Class 8 Social Science Chapter 11: The Role of the Judiciary
- 4 topics
- 100 MCQs
- 28 short answers
- 12 long answers
- 68 flashcards
- 20 games
- ~160 min read
- English
Law, Justice and the Gap Between Them
Why a legal rule can still be unjust, what the two aspects of justice ask, and why the judiciary has to be independent of the government it judges.
What you will be able to do
- Define a law and distinguish it from justice.
- Explain, with two examples, how a lawful rule can be unjust.
- Distinguish substantive from procedural justice.
- State the presumption of innocence and say whom it protects.
- Explain why the judiciary is kept independent of the other two organs.
Key points
A law is a general rule made by the government, binding on all, with a consequence for breach and the power of enforcement behind it.
Justice is the standard laws are measured against, which is why a lawful rule can still be unjust.
The Preamble promises all citizens social, economic and political justice.
The Jim Crow laws in parts of the United States barred people of colour from facilities reserved for white people, and were repealed in the 1960s.
Apartheid-era law in South Africa divided people by race until repeal in 1991; in both cases the wrong lay in the statute.
Substantive justice asks whether the outcome is fair, just and reasonable.
Procedural justice asks whether each person was fully heard first, and presumes innocence until guilt is proved.
Disputes are resolved by dialogue, by mediation, or by adjudication in a court of law.
The judiciary decides disputes and checks both the legislature's laws and the executive's actions, which is why it must be independent.
Full explanation
Start with a complaint, not a court
Think of a time somebody treated you unfairly. You probably wanted one of three things: for the person to be punished, for them to apologise, or for the loss to be made good somehow. The person you blamed probably wanted something too, and it was almost certainly the chance to explain. Hold on to all four of those wants. Everything in this chapter is built out of them.
What a law is
A law is a general rule, made by the government, that applies to everybody and carries a consequence if it is broken. The consequence may be as small as a fine. Governments are also given the power to enforce their laws, with force where that is needed. So a law is a rule plus the machinery to make it stick.
What justice is
Justice is harder to pin down, because it is not a rule but a standard. The Preamble to our Constitution promises every citizen social, economic and political justice, which is a wide promise: not just a fair vote, but a fair share and fair treatment. A society that has justice is one where people can live as equals, with dignity, and in peace with one another.
The gap
Here is the thing a civics chapter has to say plainly: a rule can be perfectly legal and still be unjust. The government makes laws in order to deliver justice, which is why the two are usually spoken of together. But the law is the instrument and justice is the standard, and an instrument can be built wrong.
A law that sorted people by colour
In parts of the United States, a set of laws known as the Jim Crow laws kept African Americans and other people of colour away from facilities set aside for white people. Drinking fountains, swimming pools, even restaurants were covered. None of this was illegal. It was the law, and it was enforced as the law. It was officially repealed only in the 1960s.
A law that sorted people by race
South Africa went further. During the apartheid era, in the middle and later twentieth century, the law itself divided people by race, and people classified as coloured faced severe restrictions under a whole range of statutes. Those restrictions kept citizens from using public facilities and from living with dignity. The laws concerned were repealed in 1991.
What the two examples share
In both cases the officials enforcing the rules were not breaking any law. The injustice sat inside the statute, which is why neither situation could be fixed by punishing an official. The only repair was to change the law, and in both countries that is eventually what happened. That sequence, unjust law to repealed law, is the clearest evidence that justice is the measure and not the measured.
Back to your own complaint
Now return to the unfairness you thought of at the start. You wanted punishment, or an apology, or compensation. The person accused wanted a hearing. Those pull in different directions, and the difference between them is the difference between the two aspects of justice that the rest of this topic is about.
Substantive justice
Substantive justice is about the result. It asks a single question of any decision: is this outcome actually fair, just and reasonable? Not whether the right forms were filled in, and not whether everybody was polite about it. Whether the answer, in the end, was the right one.
Procedural justice
Procedural justice is about the road to the result. It asks whether every person involved was given a full chance to be heard before the decision was taken. A hearing is not a courtesy that can be dropped when everyone is sure of the answer. It is half of what justice means.
The presumption that protects everybody
Procedural justice carries one rule that does a lot of work on its own: every person is presumed innocent until proved guilty. Notice who that protects. It protects the person who is in fact innocent and cannot yet prove it, which, before a hearing, is indistinguishable from the person who is guilty. That is exactly why the presumption has to come first.
Why one aspect is not enough
A fair-looking outcome reached without hearing one side is not justice, because nobody can know it was the right outcome. A long and careful hearing that ends in an unreasonable decision is not justice either. Both aspects have to hold, and a court that fails at either has failed.
Three ways a quarrel can end
Societies are full of interactions, personal and professional, so disagreements come from every direction. Many are settled by the parties simply talking: that is dialogue. Some are settled with help from a neutral person: that is mediation. Some are settled by a court deciding: that is adjudication. The court is one route out of a dispute, not the only one, and the last topic of this chapter comes back to the others.
What the judiciary is for
The judiciary is the institution that decides disputes fairly, according to the law, so that people are treated justly. It is one of government's three pillars, and it has a second job besides deciding quarrels. It checks that the laws the legislature passes stay inside the frame the Constitution sets, and that the executive does not step outside the role the Constitution gives it.
Why it has to be independent
Those two jobs explain why the judiciary is kept independent of the legislature and the executive. A court that could be instructed by the government would be useless for the very task of judging the government's own laws and actions. Independence is not a privilege the judges enjoy; it is a condition of the work being worth anything at all.
Concepts and terms
A general rule made by the government that binds everybody, carries a consequence if broken, and is backed by the state's power to enforce it.
Justice is what laws are measured against rather than a description of them, which is why statutes have had to be repealed for failing it.
The aspect of justice concerned with the result: whether the decision reached is fair, reasonable and just.
The aspect concerned with the route to the result: whether each person involved was fully heard, with innocence presumed until guilt is proved.
Keeping the judiciary free of the legislature and the executive, because its role includes judging the laws and actions of both.
Traps to avoid
Common misconceptions
The queue at the water fountain
Scenario:
Picture a public park in a town where the law says one drinking fountain is for some people and a second fountain, further away, is for everybody else. A police officer stands nearby to enforce it. A child walks up to the nearer fountain and is sent to the far one. Nothing illegal has happened. The officer is applying the law as written, and a court asked to rule on it would find the officer acted lawfully. The child has still been treated as less than equal, in public, by an arrangement the state built and the state polices.
Analysis:
This is why justice is treated as a standard above the law rather than a summary of it. Both historical examples in this topic worked exactly like the scene above: lawful, enforced, and wrong, until the law was changed.
Activity:
Rewrite the park's rule so that it passes the test of justice, in one sentence.
Sort the complaint
Title:
Sort the complaint
Safety:
No safety concerns; this is a paper exercise.
