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STUDYNOTESHUB • NCERT ALIGNED

The Role of the Judiciary in Our Society

Class 8 Social Science • Exploring Society: India and Beyond Part-II • Chapter 4 • Session 2026–27

Justice • courts • Constitution • judicial independence • judicial review • PIL • dispute resolution • access to justice

📚 Chapter Navigation

1. What Is Justice?

The Preamble to the Constitution of India promises all citizens social, economic and political justice. The chapter explains that justice is essential for maintaining peace and harmony because it enables people to live with equality and dignity.

Justice has two important aspects:
• Substantive justice — focuses on whether the actual outcome or decision is fair and in accordance with the law.
• Procedural justice — focuses on whether the process is fair, including giving people a proper opportunity to be heard.

The judiciary is the institution that ensures fair adjudication of disputes according to law and helps ensure that people are treated fairly.

2. What Is the Judiciary?

The judiciary is one of the three organs or pillars of government, alongside the legislature and executive. Its central role is to interpret and apply the law and resolve disputes.

Dispute / Legal question→Court examines law & facts→Judicial decision→Justice / legal remedy

Key roles of the judicial system

3. Structure of the Indian Judiciary

India has an integrated judicial system. Courts operate at different levels and are connected within a single judicial hierarchy.

LevelMain role
Supreme Court of IndiaHighest court; final judicial authority in the constitutional and legal hierarchy.
High CourtsHighest courts at the State/Union Territory level, subject to the constitutional structure.
District and subordinate courtsDeal with a large range of civil and criminal matters at the local level.
Specialised tribunals / forumsDeal with particular categories of disputes under the law.
Remember: A case can move through different levels through appeals, subject to the jurisdiction and procedures prescribed by law.

4. The Supreme Court of India

The Supreme Court of India is the country's highest court. It is the final interpreter of the Constitution and performs several forms of jurisdiction.

Jurisdiction / powerMeaning in simple language
Writ jurisdictionUnder Article 32, the Supreme Court can issue writs for enforcement of Fundamental Rights.
Original jurisdictionArticle 131 provides for specified disputes between the Union and States or between States.
Appellate jurisdictionIt hears appeals from lower courts in matters permitted by the Constitution and law.
Advisory jurisdictionUnder Article 143, the President may refer certain questions to the Court for its opinion.
Special leaveArticle 136 gives the Court broad power to grant special leave to appeal in specified cases.
Complete justiceArticle 142 enables the Court to pass orders necessary for doing complete justice in matters before it.
Binding lawUnder Article 141, the law declared by the Supreme Court is binding on all courts in India.

5. High Courts

High Courts are the highest courts within the judicial administration of a State or, where applicable, a Union Territory. They supervise and hear matters from subordinate courts within their jurisdiction as provided by law.

Writ jurisdiction

Under Article 226, High Courts can issue writs not only for Fundamental Rights but also for other purposes within the constitutional framework.

Supreme Court vs High Court — an exam point: Article 32 is specifically concerned with enforcement of Fundamental Rights by the Supreme Court; Article 226 gives High Courts a wider writ jurisdiction that includes Fundamental Rights and other legal purposes.

6. District and Subordinate Courts

Most people encounter the justice system through district and subordinate courts. They handle a very large number of civil and criminal cases.

Civil matters

Disputes involving matters such as property, contracts, money, family relationships and other civil rights.

Criminal matters

Cases involving offences defined by criminal law and the determination of criminal responsibility according to legal procedure.

Appeals

Decisions may be challenged before a higher court where the law provides a right of appeal.

Specialised forums

Certain specialised tribunals and bodies address particular categories of disputes.

7. Independence of the Judiciary

The Constitution provides for separation of powers among the legislature, executive and judiciary. Judicial independence means that courts should be able to decide cases according to the Constitution and law without improper influence or pressure.

Why independence matters

Judicial independence does not mean absence of accountability. Courts and judges function within the Constitution, laws, judicial procedures and constitutional safeguards.

8. Judicial Review and the Constitution

Judicial review is the power of courts to examine laws and government actions and determine whether they are consistent with the Constitution.

Constitution→Legislature / Executive action→Judicial examination→Constitutional validity

Rule of law

The rule of law means that law governs the exercise of public power and that people and institutions are subject to the law. No person or authority is above the Constitution and law.

Repeal of colonial-era laws

The chapter notes that after independence, many colonial-era laws were found inconsistent with democratic principles. More than 1,500 such laws have been repealed over the years. Examples discussed include the Criminal Tribes Act, 1871 and the Vernacular Press Act, 1878.

9. Public Interest Litigation (PIL)

Public Interest Litigation (PIL) developed as a way of allowing issues affecting the public interest and the rights of people to be brought before constitutional courts, subject to judicial rules and procedures.

Why PIL matters

The chapter refers to cases concerning under-trial prisoners and environmental protection as examples of the public-interest role of judicial proceedings.

Constitutional provisions commonly associated with PIL: Articles 32 and 226 provide the constitutional routes through which the Supreme Court and High Courts exercise writ jurisdiction.

10. Judiciary, Rights and Social Justice

The judiciary contributes to constitutional democracy by protecting rights and resolving disputes according to law. Judicial decisions can have effects beyond the parties to an individual dispute when constitutional principles or public-interest issues are involved.

