The Role of the Judiciary in Our Society | CBSE Class 8 History Notes

This note covers justice and law, unfair laws, fair outcomes and hearings, the structure of Indian courts, judicial appointments and powers, public interest cases, specialised dispute bodies, digital access, and alternative ways of resolving disputes.

Why is justice essential, and what is the background to the judicial system?

Justice involves fair treatment that enables people to live with equality and dignity. It is essential for peace and harmony. The Preamble, the introductory statement of the Constitution of India, promises citizens social, economic and political justice.

The Constitution provides the framework within which government institutions exercise their powers. The founders of independent India laid the foundation for a judicial system suited to a democratic society. Its purpose includes giving people a way to seek fair treatment under law.

How do law and the judiciary work together?

Laws are general rules made by government to regulate people's activities and attach consequences to violations. As societies grew larger and more complex, systems of governance emerged. Governments received the power to administer society through laws and enforce them, with force if needed.

Consequences could include a fine, compensation to the affected person, or imprisonment in some cases. Compensation means making good a loss or harm. These different consequences show that seeking justice is not simply a demand for imprisonment in every dispute.

Definition: The judicial system enables people to complain about a grievance, or an experience of unfair treatment, and present their point of view so that justice can be achieved within the framework of law and the Constitution.

The judiciary is the institution responsible for fair adjudication, or deciding disputes according to law. It is independent of the legislature, which passes laws, and the executive, which administers government. This independence is essential for fair decisions between disputing parties.

The judiciary helps ensure that legislation stays within the Constitution and that the executive does not exceed its constitutional role. Personal and professional interactions may produce disagreements. Often disputes are resolved through dialogue, assisted settlement or decisions by courts of law.

Why can laws be unjust, and how have discriminatory laws affected people?

The existence of a law does not by itself make its treatment of people fair. Discriminatory laws treat people unequally on grounds such as community or race. Such laws can conflict with dignity and the principles of a democratic society.

What happened to discriminatory colonial laws?

After independence, hundreds of laws made during British rule were found to conflict with democratic principles. Over the years, the government reviewed laws and repealed over 1500 such laws. To repeal a law means to remove it from force.

The Criminal Tribes Act, 1871 labelled certain communities as criminals by birth. The Vernacular Press Act, 1878 restricted press freedom. Both have been repealed. Their treatment of communities and expression was inconsistent with justice and the principles of India as a democratic republic.

What do examples from other countries show?

The Jim Crow laws in parts of the United States prevented African Americans and other people of colour from using public facilities reserved exclusively for white people. Restrictions covered water fountains, public pools and restaurants. These laws were officially repealed in the 1960s.

Photograph: A person drinks at a water container marked “COLORED”. Background signs distinguish facilities for white and coloured men and women. This black-and-white photograph shows racial segregation of public facilities.

See Fig. 4.3 in your NCERT textbook

Apartheid was racial separation enforced by law in South Africa. During the mid to late twentieth century, people were divided by race, and people of colour faced severe restrictions. The laws limited access to public facilities and prevented life with dignity. Such laws were repealed in 1991.

These examples connect law with its effects on people. Restrictions imposed through legislation can deny equality and dignity. Reviewing and repealing unjust laws therefore matters alongside the fair application of laws in individual disputes.

How do substantive justice and procedural justice differ?

Substantive justice concerns the final result of a dispute. It asks whether the decision is fair, just and reasonable. Procedural justice concerns a full opportunity for every person involved to be heard before the court takes its decision.

A person who experiences injustice might want punishment, an apology or compensation. The accused person, meaning the person alleged to have done wrong, might want an opportunity to explain what happened. These different concerns bring both aspects of justice into view.

Why is a hearing important?

Hearing the people involved gives them the opportunity to present their points of view. A demand to correct an injustice must be considered alongside the accused person's opportunity to explain. A decision's outcome and the process leading to it are separate questions.

Note: As a rule, every person is presumed innocent until proved guilty. An accusation must not be treated as proof of guilt.