What You Notice:
The slips that belong in both boxes are the interesting ones. They show that substantive and procedural justice usually fail together, which is why courts are asked to look at each.
Did you know
The motto of the Supreme Court of India, in Sanskrit, says that where there is dharma there is victory.
The Jim Crow laws covered ordinary things such as drinking fountains, swimming pools and restaurants.
Procedural justice is why a court will hear a person everybody already believes to be guilty.
Memory tricks
The two aspects of justice — THE ANSWER, AND THE ASKING — Substantive justice judges the answer a court arrives at; procedural justice judges whether everybody was asked before it did.
Law against justice — THE RULER IS NOT THE LENGTH — A law is the instrument and justice is the standard, so measuring one by the other only works in one direction.
Practice MCQs with answers (25)
- A is older than the whole community that follows it
- B carries a consequence the state can enforce
- C is written down in some book or other
- D applies to some people and not to others
Show answer
Why:
Enforcement is part of the definition.
- A that the courts were founded at the same moment
- B that the promise is made to all citizens equally
- C that social and economic justice are promised too
- D that the Preamble comes before the articles do
Show answer
Why:
Three kinds, not one.
- A the princely states of old India
- B the whole of South Africa
- C several of the British colonies
- D parts of the United States
Show answer
Why:
Repealed there in the 1960s.
- A legality and justice always point the same way
- B unjust laws have existed and had to be repealed
- C only a court can ever decide whether a law is just
- D justice is a matter of opinion in every society
Show answer
Why:
Two examples, both repealed.
- A income, through the tax code
- B language, through the school system
- C race, through a range of statutes
- D religion, through separate courts
Show answer
Why:
Repealed in 1991.
- A neither, since the procedure was followed
- B procedural justice, which concerns only the hearing
- C both aspects have failed in equal measure
- D substantive justice, which concerns the outcome
Show answer
Why:
The hearing was fair; the result was not.
- A procedural justice, because nobody was heard
- B substantive justice, because of the final outcome
- C neither aspect, since the outcome was fair
- D the law itself rather than of justice
Show answer
Why:
A fair result nobody can verify.
- A as guilty, because the judge is experienced
- B as innocent, since guilt has not been proved
- C as neither, until the first witness appears
- D as guilty, unless the defence objects first
Show answer
Why:
Proof comes before belief.
- A mediation, prosecution, arbitration
- B dialogue, legislation, adjudication
- C dialogue, mediation, adjudication
- D adjudication, petition, inspection
Show answer
Why:
Three routes out of a quarrel.
- A can be enforced at a reasonable cost
- B are popular with a clear majority of citizens
- C do not duplicate laws made by the states
- D stay within the framework set by the Constitution
Show answer
Why:
The Constitution sets the frame.
- A I, II and III are all correct exactly as stated
- B I and II only, as courts do not watch ministers
- C II and III only, as it is not called a pillar
- D I only, since the other two overstate matters
Show answer
Why:
All three are in the chapter.
- A judge the acts of the government of the day
- B hear a very large number of cases
- C appoint its own judges without help
- D decide disputes between private parties
Show answer
Why:
You cannot judge your own instructor.
- A losing citizenship
- B paying a fine
- C a public apology
- D a written warning
Show answer
Why:
Consequences range from small to severe.
- A an apology from the wrongdoer
- B the wrongdoer to be punished for it
- C the hearing to be skipped for speed
- D compensation for what was lost
Show answer
Why:
Skipping the hearing defeats justice.
- A the complaint to be withdrawn
- B the case to be decided more quickly
- C a different judge to hear it
- D a chance to explain what happened
Show answer
Why:
That want is procedural justice.
- A it shows the law was measured against justice
- B it shows that courts can make laws when needed
- C it proves the law had never been enforced
- D it shows justice changes from age to age
Show answer
Why:
Something stood above the statute.
- A the power to try its own officials
- B the power to enforce those laws
- C the power to amend the Constitution
- D the power to appoint all of the judges
Show answer
Why:
A rule nobody enforces is advice.
- A procedural: is the outcome reasonable
- B substantive: was each side heard fully
- C substantive: is the outcome reasonable
- D procedural: was the law correctly quoted
Show answer
Why:
Outcome is substantive.
- A its people all earn an equal income
- B its laws are obeyed without any question
- C its disputes are all settled in the courts
- D its people live as equals and with dignity
Show answer
Why:
Equality and dignity, in peace.
- A Both true, and the reason explains the assertion
- B Both true, but the reason does not explain it
- C The assertion is true and the reason is false
- D The assertion is false and the reason is true
Show answer
Why:
Both statements are true, and the reason is exactly why the assertion holds. Because the wrong was written into the law, an official applying it correctly broke nothing, which is why the repair had to be repeal rather than prosecution.
- A by a court of law deciding it
- B by the two parties talking it through
- C with the help of a neutral person
- D by an order from the legislature
Show answer
Why:
The court decides.
- A adjudication rather than mediation
- B mediation rather than adjudication
- C dialogue, since they settled it themselves
- D litigation, since a third person was involved
Show answer
Why:
A helper, not a decider.
- A a steady growth in the economy
- B the full authority of the government
- C peace and harmony in a society
- D the independence of the judiciary
Show answer
Why:
Peace follows from fairness.
- A a court decision that takes many years
- B a lawful rule that most of the people dislike
- C an unlawful act that goes unpunished
- D a lawful rule that denies people dignity
Show answer
Why:
Lawful, and still wrong.
- A a sound judicial system in a democracy
- B a single code of law for every one state
- C a judiciary chosen by popular election
- D a system of courts run by the executive
Show answer
Why:
Judicial foundations, in a democracy.
Important short questions (7)
A law is a general rule made by the government, binding on everybody. It carries a consequence if it is broken and is backed by the power to enforce it.
Because justice is the standard a law is measured against, not a summary of what laws say. The Jim Crow laws and apartheid-era statutes were lawful and still denied people equality and dignity.
Substantive justice asks whether the outcome is fair, just and reasonable. Procedural justice asks whether each person involved was fully heard before the decision was taken.
Every person is presumed innocent until proved guilty. It protects the genuinely innocent, who before a hearing cannot be told apart from the guilty.
By dialogue between the parties, by mediation with a neutral person, or by adjudication in a court of law.
Deciding disputes fairly and according to law. It also checks that the legislature's laws stay within the Constitution and that the executive keeps inside its constitutional role.
Because one of its jobs is judging that government's own laws and actions. A court that can be instructed cannot perform that check at all.
