The Role of the Judiciary in Our Society Class 8 Notes SST Part 2 Chapter 4 - #NCSOLVE 📚

Reviewing Class 8 Social Science Notes and Class 8 SST Part 2 Chapter 4 The Role of the Judiciary in Our Society Notes regularly helps in retaining important facts.

Class 8 The Role of the Judiciary in Our Society Notes

The Role of the Judiciary in Our Society Notes Class 8

Role and Importance of the Judiciary in India

• The Preamble of the Constitution of India guarantees every citizen social, economic and political justice.
• The makers of the Indian Constitution established a strong and independent judicial system as a key feature of the country’s democratic framework.
• Justice is necessary for maintaining peace, order and harmony in society. It allows individuals to live with equality, fairness and dignity.
• The Judiciary is responsible for resolving disputes fairly by applying the law impartially. It ensures that every person receives equal and just treatment under the law.
• As society involves many personal, social and professional interactions, disagreements and conflicts naturally arise. Such disputes can often be settled through dialogue, mediation or decisions made by courts of law.
• The Judiciary ensures that laws enacted by the Legislature are within the framework of the Constitution.
• The Judiciary also prevents the Executive from exceeding the powers and responsibilities assigned to it by the Constitution.
• The Judiciary is an independent pillar of the government. It gives fair and just decisions in disputes.

→ The Connection between Law and Justice

As human societies became larger and more complex, systems of governance developed to maintain order and ensure justice.
Governments were entrusted with the responsibility of ensuring fair treatment and peaceful coexistence through the creation and enforcement of laws.
Laws are general rules made by the government to regulate the behaviour of individuals in society.
Those who violate laws may face penalties such as fines, compensation to the affected party, or imprisonment, depending on the nature of the offence.
The judicial system enables individuals to seek justice by presenting their grievances before courts.
It ensures that disputes are resolved fairly and in accordance with the law and the Constitution.

→ Repeal of Unjust Laws in India

• After independence, many colonial-era laws were found to be discriminatory and inconsistent with democratic values.
• The Government of India has reviewed and repealed more than 1,500 such outdated laws.
• The Criminal Tribes Act, 1871, which labelled certain communities as criminals by birth, was repealed because it violated the principles of justice.
• The Vernacular Press Act, 1878, which restricted the freedom of the press, was also repealed as it was inconsistent with democratic ideals.

Examples of Unjust Laws in Other Countries:

• In the United States, the Jim Crow Laws enforced racial segregation and denied African Americans and other people of colour equal access to public facilities such as schools, restaurants and public transport. These laws were repealed in the 1960s.
• In South Africa, apartheid laws discriminated against people on the basis of race and denied non-white citizens equal rights and dignity. These laws were repealed in 1991.

→ Understanding Justice

• A person who experiences injustice may expect the wrongdoer to be punished, apologise or provide compensation. At the same time, the accused person has the right to explain their side before a decision is made.
• Justice therefore requires both a fair outcome and a fair process.
• The important aspects of justice are
  • Substantive Justice: It focuses on the final outcome of a case and ensures that the decision reached is fair, just and reasonable.
  • Procedural Justice: It ensures that every person involved is given a fair opportunity to present their case before the court.

The Judicial System in India

The judicial system in India follows a unified structure with a clear hierarchy of courts.

It has three levels of courts. The Supreme Court is at the top, High Courts are at the state level and Subordinate (District) Courts are at the district level.

The Supreme Court of India

• The Supreme Court of India is the highest judicial authority in the country.
• It was established on 26th January, 1950, the day the Constitution of India came into force.
• The Supreme Court is the final interpreter and guardian of the Constitution of India.
• Article 124 of the Constitution provides for the establishment of the Supreme Court, which is located in New Delhi.
• The head of the Supreme Court is known as the Chief Justice of India (CJI).
• The current sanctioned strength of the Supreme Court is 33+1 i.e., the Chief Justice of India and 33 Supreme Court judges.
• Under Article 124 of the Constitution, the President of India appoints the Chief Justice of India and the other judges of the Supreme Court.