AreaJudicial role
Fundamental RightsProvide constitutional remedies when rights are violated, within the court's jurisdiction.
EqualityApply constitutional and legal principles against unlawful discrimination.
Life and libertyInterpret and protect constitutional guarantees within the law.
EnvironmentHear public-interest and legal disputes involving environmental protection.
Access to justiceSupport mechanisms that make dispute resolution more accessible.

11. Alternative Dispute Resolution

Not every dispute needs to be resolved through a lengthy court trial. The chapter introduces several alternative modes of dispute resolution that can help resolve disputes more efficiently and, in appropriate cases, reduce the burden on courts.

Arbitration

A dispute is decided by an arbitrator or arbitral tribunal according to the applicable agreement and law.

Mediation

A neutral mediator helps parties communicate and work towards a mutually acceptable settlement. The mediator generally does not impose a decision.

Conciliation

A conciliator assists parties in attempting to reach a settlement.

Negotiation

Parties communicate directly to try to reach an agreement.

Lok Adalats

Forums intended to facilitate settlement of disputes through compromise and agreement under the legal framework.

Gram Nyayalayas

Village-level courts established under law to improve access to justice in rural areas.

12. Technology and the Judiciary

The chapter notes that digital tools are increasingly used to improve access, efficiency and transparency in the judicial system.

Digital / modern toolPurpose
e-FilingAllows filing of cases and documents electronically where enabled.
Hybrid hearingsAllow participation through a combination of physical and virtual modes.
Live streamingCan make selected court proceedings more accessible to the public.
Translated judgmentsCan improve access to judicial decisions in Indian languages.
National Judicial Data GridProvides judicial case and performance-related data through a public digital platform.

13. Justice in Everyday Life

Justice is not limited to major constitutional cases. Courts deal with everyday disputes involving individuals, families, businesses, property, contracts, criminal allegations and many other matters.

Rights / duties+Law+Evidence & arguments→Fair hearing→Decision / remedy
Fair hearing: A fair judicial process gives parties an opportunity to present their side according to the applicable legal procedure.

14. Role of Citizens

Citizens are not passive observers of the justice system. The chapter highlights that citizens can bring social concerns affecting the rights of people, animals and nature to the notice of the judiciary through lawful mechanisms.

15. Landmark Examples Mentioned in the Chapter

ExampleWhat students should remember
Kapila Hingorani matterAssociated with the rights and conditions of under-trial prisoners and the use of public-interest proceedings.
M.C. Mehta casesImportant examples of public-interest litigation involving environmental concerns.
Vishaka v. State of RajasthanExample of judicial directions addressing workplace sexual harassment before a comprehensive statutory framework was enacted.
Study tip: For Class 8, focus on what each example illustrates about the judiciary rather than memorising lengthy case histories.

🧭 Judiciary at a Glance

Supreme Court↓High Courts↓District & Subordinate Courts
ConceptOne-line meaning
JusticeFairness, equality and dignity through lawful processes and outcomes.
JudiciaryOrgan of government that adjudicates disputes and interprets/applies law.
Judicial independenceAbility of courts to decide according to Constitution and law without improper influence.
Judicial reviewExamination of laws and government actions for constitutional consistency.
Rule of lawPublic power is exercised under law; no one is above the law.
PILPublic-interest litigation that enables qualifying public concerns to be brought before courts.
ADRAlternative methods such as mediation, arbitration, negotiation and Lok Adalats.

⚡ Quick Revision

✍️ NCERT-Style Practice

  1. What is the concept of justice?
  2. Why is justice important for a just and harmonious society?
  3. What are the main functions of the judiciary?
  4. Explain the structure of the Indian judicial system.
  5. What is judicial independence and why is it important?
  6. What is judicial review?
  7. Explain the meaning of rule of law.
  8. What is Public Interest Litigation? Why can it be useful?
  9. Differentiate between Article 32 and Article 226 in simple terms.
  10. What are alternative modes of dispute resolution?
  11. How can mediation differ from arbitration?
  12. How can technology improve access to justice?
  13. What role can citizens play in helping the judicial system?
  14. Why is a fair hearing important?
  15. Write a model letter to the High Court or Supreme Court about a genuine social issue observed in your locality, following the chapter's activity.

📝 Exam-Focused Questions

1. What is justice?

Justice involves fairness, equality and dignity. The Constitution's Preamble promises social, economic and political justice. Procedural justice concerns a fair process, while substantive justice concerns a fair outcome.

2. Why must the judiciary be independent?

Courts must be able to decide cases impartially according to the Constitution and law, including cases involving government authorities. Independence helps protect rights and the rule of law.

3. Explain judicial review.

Judicial review is the power of courts to examine laws and government actions and determine whether they are consistent with the Constitution.

4. What is PIL?

Public Interest Litigation allows qualifying matters affecting public interest and rights to be brought before constitutional courts. It has been used in matters involving vulnerable groups and environmental concerns.

5. Why are alternative dispute-resolution methods useful?

Methods such as mediation, arbitration, negotiation and Lok Adalats can resolve suitable disputes without a full conventional court trial, helping parties seek timely resolution and reducing the burden on courts.

🎯 Interactive Quiz — 30 Questions

Choose one answer for each question, then click Check Score.