A central orange box labelled “Two important aspects of justice” connects to “Substantive justice” on the left and “Procedural justice” on the right. A small gavel is drawn within the central box.

See Fig. 4.4 in your NCERT textbook

To distinguish the two aspects, connect outcome with substantive justice and opportunity of hearing with procedural justice. A complete understanding of justice considers both the fairness of the result and the chance to be heard before it is reached.

How are Indian courts organised, and who serves in the Supreme Court?

India has a unified judicial system organised as a hierarchy, or arrangement of levels. The Supreme Court stands at the highest level, High Courts operate at the State level, and subordinate courts operate below them at the district level.

A triangle titled “COURTS IN INDIA” has three coloured bands. “Supreme Court” is in the blue top band, “High Courts” in the green middle band, and “District Courts” in the orange base.

See Fig. 4.5 in your NCERT textbook

What is the Supreme Court's position?

The Supreme Court of India is the country's highest court and the final interpreter of the Constitution. It came into existence on 26 January 1950, when the Constitution came into effect. An Article is a numbered provision of the Constitution. Article 124 provides for the Court’s establishment. Its seat is New Delhi.

The Chief Justice of the Supreme Court is designated the Chief Justice of India. The Court's strength is 33 other judges and the Chief Justice of India. The President of India appoints Supreme Court judges under Article 124.

What qualifications are required?

A person appointed as a Supreme Court judge must be an Indian citizen and meet one of the following alternatives. An advocate is a lawyer, while a jurist is a person with expertise in law.

• Have been a judge of a High Court, or High Courts, for five years.
• Have been an advocate of a High Court, or more than one High Court, for ten years.
• Be a distinguished jurist in the opinion of the President of India.

A Supreme Court judge retires at 65 years. Citizenship is required in addition to one of the listed qualifications. The alternatives should not be combined into a claim that every appointee must have completed both periods of judicial service and legal practice.

What kinds of jurisdiction does the Supreme Court exercise?

Jurisdiction means the authority to hear and decide particular matters. The Supreme Court has several kinds of jurisdiction. Each concerns a different route by which a matter reaches the Court or a different task it performs.

What are original and appellate jurisdiction?

Original jurisdiction concerns disputes that come directly before a court. Under Article 131, the Supreme Court has exclusive original jurisdiction over legal disputes between the Centre and a State; the Centre and a State against another State; and States, including river water disputes.

Appellate jurisdiction concerns hearing an appeal, which asks a higher court to reconsider a lower court's decision. The Supreme Court can hear an appeal from a High Court's final order if that court certifies constitutional interpretation or a substantial question of law, under Articles 132, 133 and 134A.

High Court judgments in criminal cases involving a death sentence, or certified as fit for appeal, can reach the Supreme Court under Articles 134 and 134A. It can also hear appeals from specialised dispute bodies such as the National Green Tribunal and National Company Law Appellate Tribunal.

What are advisory powers and special leave?

Advisory jurisdiction allows the Supreme Court to give an opinion when the President seeks one on a question of law or fact of public importance. Under Article 143, such a matter must be heard by a Constitution Bench, a group of judges sitting together on such a matter, with at least five judges.

A decree is a formal court decision. A Special Leave Petition requests the Supreme Court's special permission to appeal. Article 136 gives the Court extraordinary discretionary authority concerning judgments, decrees or orders of courts or tribunals in India, where a question of law of general public importance arises or substantive justice is required between parties.

Discretionary means that granting this permission involves the Court's choice. A tribunal is a body established to settle specified kinds of disputes. These terms distinguish special permission from treating every decision as automatically entitled to a further appeal.

Why do Supreme Court decisions matter throughout India?

Under Article 141, the law declared by the Supreme Court binds all courts in India. Article 142 empowers it to pass orders necessary for complete justice. Article 144 requires civil and judicial authorities to act in its aid.

How do writ petitions and public interest litigation protect rights?

Fundamental Rights are rights guaranteed by Part III of the Constitution. They include equality, liberty, life, freedom of speech and freedom of religion. Writ jurisdiction gives the Supreme Court and High Courts authority to enforce these rights.