Long answer questions (3)
A law is a general rule the government makes and can enforce. Justice is the standard such rules are measured against, which means the two can come apart. In parts of the United States the Jim Crow laws kept African Americans and other people of colour away from facilities reserved for white people. Fountains, pools and restaurants were covered. They were repealed only in the 1960s. In apartheid-era South Africa the law itself divided people by race, with severe restrictions on those classified as coloured, until repeal in 1991. In both cases officials enforcing the rules broke no law. The wrong sat in the statute, so nothing but repeal could repair it. That both were eventually repealed is the proof that something stood above them.
Substantive justice concerns the outcome. It asks whether the decision reached is fair, reasonable and just. Procedural justice concerns the route to that outcome. It asks whether every person involved was fully heard before anything at all was decided, and it carries the rule that a person is presumed innocent until proved guilty. Neither suffices alone. A decision that happens to be fair but was taken without hearing one side cannot be known to be fair, and the party never asked has no reason to accept it. A long and careful hearing that ends in an unreasonable order has wasted everybody's time. A court must satisfy both, which is why the chapter names them together.
The judiciary makes one of the three pillars of government, and it does two things. First, it decides disputes between parties fairly and in accordance with law, so that people are treated justly. Second, it checks the other two pillars: that laws passed by the legislature stay inside the frame the Constitution sets, and that the executive keeps within the role the Constitution gives it. The second job is what forces independence. A court that could be directed by the government would be judging its own instructor, and its findings would carry no weight. Independence is therefore a condition of the work, not a privilege of the judges, which is why the Constitution separates the three powers.
Flashcards (17)
Play this topic
- Match each term to its meaning
- Which aspect of justice?
- Fact or myth
- Match each item to where it belongs
- How an unjust law was removed
The Supreme Court and Its Five Doors
The five separate ways a matter reaches the highest court, how public interest litigation widened one of them, and why a single judgment binds every court.
What you will be able to do
- State when and under which article the Supreme Court was established.
- List the three qualifications for appointment as a judge of it.
- Distinguish writ, original, appellate, advisory and special leave jurisdiction.
- Explain what public interest litigation is and what gap it closed.
- Explain the effect of Articles 141, 142 and 144.
Key points
The Supreme Court is the highest court of law in India and came into existence on 26 January 1950, with Article 124 providing for it.
It is seated in New Delhi, has thirty-three judges besides the Chief Justice of India, and all are appointed by the President.
A judge must be an Indian citizen and either a High Court judge of five years, an advocate of ten, or a distinguished jurist; retirement is at sixty-five.
Writ jurisdiction enforces Fundamental Rights: Article 32 in the Supreme Court, Article 226 in a High Court.
Public interest litigation lets a matter of public concern be filed by someone other than the person affected, giving Article 21 real content.
Under Article 131 disputes between the Centre and States, or between States, may be heard nowhere but the Supreme Court.
Appeals come from a High Court that certifies a constitutional or substantial question of law, and from specialised tribunals.
Under Article 143 the President may seek an opinion, heard by a bench of at least five judges; under Article 136 the court itself may grant special leave.
Article 141 binds all courts to the law the Supreme Court declares, Article 142 allows any order for complete justice, and Article 144 requires authorities to act in its aid.
Full explanation
One court, five doors
The Supreme Court is usually described as the court at the top, which makes it sound like the last step of a climb. That picture is wrong in an interesting way. There are five distinct ways a matter can reach it, and only one of them involves climbing. Learning the five doors is more useful than learning the hierarchy.
The court itself
In India the Supreme Court stands highest among all the courts of law. It came into existence on the day the Constitution came into effect, 26 January 1950. Article 124 provides for its establishment, and it sits in New Delhi. Where the Constitution itself is in doubt, this is the court whose reading settles the matter.
Who sits on it
The court is headed by the Chief Justice of the Supreme Court, who is designated Chief Justice of India. Its present strength is thirty-three judges besides the Chief Justice. Every one of them is appointed by the President of India, under Article 124.
Three routes to that bench
A judge of the Supreme Court must be a citizen of India, and must also satisfy one of three further conditions. Five years as a judge of a High Court, or of more than one. Ten years as an advocate of a High Court, or of more than one. Or being, in the President's opinion, a distinguished jurist. The third route is worth noticing: it lets somebody who has never held judicial office be appointed. A Supreme Court judge retires at sixty-five.
Door one: a writ petition
Suppose a Fundamental Right of yours has been violated. You do not have to begin at the bottom of the ladder and work up. Article 32 gives a citizen the right to take a writ petition straight to the Supreme Court where the issue has consequences for the whole country. The same power exists in a High Court under Article 226, where the violation is within that state's territorial limits. Writ jurisdiction belongs to the constitutional courts for one purpose: enforcing the rights guaranteed by Part III, which include equality, liberty, the right to life, freedom of speech and freedom of religion.
The door widened: public interest litigation
A writ petition works only if the person whose right is violated can file one. Prisoners cannot. So the Supreme Court made an innovation: public interest litigation, filed under Article 32 or Article 226, lets a matter of public concern be brought by somebody other than the person affected. Its purpose was to give the right to life under Article 21 real content.
How the first one started
A lawyer, Mrs Kapila Hingorani, read in a newspaper that prisoners in Bihar awaiting trial had already been held longer than the sentence they would have received had they been convicted. None of them was her client. She filed a writ petition for their release. The Supreme Court ordered it at once, and issued guidelines that led to the release of almost forty thousand under-trial prisoners across India.
Two more that changed the law
In M.C. Mehta against the Union of India, environmental matters came before the court, including work on cleaning the Ganga and on protecting the Taj Mahal. In Vishaka and others against the State of Rajasthan, the court in 1997 set out guidelines on sexual harassment in the workplace. Parliament later enacted a statute on the subject in 2013. Notice the direction of travel there: a court's guidelines became a law.
Door two: cases that start here
Some disputes cannot be heard anywhere else at all. Article 131 gives the Supreme Court exclusive original jurisdiction over three of them. The Centre against a State. The Centre and a State together against another State. And a dispute between States, such as a quarrel over river water. No district court or High Court can touch them.
Door three: appeals
This is the climbing door. An appeal may be brought here from a final order of a High Court. One condition applies: the High Court itself must certify the case, saying that it turns on reading the Constitution, or on a substantial question of law. It also hears High Court judgments in criminal cases involving a death sentence, or where the judgment is certified fit for appeal. Appeals from specialised tribunals, such as the National Green Tribunal and the National Company Law Appellate Tribunal, come here too.
Door four: a question, not a dispute
Under Article 143 the President may ask the Supreme Court for its opinion on a legal or factual question that matters publicly, and the court may give one. Such a reference must be heard by a Constitution Bench of at least five judges. Nothing is being decided between two parties here; a question is being answered.
Door five: the court's own choice
Article 136 gives the Supreme Court a discretionary power to grant special leave to appeal from any judgment, decree or order of any court or tribunal in India. It is used where a question of law of wide public importance arises, or where substantive justice between the parties requires it. This door differs from the appeal door in who opens it: there the High Court certifies, here the Supreme Court itself decides to look.