→ Qualification & Retirement

To be appointed as a judge of the Supreme Court, a person must have

• Citizenship of India.
• Served as a High Court judge for at least five years.
  • Practiced as an advocate in one or more High Courts for at least ten years.
  • To be recognised as a distinguished jurist in the opinion of the President of India.
• A judge of the Supreme Court retires upon attaining the age of 65 years.

Knowledge Plus:

• The logo of the Supreme Court of India includes several familiar elements.
• One of these is the Sanskrit motto “यतो धर्मस्ततो जयः” (Yato Dharmastato Jayah).
• The motto means “Where there is dharma, there is victory.”

→ Writ Jurisdiction of the Supreme Court and High Courts

• The Constitution grants writ jurisdiction to the Supreme Court and High Courts to enforce the Fundamental Rights guaranteed under Part III.
• Fundamental Rights include the Right to Equality, Right to Liberty, Right to Life, Freedom of Speech and Freedom of Religion.
• A citizen can file a writ petition in the Supreme Court (Article 32) or the High Court (Article 226) for violation of Fundamental Rights, within the High Court’s territorial jurisdiction of a state.

→ Original Jurisdiction of the Supreme Court

• Under Article 131, the Supreme Court has exclusive original jurisdiction over certain disputes.
• It decides disputes between the Centre and a State.
• It also settles disputes between the Centre and one or more States on one side and another State on the other.
• The Supreme Court also hears disputes between States, including river water disputes.

→ Appellate Jurisdiction of the Supreme Court

• The Supreme Court hears appeals against final judgements of High Courts in cases involving constitutional interpretation or substantial questions of law (Articles 132, 133, 134A).
• It also hears appeals in criminal cases involving the death sentence or cases certified as fit for appeal by the High Court (Articles 134 and 134A).
• The Supreme Court has the authority to hear appeals from specialised tribunals such as the National Green Tribunal (NGT) and the National Company Law Appellate Tribunal (NCLAT).

→ Advisory Jurisdiction

• Under Article 143, the President of India may seek the opinion of the Supreme Court on questions of law or matters of public importance.
• Such matters are decided by a Constitution Bench consisting of at least five judges.

→ Special Leave Petitions (Article 136)

• Under Article 136, the Supreme Court has the extraordinary discretionary power to grant Special Leave to Appeal against any judgements, decrees, or orders passed by any court or tribunal in India.
• This power is used when a question of law general public importance has arisen or to ensure complete justice between the parties.
• Under Article 141, the law declared by the Supreme Court of India is binding on all courts throughout the country.

→ Other Powers of the Supreme Court

• Under Article 142, the Supreme Court has the authority to pass any order necessary to ensure complete justice in a case.
• Under Article 144, all civil and judicial authorities in India are required to act in support of the Supreme Court.

Public Interest Litigation (PIL):

• Public Interest Litigation (PIL) is a legal innovation introduced by the Supreme Court to address issues affecting the public and to strengthen the Right to Life under Article 21.
• The first reported case of a PIL was filed by Mrs. Kapila Hingorani on behalf of undertrial prisoners in Bihar who had remained in jail longer than the maximum punishment for their alleged offences.
• The Supreme Court ordered the release of such prisoners and issued guidelines that led to the release of nearly 40,000 undertrial prisoners across India.
• In M.C. Mehta v. Union of India, the Supreme Court dealt with environmental issues, including the cleaning of the River Ganga and the protection of the Taj Mahal.
• In Vishaka & Others v. State of Rajasthan (1997), the Supreme Court laid down guidelines to prevent sexual harassment at the workplace, which
• later led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

High Court

• A High Court is the highest judicial authority at the state level.
• Article 214 of the Constitution provides for the establishment of a High Court in each state.
• India currently has 28 states. At present, there are 25 High Courts in the country.
• Some High Courts have jurisdiction over two or more states or Union Territories and are shared among them.