A writ petition is an application asking a constitutional court to enforce rights. A citizen can approach the Supreme Court directly under Article 32 where the issue has implications across India, or a High Court under Article 226 concerning violations within the State's territorial limits.

What is public interest litigation?

Public Interest Litigation (PIL), filed under Articles 32 and 226, addresses matters of public concern. The Supreme Court introduced it to give meaning to the Right to Life under Article 21. It connects court action with problems affecting people beyond a single private dispute.

The first reported PIL involved lawyer Kapila Hingorani. She read that some prisoners undergoing trial had already spent longer in jail than their punishment would have been if found guilty. These under-trial prisoners were people whose trials were still in progress.

She filed a writ petition seeking the release of such prisoners in Bihar. The Supreme Court immediately ordered their release and issued guidelines for releasing almost 40,000 under-trial prisoners across India. “Almost” is essential: it does not mean an exact total of 40,000.

Which other cases illustrate public concerns?

In M.C. Mehta versus Union of India, the Supreme Court took up environmental matters such as cleaning the River Ganga and protecting the Taj Mahal. “Versus” means “against” in a case title and separates the opposing parties.

In Vishaka and others versus State of Rajasthan, the Supreme Court laid down guidelines against sexual harassment at work in 1997. In 2013, the government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Citizens can assist the judicial system by bringing social concerns affecting the rights of people, animals and nature to its attention. The prisoner, environmental and workplace examples show different kinds of public concerns taken up through judicial action.

How do High Courts serve States and Union Territories?

A High Court is the highest court at the State level. Article 214 provides for a High Court in each State. India has 28 States and 25 High Courts because, in some cases, States or Union Territories share a common High Court.

Which territories do the High Courts cover?

The following list records the courts and their territorial coverage; “S. No.” means serial number. A Union Territory is a territory administered under the Union's constitutional arrangements. Shared coverage explains why counting States alone does not give the number of High Courts.

How are High Court judges appointed?

Each High Court has a Chief Justice and other judges; the number varies between States. The President appoints them in consultation with the Chief Justice of India, the State Governor and the Chief Justice of the High Court concerned.

Article 217(2) requires Indian citizenship and service in a judicial office in India or practice as an advocate of one or more High Courts for ten years. High Court judges retire at 62 years, under Articles 217(1) and 224(3).

What powers does a High Court exercise?

A High Court exercises powers within its territorial limits, including writ jurisdiction under Article 226. It hears appeals from subordinate courts in civil and criminal matters and from certain tribunals. Civil matters concern non-criminal disputes; criminal matters concern alleged offences.

Under Article 227, its superintendence, or supervisory authority, keeps courts and tribunals within the bounds of their powers. This power is to be exercised sparingly. High Courts' writ and supervisory jurisdiction form part of the Constitution's basic structure, its fundamental framework.

Who participates in the judicial system below the High Courts?

Subordinate courts form the system of courts below a High Court in each State. Articles 233 to 237 regulate their organisation and help ensure their independence. They are especially important because this is where the judiciary comes into close contact with people.

What do subordinate courts and District Judges do?

Subordinate courts broadly include District Courts, Sessions Courts, Revenue Courts and Small Causes Courts. They belong to the judicial structure operating below the High Courts. This structure places courts closer to the people whose disputes require consideration.

The Governor appoints District Judges in consultation with the High Court under Article 233. The High Court must maintain and uphold the honour and integrity of the subordinate judiciary in the State concerned.

How do High Courts supervise this work?

High Courts exercise supervisory control over subordinate courts within their territorial limits. Supervision concerns whether courts act within their authority. It connects the different levels of the unified system while preserving the importance of courts that deal directly with people's cases.

What is the role of litigants?

A litigant is a person involved in a legal case. Both the person who sues, or brings the case, and the person sued are litigants. The judicial system gives affected people a means of complaining and presenting their points of view.