What its decisions are worth
Under Article 141 the law declared by the Supreme Court binds every court in the territory of India. That is what makes a single case matter beyond its own parties. Article 142 lets the court pass any order necessary for doing complete justice, and Article 144 requires all civil and judicial authorities to act in aid of the Supreme Court.
Why the five doors are the real lesson
Put the doors side by side and a pattern appears. One is for a citizen whose right is broken. One is for governments quarrelling with each other. One is for a litigant who has already lost below. One is for the President's questions. And one the court keeps for itself. A court reachable only by appeal would be a court for people who could afford to start at the bottom. The spread of doors is what makes it a court for everybody.
Concepts and terms
The power of the constitutional courts to enforce Fundamental Rights, exercised on a petition filed directly rather than on appeal.
A petition on a matter of public concern brought by a person other than the one affected, which is how a right becomes usable by those unable to approach a court.
Jurisdiction over disputes that begin in the Supreme Court and may be heard nowhere else, covering quarrels between the Centre and the States and between States.
The power to give the President an opinion on a legal or factual question that matters publicly, heard by a bench of at least five judges.
The rule that the law declared by the Supreme Court binds every court in the territory of India, so one judgment settles the position generally.
Traps to avoid
Common misconceptions
A newspaper report, and forty thousand doors
Scenario:
A lawyer reads a short item in a morning paper. Prisoners in Bihar are being held while awaiting trial. Several have already spent longer inside than the maximum sentence their alleged offence would have carried, had they been convicted. None of them has written to her. None of them is her client. She has no fee and no instructions. What she does have is Article 32, which lets a citizen go straight to the Supreme Court when a Fundamental Right is at stake, and Article 21, which protects the right to life.
Analysis:
The point of PIL is the gap it closes. A person held in jail without trial is the least able of all citizens to file a petition, and before PIL that meant the right went unenforced. Letting somebody else bring the case is what turned Article 21 from a promise into a remedy.
Activity:
Write the two-sentence newspaper item that could have started this case.
Route the case
Title:
Route the case
Safety:
No safety concerns; this is a card exercise.
What You Notice:
Most disagreements will be between appellate and special leave. The difference is whether the High Court certified the case or the Supreme Court itself chose to take it up.
Did you know
The Supreme Court's motto, in Sanskrit, says that where there is dharma there is victory.
Since 2024 a large Virtual Justice Clock stands at the Supreme Court's own main entrance gates.
A distinguished jurist may be appointed to the bench without ever having been a judge.
Memory tricks
The five jurisdictions — WOASS: WRIT, ORIGINAL, APPEAL, ADVICE, SPECIAL — Writ for a citizen's right, original for governments, appeal for a litigant who lost below, advice for the President, special leave for the court's own choosing.
Appeal against special leave — WHO OPENS THE DOOR — In an appeal the High Court certifies the case; under Article 136 the Supreme Court itself decides to take it up.
Practice MCQs with answers (25)
- A 26 November 1949
- B 15 August 1947
- C 26 January 1950
- D 1 January 1950
Show answer
Why:
The day the Constitution took effect.
- A Article 143, by a presidential reference
- B Article 131, by an original suit of their own
- C Article 136, by special leave to appeal
- D Article 32, by a writ petition of their own
Show answer
Why:
A direct writ petition.
- A yes, that is one of the three routes
- B no, judicial office is always needed
- C only after five years as an advocate
- D only if the Chief Justice agrees first
Show answer
Why:
The third qualification allows it.
- A twenty-five judges, and the Chief Justice of India
- B thirty-three judges, and the Chief Justice of India
- C twenty-eight judges, and two Chief Justices
- D thirty judges, with no fixed Chief Justice of India
Show answer
Why:
Thirty-three plus one.
- A the district court nearest the river
- B the High Court of either of the States
- C the Supreme Court, under Article 131 alone
- D a tribunal set up by the two States
Show answer
Why:
Exclusive original jurisdiction.
- A Article 141
- B Article 32
- C Article 214
- D Article 226
Show answer
Why:
The High Court's writ article.
- A address matters of public concern
- B reduce the total number of appeals filed
- C let the government ask questions
- D speed up ordinary civil suits
Show answer
Why:
And to give Article 21 content.
- A the pollution of the river Ganga itself
- B under-trial prisoners held too long
- C harassment of women at a workplace
- D the condition of the Taj Mahal
Show answer
Why:
In Bihar, and none was her client.
- A four hundred
- B four thousand or so
- C forty thousand
- D four lakh
Show answer
Why:
Guidelines went beyond Bihar.
- A I, II and III are all correct as stated
- B I and II only, since no statute was ever passed
- C II and III only, as the year was 1987
- D I only, since the rest came much later
Show answer
Why:
Guidelines first, then an Act.
- A writ jurisdiction only
- B advisory jurisdiction
- C original jurisdiction
- D appellate jurisdiction
Show answer
Why:
Certification opens the appeal door.
- A five judges
- B three judges
- C seven judges
- D two judges
Show answer
Why:
A Constitution Bench, under Article 143.
- A whether the case is a civil or a criminal one
- B who decides that the court will hear it
- C the number of judges who will sit
- D whether a fee has to be paid first
Show answer
Why:
High Court certifies, or the court chooses.
- A Article 144
- B Article 142
- C Article 141
- D Article 136
Show answer
Why:
That is why one case matters widely.
- A Article 124
- B Article 141
- C Article 131
- D Article 142
Show answer
Why:
Any order necessary for complete justice.
- A apex court of the country
- B nearest High Court instead
- C district judge of the area
- D state government concerned
Show answer
Why:
As with the company law appellate tribunal.
- A a writ petition by a citizen
- B a complaint filed with the local police
- C a reference from the President
- D special leave granted by the court
Show answer
Why:
A police complaint is not a court route.
- A trade, commerce and free movement of goods
- B property, pension and public employment
- C equality, liberty and the right to life
- D education, housing and medical treatment
Show answer
Why:
Part III rights.
- A appeals are the slowest of all the five routes
- B the court would otherwise have too little work to do
- C the hierarchy of courts is not set out anywhere
- D a court reached only by appeal would exclude most people
Show answer
Why:
Access is the point of the spread.
- A Both true, and the reason explains the assertion
- B Both true, but the reason does not explain it
- C The assertion is true and the reason is false
- D The assertion is false and the reason is true
Show answer
Why:
Both statements are true. The court does hold the last word on the meaning of the Constitution, and it is indeed seated in New Delhi. But the reason does not explain the assertion at all. That authority comes from the Constitution itself, and not from the city the court happens to sit in.
- A the President of India
- B the Chief Justice alone
- C the Council of Ministers alone
- D a vote in Parliament
Show answer
Why:
Under Article 124.