High Courts and States / Union Territories Covered:

High Court	States / Union Territories Covered
1. Allahabad High Court	Uttar Pradesh
2. Andhra Pradesh High Court	Andhra Pradesh
3. Bombay High Court	Maharashtra, Goa, Union Territory of Dadra & Nagar Haveli and Daman & Diu
4. Calcutta High Court	West Bengal and Union Territory of Andaman & Nicobar Islands
5. Chhattisgarh High Court	Chhattisgarh
6. Delhi High Court	Delhi
7. Gauhati High Court	Assam, Nagaland, Mizoram and Arunachal Pradesh
8. Gujarat High Court	Gujarat
9. Himachal Pradesh High Court	Himachal Pradesh
10. Jammu & Kashmir and Ladakh High Court	Union Territory of Jammu & Kashmir and Union Territory of Ladakh
11. Jharkhand High Court	Jharkhand
12. Karnataka High Court	Karnataka
13. Kerala High Court	Kerala and Union Territory of Lakshadweep
14. Madras High Court	Tamil Nadu and Union Territory of Puducherry
15. Madhya Pradesh High Court	Madhya Pradesh
16. Manipur High Court	Manipur
17. Meghalaya High Court	Meghalaya
18. Orissa High Court	Odisha
19. Patna High Court	Bihar
20. Punjab & Haryana High Court	Punjab, Haryana and Union Territory of Chandigarh
21. Rajasthan High Court	Rajasthan
22. Sikkim High Court	Sikkim
23. Telangana High Court	Telangana
24. Tripura High Court	Tripura
25. Uttarakhand High Court	Uttarakhand

→ Composition and Appointment of High Court Judges

• A High Court consists of a Chief Justice and other judges.
• The number of judges in a High Court differs from one state to another.
• High Court judges are appointed by the President of India in consultation with the Chief Justice of India, the Governor of the concerned State, and the Chief Justice of the respective High Court.
• According to Article 217(2) of the Constitution, a High Court judge must be a citizen of India.
• A person is eligible for appointment if they have held a judicial office in India or have practiced as an advocate of one or more High Courts for at least ten years.
• High Court judges retire at the age of 62 years, as provided under Articles 217(1) and 224(3).

→ Jurisdiction of the High Courts

• Every High Court exercises jurisdiction within its territorial limits.
• Under Article 226, a High Court has the power to issue writs for the enforcement of Fundamental Rights and other legal rights.
• High Courts hear appeals against the decisions of subordinate courts in civil and criminal cases. They also hear appeals against the decisions of certain tribunals.
• Every High Court exercises supervisory control over all subordinate courts and tribunals within its territorial jurisdiction.
• Under Article 227, the High Court has the power of superintendence to ensure that subordinate courts and tribunals function within the limits of their authority and jurisdiction. This supervisory power is exercised only in appropriate cases and with restraint.
• The writ jurisdiction and supervisory jurisdiction of the High Courts have been recognised as part of the basic structure of the Constitution.

→ Subordinate Courts

• Every state has a system of subordinate courts that functions below the High Court.
• Articles 233 to 237 of the Constitution contain provisions for the organisation of subordinate courts and ensure the independence of the subordinate judiciary.
• The subordinate judiciary forms an important part of the judicial system because it is the level at which courts interact most closely with the public. It includes District Courts, Sessions Courts, Revenue Courts and Small Causes Courts.
• Every High Court is responsible for maintaining and protecting the honour and integrity of the subordinate judiciary in its state.
• Under Article 233, the Governor of the State, in consultation with the High Court, appoints the District Judges.
• Tribunals are specialised bodies established under various laws.
• They are quasi-judicial in nature and decide specific categories of disputes.

Some Criminal Laws:

• The Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita, 2023.
• The Code of Criminal Procedure, 1973 has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023.
• The Indian Evidence Act, 1872 has been replaced by the Bharatiya Sakshya Adhiniyam, 2023.
• These new laws aim to deliver faster justice, promote the use of digital evidence, strengthen the protection of victims, and make the justice
• system more modern, transparent and effective.