Fair hearings matter to both sides. The people involved need an opportunity to explain their positions before a decision. Independence, supervision and opportunities to be heard therefore concern the working of the whole judicial system, including its lower courts.

How do tribunals resolve specialised disputes?

Tribunals are specialised bodies created under laws to decide particular categories of disputes. They are quasi-judicial, meaning they perform functions resembling those of courts. Their subject areas help identify the kinds of issues they handle.

Insolvency concerns inability to pay debts, while bankruptcy concerns a legal process dealing with such inability. These terms help explain the financial disputes included within the National Company Law Tribunal's work.

Six arrows extend from a central blue circle containing a gavel. Around it are symbols and labels for consumer, environmental, government service, Armed Forces, electricity and company disputes.

See Fig. 4.7 in your NCERT textbook

How did a consumer complaint help a family?

In 2011, a builder planned to construct a complex of flats. A family paid an advance of almost ₹65 lakhs for a flat. Here ₹ denotes Indian rupees, and a lakh means one hundred thousand. The family visited the site regularly.

Even after four years, no building had appeared where their flat was meant to be constructed. This breached the agreement, meaning the builder failed to fulfil what had been agreed. The family complained to the National Consumer Commission.

After hearing both parties, the Commission ordered the builder to return the money with interest and pay the cost of litigation, meaning the legal proceedings. Interest is an additional amount payable on the money. The remedy therefore covered both repayment and the additional amounts ordered by the Commission.

The case links a specialised consumer body with the two aspects of justice. Both parties were heard before a decision, and the order addressed the family's loss through repayment, interest and litigation costs. The amount remains “almost ₹65 lakhs”, rather than an exact payment.

What impact do legal changes and digital technology have on access to justice?

Changes in laws and the use of digital technology seek to make the justice system more modern, accessible and transparent. They concern both the framework of legal proceedings and people's ability to find information about cases.

Which older criminal laws have been replaced?

These laws aim to support faster justice, digital evidence and better protection for victims while making the system modern, transparent and effective. Digital evidence means evidence in electronic form. An aim should not be confused with a claim that every case is already resolved quickly.

How can people access court information?

Litigants can directly check their case details instead of relying only on lawyers. Copies of court orders and judgments are freely available to the public in multiple languages. This allows people to read and understand court proceedings more easily.

Digital initiatives include e-Filing, or submitting documents electronically; hybrid hearings, which combine physical and remote participation; and live streaming, which broadcasts proceedings as they happen. Translation of judgments into Indian languages is another initiative.

The National Judicial Data Grid provides access to judicial information. Since 2024-2025, a large screen dedicated to the Virtual Justice Clock has been positioned at the main entrance gates of the Supreme Court, providing free access to real-time judicial data.

These measures support transparency and accountability. Direct access to case details, readable judgments and current judicial information helps people understand proceedings. The initiatives seek to make the judicial system more user-friendly, alongside the continuing work of courts at different levels.

How do arbitration, mediation and local forums help resolve disputes?

Alternative dispute resolution refers to methods used to settle disputes beyond ordinary court adjudication. Courts increasingly encourage litigants to use these methods to strengthen the justice system and reduce its burden. Different methods give different roles to the person helping resolve a dispute.

How does arbitration differ from mediation?

In arbitration, parties agree to refer a dispute to an independent decision-maker, called an arbitrator, or to a panel of arbitrators. The arbitrator can be a retired judge, lawyer or expert. Arbitration operates under the Arbitration and Conciliation Act, 1996.

The arbitrator must act fairly and impartially and allow each side to present its case. The decision is final, legally binding on the parties and enforceable by a court. “Legally binding” means that the parties are required by law to comply.

In mediation, a neutral person called a mediator assists the parties in reaching a mutual settlement. A mediator has no power to decide the dispute or impose a view. Mediation is the most common form of alternative dispute resolution and is governed by the Mediation Act, 2023.

How do Lok Adalats and Gram Nyayalayas help?