- A no, five years as a judge is required
- B yes, ten years as an advocate is enough
- C only if declared a distinguished jurist
- D only after another four or five years at the bar
Show answer
Why:
The advocate route needs ten years.
- A only constitutional questions may be raised
- B the court may refuse to hear the matter
- C no dispute between two parties is decided
- D the judgment binds only the government
Show answer
Why:
A question is answered, not a quarrel settled.
- A be inspected by the Supreme Court
- B report yearly to the Supreme Court
- C be appointed by the Supreme Court
- D act in aid of the Supreme Court
Show answer
Why:
Assistance, not appointment.
- A environmental matters such as the Ganga itself
- B harassment of women at the workplace
- C the release of under-trial prisoners
- D a dispute over river water between States
Show answer
Why:
The Taj Mahal was part of it too.
Important short questions (7)
It came into existence on 26 January 1950, the day the Constitution took effect. Article 124 provides for its establishment, and it sits in New Delhi.
Besides Indian citizenship: five years as a High Court judge, or ten years as an advocate of a High Court. Another is being a distinguished jurist in the President's opinion.
A petition under Article 32 or 226 brought on a matter of public concern by someone other than the person affected. It closes the gap left when that person cannot file at all.
Under Article 131 it alone may decide disputes between the Centre. A State, between the Centre with a State against another State, and between States, such as over river water.
If the High Court certifies that the case turns on reading the Constitution, or on a substantial question of law. Or where its criminal judgment involves a death sentence.
In an appeal the High Court certifies the case as fit. Under Article 136 the Supreme Court itself decides, at its discretion, to grant leave and hear the matter.
Because the law the Supreme Court declares binds every court in India. A single judgment therefore settles the rule for cases that have not yet been filed.
Long answer questions (3)
First, writ jurisdiction. A citizen may file a writ petition directly under Article 32 to enforce a Fundamental Right. Second, original jurisdiction. Under Article 131 certain disputes between the Centre and the States, or between States, may be heard nowhere else. Third, appellate jurisdiction. The court hears appeals from a High Court that certifies a constitutional question or a substantial question of law, and from tribunals. Fourth, advisory jurisdiction. Under Article 143 the President may seek its opinion, heard by at least five judges. Fifth, special leave. Under Article 136 the court may itself take up any judgment or order where a question of wide public importance arises.
Ordinarily a writ petition is filed by the person whose right has been violated. Many such people cannot file. A lawyer, Mrs Kapila Hingorani, read in a newspaper that prisoners in Bihar awaiting trial had been held longer than their possible sentence. None was her client. She filed a petition for their release. The Supreme Court ordered it and issued guidelines that freed almost forty thousand under-trial prisoners across India. The innovation lay in who may bring the case. By allowing a matter of public concern to be raised by somebody else, the court gave the right to life under Article 21 real content.
Three provisions do the work. Article 141 makes the law declared by the Supreme Court binding on all courts in India. A judgment therefore settles the rule for everybody, not only for the parties. Article 142 lets the court pass any order needed for complete justice. It is not stuck when no existing rule fits. Article 144 requires all civil and judicial authorities to act in aid of the court. Its orders can therefore be carried out. The Vishaka case shows the effect. Guidelines of 1997 shaped conduct at workplaces, and a statute followed in 2013.
Flashcards (17)
Play this topic
- Match each article to what it does
- Which door does it come through?
- Fact or myth
- Match the case to what came of it
- How the first PIL unfolded
High Courts, District Courts and Tribunals
Why twenty-eight States have twenty-five High Courts, what a High Court's three powers are, and why a body with one subject can beat a court with every subject.
What you will be able to do
- Explain why the number of High Courts is fewer than the number of States.
- State how High Court judges are appointed and qualified.
- Distinguish writ, appellate and supervisory jurisdiction in a High Court.
- Describe the subordinate courts and explain their importance.
- Define a tribunal and match four tribunals to their subjects.
Key points
Article 214 provides for a High Court in each State, satisfied by twenty-five courts for twenty-eight States, because some share one.
A High Court has a Chief Justice and other judges, whose number varies by State; judges retire at sixty-two.
The President appoints them after consulting the Chief Justice of India, the Governor, and that court's Chief Justice.
Writ jurisdiction under Article 226 covers Fundamental Rights violated within the territorial limits of the State.
A High Court hears appeals from subordinate courts in civil and criminal matters and from certain tribunals.
Article 227 covers every court and tribunal in the territory, to keep them within their jurisdiction, used sparingly.
The writ and supervisory jurisdictions of the High Courts are inside what is called the basic structure.
Subordinate courts, regulated by Articles 233 to 237, include District, Sessions, Revenue and Small Causes Courts; District Judges are appointed by the Governor with the High Court.
Tribunals are quasi-judicial bodies set up under statutes, each deciding one category of dispute.
Full explanation
Counting courts, and getting it wrong
Article 214 says each State shall have a High Court of its own. India has twenty-eight States. So how many High Courts are there? Twenty-five. The article is satisfied without one court per State, because sometimes two or more States, or Union Territories, come under one High Court between them. Several High Courts also sit in more than one city, through benches. The arithmetic will not work unless you read sharing into it.
What a High Court is
Within a State, the High Court stands highest. A Chief Justice heads it, along with other judges, and how many varies from one State to another. That variation is sensible: a larger State generates more cases.
Who appoints them, and after how long
A High Court judge is appointed by the President of India, after consulting three people: the Chief Justice of India, the State's Governor, and that court's own Chief Justice. Notice how many people are consulted. The qualifications sit in Article 217. A candidate must be an Indian citizen, and must either have held judicial office in India, or have spent ten years as an advocate of a High Court, or of more than one. A High Court judge retires at sixty-two, three years earlier than a Supreme Court judge.
The first job: writs
A High Court exercises writ jurisdiction under Article 226. This is the same remedy as Article 32 in the Supreme Court, but the ground is different. A High Court's writ power covers the violation of Fundamental Rights within the territorial limits of its own State. So a citizen has two doors, and which one to use depends on how far the problem reaches.
The second job: appeals
A High Court hears appeals against decisions of the subordinate courts below it, in civil and in criminal matters, and against the decisions of certain tribunals. This is the ordinary route upwards for somebody who has lost a case in a district court.
The third job: keeping others in bounds
Superintendence belongs to every High Court under Article 227, and it covers all the courts and tribunals inside that territory. The purpose is narrow and worth stating exactly: it is used to ensure that those courts and tribunals act within the limits of their own authority and jurisdiction. The chapter adds that the power is to be exercised sparingly. It is not a standing invitation to rehear cases.
Why that power is protected
The writ power and the supervisory power of the High Courts have been declared to belong to what is called the basic structure. That is a strong statement. It means these powers are not ordinary features that could be adjusted away.