Digital Technology and the Judicial System

• Digital technology has made the judicial system more accessible and transparent.
• Litigants can check their case details online without depending only on lawyers.
• Court orders and judgments are available online in multiple languages.
• People can easily read and understand court proceedings.

→ Digital Initiatives

Courts have introduced several digital initiatives to make the judicial system more accessible and user-friendly.
For example

• e-Filing
• Hybrid hearings
• Live streaming of court proceedings
• Translation of judgments into multiple Indian languages
• National Judicial Data Grid

Since 2024-2025, a large display screen called the Virtual Justice Clock has been installed at the main entrance of the Supreme Court of India. This initiative promotes transparency, accountability, and free public access to real-time judicial data.

→ Alternate Modes of Dispute Resolution (ADR)

• Courts encourage litigants to resolve disputes through alternate modes of dispute resolution to reduce the burden on the judiciary.
• Some common methods of alternate dispute resolution are arbitration, mediation, conciliation, negotiation and Lok Adalats.

→ Arbitration

• Arbitration is a method of dispute resolution in which the parties agree to refer their dispute to an independent arbitrator or a panel of arbitrators.
• An arbitrator may be a retired judge, a lawyer or an expert in a particular field.
• The arbitrator must act fairly and impartially while giving both parties an equal opportunity to present their case.
• The decision of the arbitrator or panel is final, legally binding and enforceable by a court of law.
• Arbitration in India is governed by the Arbitration and Conciliation Act, 1996.

→ Mediation

• Mediation is one of the most common forms of alternate dispute resolution.
• In mediation, a neutral person known as a mediator helps the parties reach a mutually acceptable settlement.
• A mediator cannot impose a decision or force a settlement on the parties.
• Mediation in India is governed by the Mediation Act, 2023.

→ Lok Adalats

• Lok Adalats are special forums where disputes are settled amicably. They can resolve cases that are already pending before courts.
• In certain cases, parties may approach a Lok Adalat even before filing a case in court.
• Lok Adalats derive statutory recognition under the Legal Services Authorities Act, 1987.
• They function as people’s courts to promote easy access to justice, reduce the burden on courts and encourage amicable settlement of disputes.

→ Gram Nyayalayas

• Gram Nyayalayas are established under the Gram Nyayalayas Act, 2008. They aim to decentralise the judicial system and reduce the workload of regular courts.
• Gram Nyayalayas function as mobile village-level courts.
• They follow simplified procedures with minimal technicalities to resolve disputes efficiently.

The post The Role of the Judiciary in Our Society Class 8 Notes SST Part 2 Chapter 4 appeared first on Learn CBSE.

📚 NCsolve - Your Global Education Partner 🌍

Empowering Students with AI-Driven Learning Solutions

Welcome to NCsolve — your trusted educational platform designed to support students worldwide. Whether you're preparing for Class 10, Class 11, or Class 12, NCsolve offers a wide range of learning resources powered by AI Education.

Our platform is committed to providing detailed solutions, effective study techniques, and reliable content to help you achieve academic success. With our AI-driven tools, you can now access personalized study guides, practice tests, and interactive learning experiences from anywhere in the world.

🔎 Why Choose NCsolve?

At NCsolve, we believe in smart learning. Our platform offers:

• ✅ AI-powered solutions for faster and accurate learning.
• ✅ Step-by-step NCERT Solutions for all subjects.
• ✅ Access to Sample Papers and Previous Year Questions.
• ✅ Detailed explanations to strengthen your concepts.
• ✅ Regular updates on exams, syllabus changes, and study tips.
• ✅ Support for students worldwide with multi-language content.

🌐 Explore Our Websites:

🔹 ncsolve.blogspot.com
🔹 ncsolve-global.blogspot.com
🔹 edu-ai.blogspot.com

📲 Connect With Us:

👍 Facebook: NCsolve
📧 Email: ncsolve@yopmail.com

#NCsolve #EducationForAll #AIeducation #WorldWideLearning #Class10 #Class11 #Class12 #BoardExams #StudySmart #CBSE #ICSE #SamplePapers #NCERTSolutions #ExamTips #SuccessWithNCsolve #GlobalEducation