The Role of the Judiciary in Our Society

Chapter at a Glance

• The Preamble guarantees social, economic and political justice; the judiciary ensures fair adjudication and upholds the Constitution.
• Judiciary is an independent pillar of government, separate from legislature and executive, and prevents both from exceeding constitutional limits.
• Justice has two aspects: substantive justice (fair outcome) and procedural justice (full hearing and presumption of innocence until proven guilty).
• Indian judicial system is unified and hierarchical: Supreme Court (apex), High Courts (state level) and Subordinate Courts (district level).
• Supreme Court exercises writ jurisdiction (Art. 32), original jurisdiction (Art. 131), appellate jurisdiction, advisory jurisdiction (Art. 143) and special leave petitions (Art. 136).
• High Courts exercise writ jurisdiction (Art. 226) and supervisory powers (Art. 227) over subordinate courts and tribunals.
• Public Interest Litigation (PIL) and digital initiatives (e-filing, NJDG, live streaming) expand access to justice.
• Alternative dispute resolution mechanisms—arbitration, mediation, Lok Adalats and Gram Nyayalayas—reduce court burden and promote amicable settlement.

Key Terms and Concepts

• Justice: Fair treatment ensuring equality and dignity; delivered through laws and courts.
• Substantive justice: Focus on whether the final outcome is fair and reasonable.
• Procedural justice: Ensures every party gets a full hearing; every person is presumed innocent until proved guilty.
• Writ jurisdiction: Power of Supreme Court (Art. 32) and High Courts (Art. 226) to enforce Fundamental Rights.
• Public Interest Litigation (PIL): Petition filed for issues affecting the public at large (first case by Mrs. Kapila Hingorani).
• Original jurisdiction: Supreme Court’s exclusive power to decide disputes between Centre and States (Art. 131).
• Appellate jurisdiction: Power to hear appeals from High Courts and certain tribunals.
• Advisory jurisdiction: Supreme Court’s opinion to the President on questions of law or fact (Art. 143).
• Special Leave Petition: Discretionary power of Supreme Court to grant appeal in cases of general public importance (Art. 136).
• Tribunal: Quasi-judicial body deciding specific categories of disputes (e.g., NGT, NCLT).
• Arbitration: Parties refer dispute to an independent arbitrator whose decision is binding.
• Mediation: Neutral mediator helps parties reach a mutual settlement (Mediation Act, 2023).
• Lok Adalat: People’s court for amicable settlement of pending or pre-litigation cases (Legal Services Authorities Act, 1987).
• Gram Nyayalaya: Village-level mobile court for simplified, speedy justice (Gram Nyayalayas Act, 2008).

Important Facts

Cause and Effect

• Colonial discriminatory laws existed → post-independence review and repeal of >1500 laws (effect: alignment with democratic values).
• Need to enforce Fundamental Rights and check misuse of power → writ jurisdiction and PIL introduced (effect: citizens can directly approach courts on public issues).
• Huge backlog of cases → promotion of ADR mechanisms and digital tools (effect: faster, cheaper and more accessible justice).
• Complex modern disputes → specialised tribunals created (effect: expert and speedy resolution of specific matters).

Maps, Sources and Visuals

• Fig. 4.1: Photograph of Supreme Court building, New Delhi.
• Fig. 4.2: Preamble to the Constitution.
• Fig. 4.4: Diagram showing Substantive Justice and Procedural Justice.
• Fig. 4.5: Simplified hierarchy chart of Indian courts (Supreme Court → High Courts → District Courts).
• Fig. 4.6: Illustration of Writ Petition.
• Fig. 4.7: Table/chart of Tribunals and their jurisdictions (NGT, NCLT, CAT, etc.).
• Table of 25 High Courts with states/UTs they cover.
• Case references: M.C. Mehta, Vishaka, Kapila Hingorani PIL.

Common Misconceptions and Exam Pitfalls

• Confusing “original jurisdiction” with appellate powers—original jurisdiction applies only to Centre–State disputes.
• Assuming all High Courts are separate; some states share a common High Court.
• Forgetting that PIL can be filed directly in Supreme Court or High Court under Articles 32/226.
• Mixing retirement ages: Supreme Court judges (65) vs High Court judges (62).
• Overlooking that the law declared by the Supreme Court is binding on all courts (Art. 141).
• Treating tribunals as regular courts—they are quasi-judicial bodies for specific disputes only.