Lok Adalats are special forums for amicable settlement, meaning settlement by agreement. They function as people's courts and have statutory recognition, or recognition under law, through the Legal Services Authorities Act, 1987. They seek to reduce the backlog of cases without formal adjudication's rigours.

Lok Adalats can resolve disputes already pending in courts. In some cases, parties can approach them even before going to court. This qualification matters: it should not be turned into a statement that every dispute can follow this route.

Gram Nyayalayas are mobile, village-level courts established under the Gram Nyayalayas Act, 2008. They are intended to decentralise the judicial system, or bring its work to local levels, and reduce the burden on regular courts.

Gram Nyayalayas decide disputes using simplified procedures without technicalities. Their role should be distinguished from a mediator's role: they function as courts, while a mediator helps parties reach agreement and cannot impose a decision.

What timeline connects the laws and developments discussed here?

The following timeline places the dated laws and developments in chronological order. Dates attached to an Act identify the named law; they should not automatically be treated as dates when later changes took effect. Broad periods remain broad periods.

The sequence connects removal of discriminatory laws, the constitutional judicial system, rights protection and methods of improving access to justice. It does not imply that these different developments formed a single case or one continuous legal proceeding.

Keep the consumer dispute's four-year wait separate from dates of statutes and constitutional changes. Similarly, retain “1960s” as a decade and “since 2024-2025” as a period instead of inventing exact days or months.

What do constitutional and legal sources reveal about justice?

The Preamble records the adoption of the Constitution on 26 November 1949 and promises social, economic and political justice. It connects justice with liberty, equality and fraternity, providing a statement of the values underlying the constitutional framework.

The Criminal Tribes Act, 1871 and the Vernacular Press Act, 1878 illustrate discriminatory colonial laws. One labelled communities as criminals by birth; the other restricted press freedom. Their repeal reflects their incompatibility with democratic principles and justice.

Court guidelines and legislation also show responses to injustice. In Vishaka and others versus State of Rajasthan, the Supreme Court issued guidelines against workplace sexual harassment in 1997. The government later enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Court orders and judgements are freely available in multiple languages, allowing people to read and understand court proceedings. Litigants can also check their case details directly. These records make judicial decisions and proceedings more accessible to the public.

Glossary

• Judiciary — The institution that decides disputes fairly according to law and helps uphold the constitutional framework.
• Judicial system — The system through which people complain about grievances and present their views to seek justice under law.
• Substantive justice — Justice concerned with whether the final outcome is fair, just and reasonable.
• Procedural justice — Justice requiring a full opportunity for everyone involved to be heard before a court decides.
• Jurisdiction — A court's authority to hear and decide particular matters within its legally defined powers.
• Writ petition — An application to a constitutional court seeking enforcement of rights through its writ jurisdiction.
• Public Interest Litigation — Litigation addressing public concerns, introduced by the Supreme Court to give meaning to the Right to Life.
• Under-trial prisoner — A person held in prison whose trial is still in progress.
• Tribunal — A body established to settle specified categories of disputes, such as environmental or service matters.
• Litigant — A person involved in a legal case, whether bringing the case or being sued.
• Arbitration — Dispute resolution in which parties agree to an independent arbitrator or panel making a binding decision.
• Mediation — A process in which a neutral mediator helps disputing parties reach a mutual settlement without imposing a decision.
• Lok Adalat — A people's court providing a forum for amicable settlement of disputes and reducing the judicial backlog.
• Gram Nyayalaya — A mobile village-level court designed to decide disputes through simplified procedures without technicalities.
• Repeal — Removal of a law from force, as with the discriminatory laws discussed here.