Below the High Courts
Each State runs a system of subordinate courts. The Constitution regulates their organisation in Articles 233 to 237, and those provisions also work to keep the subordinate judiciary independent. District Judges are appointed by the Governor of the State in consultation with the High Court.
Why the lowest courts matter most
It is tempting to rank courts by importance and put these at the bottom. The chapter argues the opposite. The subordinate judiciary is a very important segment of the system, because this is where the judiciary comes into close contact with ordinary people. Most citizens who ever see a court see this one.
What sits in that layer
The layer takes in District Courts and Sessions Courts, Revenue Courts, Courts of Small Causes, and others besides. Each High Court is also charged with maintaining the standing and the good name of the subordinate judiciary in its State, which makes the relationship protective as well as supervisory.
A different kind of body
Then there are tribunals. A tribunal is a body, or a committee, set up to settle disputes of one particular kind. Tribunals are set up under particular statutes, and they are quasi-judicial: they decide, but they are not courts in the ordinary sense, and each handles one category of matter.
The tribunals, and their subjects
Consumer fora decide consumer disputes. The Central Administrative Tribunal decides service matters of government employees. The National Green Tribunal decides environmental issues. The National Company Law Tribunal decides corporate civil and commercial disputes, including insolvency and bankruptcy. The Armed Forces Tribunal decides matters relating to the armed forces. The Appellate Tribunal for Electricity decides electricity disputes.
A family, and an empty plot
A family agreed to buy a flat and paid an advance of almost sixty-five lakh rupees. The builder planned to begin construction in 2011. Four years later nothing had been built where the flat was to stand, which broke the agreement. The family complained to the National Consumer Commission. After hearing both sides, it ordered the builder to return the money with interest, and to pay the cost of the case.
Why the route matters more than the result
That order could in principle have come from an ordinary civil court. What the tribunal adds is specialisation. A body that hears nothing but consumer disputes knows the pattern of this quarrel already, which is the whole argument for taking the subject out of a general list. Appeals from some tribunals, such as the National Green Tribunal, go on to the Supreme Court, so specialisation does not mean isolation.
The shape of the whole system
Put the layers together. The Indian judicial system is unified: a single hierarchy. The Supreme Court sits at the apex, the High Courts at State level, and the subordinate courts in the districts. Tribunals are attached to the side, for particular subjects. Unified matters. It means a right declared at the top reaches the bottom, which a collection of separate systems could not promise.
Concepts and terms
Two or more States or Union Territories may come under one High Court, which is why twenty-five courts serve twenty-eight States.
The power under Article 226 to enforce Fundamental Rights violated within the territorial limits of that State.
The supervisory power under Article 227 over all courts and tribunals in the territory, used sparingly and only to keep them inside their own jurisdiction.
The courts below the High Court in each State, important because this is where the judiciary comes into close contact with ordinary people.
A committee or body set up under a statute to settle one type of dispute, quasi-judicial rather than a court in the ordinary sense.
Traps to avoid
Common misconceptions
Four years, and no building
Scenario:
A family agrees to buy a flat in a complex a builder plans to start in 2011, and pays an advance of nearly sixty-five lakh rupees. They visit the site every few months. Four years later the plot where their flat was to stand is still empty. The agreement with the builder has plainly been broken. The family does not go to the District Court. The National Consumer Commission hears both sides. It then orders the builder to return the money with interest and to meet the cost of the case as well.
Analysis:
The reason this case belongs in a chapter on the judiciary is the route, not the result. A specialised body with one subject can hear a dispute faster than a general court with every subject, which is the whole argument for tribunals.
Activity:
List three other tribunals from this topic and the dispute each one decides.
Find the court nearest you
Title:
Find the court nearest you
Safety:
Do this from published information or with a teacher's help; do not visit a court building unaccompanied.
What You Notice:
The last step is where the surprise usually is. Several High Courts sit in more than one city, which is how a court for a large State stays reachable.
Did you know
Several High Courts sit in more than one city, through benches, so a single court can serve a very large State.
The writ and supervisory powers of the High Courts have been declared part of the Constitution's basic structure.
A consumer commission can order a builder to pay the cost of the case as well as the money back.
Memory tricks
A High Court's three powers — WRITS, APPEALS, EYES — Writs under Article 226, appeals from the courts below, and an eye on every court and tribunal in the territory under Article 227.
Two retirement ages — HIGHER COURT, HIGHER AGE — A High Court judge retires at sixty-two and a Supreme Court judge at sixty-five.
Practice MCQs with answers (25)
- A twenty-eight, one for every State
- B twenty-five, for twenty-eight States
- C twenty-two, with three in waiting
- D thirty, including the Union Territories
Show answer
Why:
Some States share one.
- A no, unless the Governor agrees to it first
- B no, as each State must have its own court
- C yes, but only if a bench sits in the State
- D yes, because two States may share one court
Show answer
Why:
Sharing satisfies the article.
- A varies from one State to another
- B is the same in every single State
- C is fixed by that State's legislature
- D is decided by its own Chief Justice
Show answer
Why:
Larger States generate more cases.
- A the Chief Justice of India
- B the Prime Minister of the country
- C the Governor of that State
- D that High Court's Chief Justice
Show answer
Why:
Three are consulted, not four.
- A sixty years exactly
- B sixty-five years
- C sixty-two years
- D seventy years at most
Show answer
Why:
Three years before the apex court.
- A a tribunal, under its own statute
- B the Supreme Court, under Article 32
- C the district court, under Article 227
- D the High Court, under Article 226
Show answer
Why:
Reach decides which door.
- A keep lower bodies inside their jurisdiction
- B rehear any case at all that the High Court doubts
- C transfer judges between the districts
- D settle disputes between two tribunals
Show answer
Why:
Jurisdiction, not the merits.
- A in every appeal
- B sparingly
- C once a year
- D whenever asked
Show answer
Why:
It is supervisory in nature.
- A I, II and III are correct as stated here
- B I and II only, as the third is an opinion
- C II and III only, as writs are not included
- D I only, since the other two go too far
Show answer
Why:
The declaration covers both.
- A 124 to 131 of the Constitution
- B 214 to 217 of the Constitution
- C 233 to 237 of the Constitution
- D 226 to 229 of the Constitution
Show answer
Why:
They also secure independence.
- A the Chief Justice of India by himself
- B the President, consulting the Governor
- C the High Court, consulting the Governor
- D the Governor, consulting the High Court
Show answer
Why:
Order of the two matters here.
- A it is where people actually meet the judiciary
- B it decides the largest and costliest cases
- C its judges are appointed by the President
- D its decisions cannot be appealed against
Show answer
Why:
Contact with ordinary people.
- A a District Court in a State
- B the National Green Tribunal
- C a Court of Small Causes
- D a Revenue Court in a district
Show answer
Why:
That one is a tribunal.
