necessary for fair decision-making.
- Justice has substantive and procedural aspects.
- India has a unified judicial system.
- The hierarchy is: Supreme Court → High Courts → Subordinate Courts.
- The Supreme Court is the highest court of law in India.
- Article 32 is associated with approaching the Supreme Court for enforcement of Fundamental Rights.
- Article 226 gives High Courts writ jurisdiction.
- Article 141 makes the law declared by the Supreme Court binding on all courts in India.
- Tribunals deal with specialised categories of disputes.
- ADR includes arbitration, mediation, Lok Adalats and Gram Nyayalayas.
- Digital initiatives aim to make the judicial system more accessible and transparent.
Exam Preparation Tips – Judiciary
- Learn the court hierarchy: Supreme Court → High Courts → Subordinate Courts.
- Remember the important Articles: 32, 124, 131, 136, 141, 142, 143, 144, 214, 217, 226, 227 and 233.
- Do not confuse substantive and procedural justice: result vs process.
- Know the difference between arbitration and mediation: an arbitrator decides; a mediator facilitates settlement.
- Revise the specialised tribunals and their areas of jurisdiction.
- Practise case-based questions to apply concepts to real-life situations.
Think Like a Young Citizen
Imagine that a person feels that an important right has been violated. Think about the role that courts can play in providing a remedy. Now consider why an independent judiciary is necessary when disputes involve powerful individuals or institutions.
Also think about situations where a dispute might be better suited to mediation, arbitration, a Lok Adalat or another specialised forum rather than a lengthy formal court process.
Chapter Summary
The judiciary plays a vital role in a democratic society by helping ensure justice according to law and the Constitution. It is independent from the legislature and executive and helps maintain the constitutional balance among the organs of government.
India has a unified judicial system with the Supreme Court at the apex, High Courts at the State level and subordinate courts below them. The judiciary also includes specialised tribunals for particular categories of disputes.
The chapter further explains constitutional remedies such as writ jurisdiction, Public Interest Litigation, the different jurisdictions of the Supreme Court, the role of High Courts and modern initiatives such as e-Filing, hybrid hearings, live streaming, translation of judgments and the National Judicial Data Grid.
Finally, alternative dispute resolution methods such as arbitration, mediation, Lok Adalats and Gram Nyayalayas can help make access to justice easier and reduce the burden on formal courts.
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