Common errors and misconceptions

• Misconception: Every law must be just because government made it. Correct: Laws can discriminate; examples include the Criminal Tribes Act and Jim Crow laws.
• Misconception: Substantive and procedural justice mean the same thing. Correct: The first concerns a fair outcome; the second requires a full hearing before a decision.
• Misconception: An accusation establishes guilt. Correct: As a rule, a person is presumed innocent until proved guilty.
• Misconception: Twenty-eight States must mean twenty-eight High Courts. Correct: There are 25 High Courts because some States or Union Territories share a court.
• Misconception: Supreme Court and High Court judges retire at the same age. Correct: Their retirement ages are 65 and 62 years respectively.
• Misconception: A mediator can impose a settlement just like an arbitrator. Correct: A mediator assists agreement but has no power to decide or impose a view.
• Misconception: Only the person bringing a case is a litigant. Correct: Both the person who sues and the person sued are litigants.
• Misconception: The prisoner-release guidelines concerned exactly 40,000 prisoners. Correct: They concerned almost 40,000 under-trial prisoners throughout India.

Exam-style questions with model answers

Q1. Substantive justice asks whether an outcome is fair, just and reasonable. Procedural justice requires everyone involved to have a full hearing before a decision. Distinguish these two aspects in two points. [2 marks]

1. Substantive justice focuses on the fairness, justice and reasonableness of the final result.
2. Procedural justice focuses on giving every person involved a full opportunity to be heard before deciding.

Q2. India has 28 States and 25 High Courts. Some States or Union Territories share a High Court: Punjab, Haryana and Chandigarh share the Punjab & Haryana High Court. Explain the unequal totals and give the supplied example. [2 marks]

1. The number of High Courts differs from the number of States because some States or Union Territories share a common High Court.
2. Punjab, Haryana and the Union Territory of Chandigarh share the Punjab & Haryana High Court.

Q3. Kapila Hingorani read about prisoners held during trial for longer than their possible punishment. She petitioned for such prisoners in Bihar. The Supreme Court immediately ordered their release and issued guidelines to release almost 40,000 under-trial prisoners across India. Explain the problem, action and response. [3 marks]

1. The problem involved prisoners still undergoing trial who had already spent longer in jail than the punishment they would have received if found guilty.
2. Kapila Hingorani brought the issue to the judiciary by filing a writ petition seeking the release of such under-trial prisoners in Bihar.
3. The Supreme Court immediately ordered their release and issued guidelines for releasing almost 40,000 under-trial prisoners throughout India.

Q4. In 2011 a builder planned flats. A family paid almost ₹65 lakhs, but no building appeared even after four years. The National Consumer Commission heard both sides and ordered repayment with interest and litigation costs. Explain the grievance, route to justice, hearing and remedy. [4 marks]

1. The family had paid almost ₹65 lakhs for a flat, but even after four years the expected building had not appeared, breaching the agreement.
2. The family took its complaint against the builder to the National Consumer Commission to seek redress for the unfulfilled agreement.
3. The Commission listened to both parties before deciding, providing each side with an opportunity to present its position.
4. The Commission ordered the builder to refund the amount with interest and also pay the costs of the legal proceedings.

Q5. Arbitration uses an agreed independent arbitrator, who must act fairly and impartially, hear both sides and make a binding, court-enforceable decision under the Arbitration and Conciliation Act, 1996. Mediation appoints a neutral helper to assist a mutual settlement, without power to impose a decision or view, under the Mediation Act, 2023. Compare the methods through five points: selection, role, hearing, outcome and law. [5 marks]

1. Arbitration begins with the parties agreeing to refer their dispute to an independent arbitrator. Mediation involves appointing a neutral person to help the disputing parties.
2. The arbitrator acts as a decision-maker in the dispute. The mediator's role is to assist the parties in reaching their own mutual settlement.
3. In arbitration, each party presents its case to a fair and impartial arbitrator before a decision. In mediation, the parties discuss the dispute with a neutral helper to reach a mutual settlement.
4. The arbitrator's decision binds the parties and can be enforced by a court. A mediator has no authority to impose a decision or personal view.
5. Arbitration operates under the Arbitration and Conciliation Act, 1996. Mediation is governed by the Mediation Act, 2023, reflecting their distinct legal arrangements.