- A executive, and bound by ministers
- B judicial, with every kind of case
- C quasi-judicial, with one subject
- D advisory, and unable to make orders
Show answer
Why:
Set up under its own statute.
- A Armed Forces Tribunal in Delhi
- B National Company Law Tribunal
- C Appellate Tribunal for Electricity
- D Central Administrative Tribunal
Show answer
Why:
One subject each.
- A National Company Law Tribunal
- B Central Administrative Tribunal
- C National Green Tribunal in Delhi
- D nearest Court of Small Causes
Show answer
Why:
Corporate civil and commercial matters.
- A the High Court of that State
- B the National Consumer Commission
- C the nearest Court of Small Causes
- D the National Company Law Tribunal
Show answer
Why:
A consumer dispute, so a consumer forum.
- A damages fixed by the High Court
- B a fine to the State government
- C interest, and the cost of the case
- D the price of a flat elsewhere
Show answer
Why:
Both interest and litigation costs.
- A it removes those disputes from appeal entirely
- B tribunals are cheaper for the government to run
- C tribunal members need no legal training at all
- D a body with one subject already knows the pattern
Show answer
Why:
Specialisation is the point.
- A Both true, and the reason explains the assertion
- B Both true, but the reason does not explain it
- C The assertion is true and the reason is false
- D The assertion is false and the reason is true
Show answer
Why:
The assertion holds. The chapter says expressly that this power is supervisory and is to be exercised sparingly. The reason is false, because the power reaches every court as well as every tribunal within that territory.
- A isolation from the rest of the system
- B that the subject is a simple one
- C a shortage of qualified members
- D the end of a litigant's expenses
Show answer
Why:
They go on to the Supreme Court.
- A one single court for the whole country
- B one hierarchy, from districts to the apex
- C the same judges sit at every level
- D States may not create courts at all
Show answer
Why:
A right at the top reaches the bottom.
- A the Bar associations of its districts
- B the tribunals that sit in its territory
- C the subordinate judiciary in its State
- D the revenue officials of that State
Show answer
Why:
Protective as well as supervisory.
- A a reference by the President of India
- B a writ petition in the Supreme Court
- C a complaint to the State government
- D an appeal to that State's High Court
Show answer
Why:
Appeals climb one step at a time.
- A at the level of a State
- B for every kind of dispute
- C for constitutional questions
- D in matters of taxation only
Show answer
Why:
The Supreme Court sits above it.
Important short questions (7)
Because sometimes two or more States, or Union Territories, come under one High Court between them. Article 214 is satisfied without one court for each State.
The President appoints, after consulting the Chief Justice of India, the State's Governor, and that court's own Chief Justice.
Both enforce Fundamental Rights. Article 32 is used in the Supreme Court where the issue reaches the whole country. Article 226 is used in a High Court for a violation inside that State.
Its purpose is to keep courts and tribunals in the territory within their own authority and jurisdiction. Its limit is that it must be exercised sparingly.
Because this is where the judiciary comes into close contact with people. Most citizens who ever see a court will see only this layer of it.
A body set up under a statute to settle one type of dispute, quasi-judicial in character. The National Green Tribunal takes environmental issues; consumer fora take consumer disputes.
That a specialised body can hear a dispute a general court could also have taken. The family went to a consumer commission, which ordered repayment with interest and costs.
Long answer questions (3)
First, writ jurisdiction under Article 226. A High Court may enforce Fundamental Rights violated within the territorial limits of its State. Second, appellate work. It hears appeals against the what the subordinate courts decide, civil matters and criminal, and against decisions of certain tribunals. Third, superintendence under Article 227. Every High Court has power over all courts and tribunals in its territory. That power is supervisory. It is used to keep those bodies inside their own authority and jurisdiction, and the chapter says it must be exercised sparingly. The writ and supervisory jurisdictions have both been declared to sit inside what is called the basic structure.
Each State runs its own courts beneath the High Court. Articles 233 to 237 regulate their organisation and work to secure their independence. District Judges are appointed by the Governor in consultation with the High Court. The layer broadly includes District Courts, Sessions Courts, Revenue Courts and Small Causes Courts. The chapter calls this a very important segment of the system. The reason is contact: this is where the judiciary meets ordinary people, most of whom will never see a higher court. Each High Court is also charged with upholding the standing and the good name of the subordinate judiciary in its State.
A tribunal is a body established under a statute to settle one category of dispute. It is quasi-judicial, so it decides matters without being a court in the ordinary sense. Consumer fora, the Central Administrative Tribunal, the National Green Tribunal and the Armed Forces Tribunal each take one subject. The case shows the gain. A family had paid nearly sixty-five lakh rupees for a flat and, four years on, nothing stood on the plot. They complained to the National Consumer Commission, which heard both sides and ordered repayment with interest and the cost of the case. A body that hears only consumer disputes already knows this pattern.
Flashcards (17)
Play this topic
- Match each tribunal to its subject
- Which level of the system?
- Fact or myth
- Match the article to its subject
- The family's route to a remedy
Settling Disputes Beyond the Courtroom
Four routes out of a quarrel and who decides in each, three criminal codes replaced after more than a century, and a court that reports on itself.
What you will be able to do
- Explain why courts encourage alternate modes of dispute resolution.
- Distinguish arbitration from mediation by who holds the power to decide.
- Describe Lok Adalats and Gram Nyayalayas with their statutes.
- Name the three replaced criminal laws and the aims of the replacements.
- Give the purposes of the courts' digital initiatives.
Key points
Courts encourage litigants to use arbitration, mediation or conciliation, negotiation and Lok Adalats, which reduces the burden on the judiciary.
An arbitrator may be a retired judge, or a practising lawyer, or an expert in the subject, and must act fairly and impartially while hearing both sides.
An arbitrator's decision is final, binds both parties and a court can enforce it; the governing Act dates from 1996.
A mediator assists the parties to a settlement of their own and has no power to decide or impose a view; the Mediation Act dates from 2023.
Lok Adalats settle disputes amicably as people's courts, may take pending cases or in some cases earlier ones, and are recognised by the Act of 1987.
Gram Nyayalayas, under the Act of 2008, are mobile village-level courts with a simplified procedure, which decentralise the system.
The Penal Code of 1860, the Procedure Code of 1973 and the Evidence Act of 1872 have been replaced by statutes of 2023.
Those replacements aim at faster justice, the admission of digital evidence, and stronger safeguards for victims.
Digital measures, from electronic filing to the National Judicial Data Grid, are meant to make the system more accessible and more transparent.
Full explanation
A question about power, not formality
Four routes out of a dispute are set out in this topic, and they are easy to confuse because they all sound like gentler versions of a trial. They are not variants of one thing. What separates them is a single question: who ends up holding the power to decide? Keep asking that question and the four stay distinct.
