The Role of the Judiciary in Our Society

Justice helps maintain peace and harmony. It allows people to live with equality and dignity and ensures that disputes are decided fairly.

The Judiciary settles disputes according to law and the Constitution. It also checks that laws made by the Legislature stay within the Constitution and that the Executive does not go beyond its constitutional role.

Substantive justice looks at whether the final result is fair, just and reasonable. Procedural justice means that everyone involved gets a full opportunity to be heard before a decision is made.

India has a unified judicial system. The Supreme Court is at the top, High Courts are at the State level, and subordinate courts work below the High Courts.

The Supreme Court is India’s highest court of law. It came into existence on 26 January 1950 and is the final interpreter of the Constitution.

A High Court is the highest court at the State level. India has 25 High Courts, with some serving more than one State or Union Territory.

These are courts below the High Courts, including District Courts, Sessions Courts, Revenue Courts and Small Causes Courts. They are especially important because they are closest to ordinary people.

Tribunals are specialised bodies that decide particular types of disputes, such as consumer, environmental, service, corporate and Armed Forces matters.

Digital initiatives such as e-Filing, hybrid hearings, live streaming, translation of judgments and the National Judicial Data Grid make the judicial system more accessible and transparent.

Arbitration, mediation, Lok Adalats and Gram Nyayalayas provide ways to settle disputes outside the usual court process and can help reduce the burden on courts.

Answer: This is an activity-based question. Choose a real social issue that affects people’s rights, dignity, animals or nature. Explain the problem clearly and respectfully request the Judiciary to take notice of it.

Suggested format: Address → Subject → Description of the issue → Evidence or observations → Why the issue is important → Respectful request → Name and contact details.

Answer: Some possible solutions are improving court infrastructure, using digital case-management systems, increasing the number of support staff, encouraging mediation and Lok Adalats, improving legal aid and making suitable procedures faster and simpler.

These steps can help reduce delays while protecting the fairness of the judicial process.

Answer: The judge should examine the evidence, the nature of their work, their qualifications and responsibilities, the applicable law and the reason for the difference in pay. The judge should give both sides a full opportunity to explain their position before reaching a fair decision.

Answer: The residents could collect reliable evidence, report the pollution to the appropriate authorities and ask for action under environmental laws. They could also approach the appropriate judicial forum, including the National Green Tribunal where applicable. If the issue affects a wider public interest, a suitable public-interest legal remedy may also be considered.

Answer: This is a research activity. Select a judge from your State or district. Write about the judge’s education, judicial career, important contributions and why the person is remembered. Use reliable sources and keep the information factual.

Answer: This is a group activity. Interview a person connected with the judicial system and ask about their work, responsibilities, challenges and what gives them satisfaction. Present the main points to your class.

People in a society expect fair treatment and peaceful living. Governments make laws to regulate activities and decide what should happen when laws are not followed. A judicial system allows people to raise grievances and present their side so that disputes can be decided within the law and the Constitution.

However, a law itself should also be fair. Independent courts help protect constitutional values and ensure that laws and government actions remain within the constitutional framework.

Substantive justice focuses on the final result. It asks whether the decision is fair, just and reasonable.

Procedural justice focuses on the process. Every person involved should get a full opportunity to present their side before the court takes a decision. The chapter also reminds us of the principle that a person is presumed innocent until proved guilty.

India has a unified judicial system. The Supreme Court is at the apex, High Courts function at the State level and subordinate courts function below them, including District and other courts.

This structure allows cases to be heard at different levels and also provides opportunities for appeals. The subordinate judiciary is especially important because it is where the Judiciary comes into close contact with ordinary people.

The Supreme Court has several important jurisdictions. Under Article 131, it has original jurisdiction in certain disputes involving the Centre and States or between States. It has appellate jurisdiction to hear certain appeals from High Courts and specialised tribunals.

Under Article 143, the President can seek its opinion on a question of law or fact of public importance. Under Article 136, the Court has extraordinary discretionary power to grant Special Leave to Appeal in appropriate cases. The law declared by the Supreme Court is binding on all courts under Article 141, and Article 142 gives it power to pass orders necessary for doing complete justice.

Public Interest Litigation is a judicial mechanism used to address issues of public concern and give meaning to constitutional rights. The chapter mentions the case of Mrs Kapila Hingorani, who approached the Supreme Court about under-trial prisoners in Bihar. The Court ordered their release and issued guidelines for the release of many such prisoners.

Other examples include M.C. Mehta v. Union of India on environmental issues and Vishaka & Ors. v. State of Rajasthan, where the Supreme Court laid down guidelines against sexual harassment at the workplace.

A High Court is the highest court at the State level. It exercises powers within its territorial limits. It has writ jurisdiction under Article 226 and hears appeals from subordinate courts in civil and criminal matters as well as decisions of certain tribunals.

It also has supervisory power over subordinate courts and tribunals under Article 227. This helps ensure that lower courts and tribunals work within their authority and jurisdiction.

Tribunals are specialised quasi-judicial bodies established under different laws to decide particular types of disputes. Examples include consumer fora, the Central Administrative Tribunal, National Green Tribunal, National Company Law Tribunal, Armed Forces Tribunal and Appellate Tribunal for Electricity.

Specialisation allows particular types of disputes to be dealt with by bodies designed for those areas.

Digital technology allows litigants to check case details directly. Court orders and judgments can be made available to the public, including in multiple Indian languages. Important initiatives include e-Filing, hybrid hearings, live streaming of court proceedings, translation of judgments and the National Judicial Data Grid.

The chapter also mentions the Virtual Justice Clock at the Supreme Court, which supports transparency, accountability and access to real-time judicial data.

Arbitration involves an independent arbitrator or panel making a decision that is final and legally binding on the parties.

Mediation uses a neutral mediator to help the parties reach a mutual settlement. The mediator cannot impose a decision.

Lok Adalats help settle disputes amicably and can deal with cases pending in courts. Gram Nyayalayas are village-level courts designed to simplify access to justice and reduce the burden on regular courts.

The Supreme Court of India is the highest court of law in the country.

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

A litigant is a person involved in a legal case. Both the person who sues and the person who gets sued are called litigants.

Public Interest Litigation is a judicial mechanism used to address issues of public concern and give meaning to constitutional rights.

In mediation, a neutral person helps the parties reach a mutual settlement but cannot impose a decision. In arbitration, an independent arbitrator or panel gives a decision that is final and legally binding on the parties.

A Lok Adalat is a special forum where disputes can be settled amicably. It can deal with cases pending in courts and, in some situations, people can approach it before going to court.

Gram Nyayalayas are village-level courts established under the Gram Nyayalayas Act, 2008 to decentralise the judicial system and make justice more accessible.