Q6. The Supreme Court is India's highest court and final constitutional interpreter, seated in New Delhi under Article 124. The President appoints its judges. Its strength is the Chief Justice of India plus 33 judges, who retire at 65. Present five facts covering position, location, appointment, composition and retirement. [5 marks]

1. The Supreme Court occupies the highest position in India's judicial system. It also serves as the final interpreter of the Constitution of India.
2. The Court is seated in New Delhi. Article 124 of the Constitution provides for the establishment of this highest court in the country.
3. The President of India appoints the judges of the Supreme Court. The appointment authority is therefore distinct from the judicial role performed by those judges.
4. The Court consists of the Chief Justice of India and 33 other judges. The Chief Justice is the designation of the head of the Court.
5. A Supreme Court judge retires on reaching 65 years of age. This is the retirement age relevant to the judges described in this question.

Q7. Court technology lets litigants check cases directly instead of relying only on lawyers, offers free orders and judgments in multiple languages, and provides real-time judicial data through the Virtual Justice Clock for free, supporting transparency. Explain three ways these measures improve public access to information. [3 marks]

1. Direct access to case details lets litigants check information for themselves instead of relying only on their lawyers to learn about their cases.
2. Free court orders and judgments in multiple languages allow members of the public to read the decisions and understand proceedings more easily.
3. The Virtual Justice Clock provides free access to real-time judicial data, supporting greater transparency about judicial work and making current information available.

Q8. Lok Adalats settle disputes amicably under the Legal Services Authorities Act, 1987, including pending cases and, in some cases, disputes before court action. Gram Nyayalayas are mobile village-level courts under the Gram Nyayalayas Act, 2008, using simplified procedures without technicalities to decentralise justice and reduce the burden on regular courts. Explain two features of each. [4 marks]

1. Lok Adalats are people's courts with statutory recognition under the Legal Services Authorities Act, 1987. Their purpose includes resolving disputes amicably.
2. They can settle pending court cases. In some cases, parties can approach them even before going to court; this possibility is qualified.
3. Gram Nyayalayas are mobile courts operating at village level under the Gram Nyayalayas Act, 2008, bringing judicial work closer to local communities.
4. They use simplified procedures without technicalities to decide disputes, helping decentralise the system and reduce the burden on regular courts.

Key takeaways

• Justice supports equality, dignity, peace and harmony; the judiciary decides disputes within the framework of law and the Constitution.
• Substantive justice concerns a fair outcome, while procedural justice requires a full opportunity to be heard before a decision.
• India's unified court system places the Supreme Court above High Courts, with subordinate courts below the High Courts.
• Supreme Court powers include original, appellate, advisory and writ jurisdiction, together with discretionary authority to grant special leave to appeal.
• Public Interest Litigation addresses public concerns, including prisoners' rights, environmental protection and protection against sexual harassment at work.
• High Courts hear appeals, enforce rights and supervise lower courts; their supervisory power is to be exercised sparingly.
• Specialised tribunals handle particular categories of disputes, while digital initiatives improve access to case details and judicial information.
• Arbitrators make binding decisions, mediators assist agreement, and Lok Adalats and Gram Nyayalayas provide other routes towards resolving disputes.

Test yourself

What does the Preamble promise about justice?

It promises all Indian citizens social, economic and political justice.

What does procedural justice require before a court decides?

Every person involved must have a full opportunity to be heard before the decision.

Who appoints District Judges, and in consultation with whom?

The State Governor appoints District Judges in consultation with the High Court under Article 233.

What is the minimum size of the Constitution Bench for an advisory matter?

Such an advisory matter must be heard by at least five judges under Article 143.

Why must “almost” be retained with the prisoner-release figure?

The guidelines concerned almost 40,000 prisoners, so an exact total of 40,000 would change the claim.

What distinguishes an arbitrator's authority from a mediator's?

An arbitrator makes a legally binding decision; a mediator helps reach agreement and cannot impose a decision.

Why are there fewer High Courts than States?

Some States or Union Territories share a common High Court, giving 25 High Courts for 28 States.

What are Gram Nyayalayas designed to do?

They bring mobile courts to villages, decide disputes through simplified procedures and reduce the burden on regular courts.