Why the alternatives exist at all
The judicial system handles an enormous number of cases. Courts themselves therefore encourage litigants to settle disputes by other means, which both relieves the load and gets people an answer sooner. The routes have a collective name, alternate modes of dispute resolution, and they include arbitration, mediation or conciliation, negotiation and the Lok Adalat.
Arbitration: a private decider
In arbitration the parties agree to refer their dispute to an independent adjudicator, or to a panel of them, called an arbitrator. An arbitrator may be a retired judge, or a practising lawyer, or somebody expert in whatever the quarrel is about. That last option matters: a dispute about a leaning wall can go to somebody who understands walls.
What an arbitrator must do, and what the decision is worth
An arbitrator is not free to decide as they please. The basic requirements include acting fairly and impartially, and allowing each party to put forward its own case. Notice that this is procedural justice from the first topic, appearing outside a court. The decision of the arbitrator or the panel is final, it binds both parties in law, and a court can enforce it. The statute behind it here is the Arbitration and Conciliation Act of 1996.
Mediation: nobody outside the dispute decides
Mediation is the most common of these routes. A neutral person is appointed as mediator, and that mediator assists the parties towards a settlement they make themselves. The crucial limit is what the mediator cannot do. A mediator has no power to make a decision, and none to impose a view on the parties. Behind it here stands an Act of 2023.
The difference, in one line
Both an arbitrator and a mediator are neutral outsiders brought in to end a quarrel without a trial. An arbitrator decides and the parties are bound. A mediator decides nothing and the parties decide. Confusing the two is the commonest error in this part of the chapter.
Lok Adalats: the people's courts
A Lok Adalat is a forum where disputes and cases can be settled amicably. It can resolve disputes already pending in the courts, and in some cases the parties may approach a Lok Adalat even before going to court. That second point surprises people, because the name sounds like something that happens after a case has begun.
Where a Lok Adalat gets its authority
Lok Adalats are rooted in the principle of access to justice, and they have recognition in law from the Legal Services Authorities Act of 1987. They function as people's courts. The aim is to reduce the judicial backlog, while settling matters amicably and sparing the parties the rigours of a formal hearing.
Gram Nyayalayas: the court comes to you
The statute behind the Gram Nyayalayas is an Act of 2008 bearing their name. Their purpose is to decentralise the judicial system and ease the load on the regular courts. They sit as village-level courts that travel. They follow a simplified procedure, without technicalities, which is what makes a village sitting practical at all.
Why mobility is the interesting part
Every other body in this chapter waits for people to come to it. A mobile court reverses that. For somebody in a village a long way from a district headquarters, the distance to a courthouse can be the whole obstacle, and no amount of simplified procedure would fix it.
Three criminal laws, replaced
The chapter also records a large change in the law itself. The Indian Penal Code of 1860 has been replaced by the Bharatiya Nyaya Sanhita of 2023. The Code of Criminal Procedure of 1973 gave way in 2023 to the Bharatiya Nagarik Suraksha Sanhita of 2023. The evidence statute of 1872 yielded to the Bharatiya Sakshya Adhiniyam of 2023.
What those three were meant to do
The stated aims are faster justice, the admission of digital evidence, and stronger safeguards for victims, and the intention behind all three is a system that is modern, transparent and effective. Look at the dates being replaced: 1860, 1872, 1973. Two of the three codes were older than the Constitution itself.
Digital technology, and who it is for
Digital technology came into the courts for two reasons: to make the system easier to reach, and more transparent. One use is that litigants can check the details of their own cases directly, instead of depending entirely on their lawyers. Another is that copies of court orders and judgments are made freely available to the public, in several languages, so that anybody can read what the court did.
The list of initiatives
The digital steps courts have taken include electronic filing, hybrid hearings and the live streaming of proceedings. Judgments are translated into several Indian languages. And there is the National Judicial Data Grid, a portal through which case details are available to the public.
A clock at the gate
Since 2024 and 2025 a large display screen carrying a Virtual Justice Clock has stood at the Supreme Court's own main entrance gates. It shows judicial data in real time. A clock at a gate is a small thing, but it points the same way as everything else here: the court telling the public what it is doing, without being asked.
Pulling the chapter together
The judiciary makes one of the three pillars of government, independent of the other two. Its key roles are to see that justice is served and that laws stay inside the frame the Constitution sets. It carries an enormous number of cases, which is why these alternatives exist and why the digital measures matter. Every item in this topic is an answer to one of two questions: who should decide, and how does a person reach a decision-maker at all.
Concepts and terms
A dispute referred by agreement to an independent arbitrator or panel, whose decision is final, binds the parties and can be enforced by a court.
A neutral mediator assists the parties towards a settlement of their own, with no power to decide the matter or to impose a view on them.
A people's forum, recognised by statute since 1987, where disputes are settled amicably, whether already pending in court or in some cases before that.
A mobile village-level court under the Act of 2008, following a simplified procedure in order to decentralise the judicial system.
Measures such as freely published judgments, live streaming and a public case portal, which let a person see what a court has done without asking anybody.
Traps to avoid
Common misconceptions
Three doors out of one quarrel
Scenario:
Two neighbours share a wall that is beginning to lean. Each blames the other's building work. They could file a civil suit and wait their turn in a crowded list. They could agree to put the question to an engineer they both trust, accept whatever she decides, and have that decision enforced if either of them goes back on it. Or they could sit with a neutral person who will not decide anything, and work out between themselves who repairs what. The quarrel is one. The routes out of it are several, and they differ in who holds the power to decide.
Analysis:
Notice what actually separates these doors. It is not how formal they feel but who ends up deciding: the court, the arbitrator, or the parties themselves. Choosing a route is choosing where to put that power.
Activity:
Add a fourth door to the story, through a Lok Adalat, in two sentences.
Run a mediation
Title:
Run a mediation
Safety:
Use an invented or trivial dispute, never a real quarrel between classmates.
What You Notice:
The written note at the end is the lesson. In a mediation the parties decided; swap in an arbitrator and the same five minutes end with somebody else's decision binding them both.
Did you know
Two of the three replaced criminal laws were written before the Constitution of India existed.
A Lok Adalat can sometimes settle a dispute that has never been filed in any court.
Judgments are translated into several Indian languages so that anybody can read them.
Memory tricks
Arbitrator against mediator — ARBITRATOR ANSWERS, MEDIATOR ASKS — An arbitrator hands down a decision that binds; a mediator can only put questions and help the parties find their own answer.
The four statutes — 87, 96, 08, 23 — Lok Adalats 1987, arbitration 1996, Gram Nyayalayas 2008, mediation 2023.
Practice MCQs with answers (25)
- A mediation, since she is a neutral party
- B arbitration, since she is the one deciding
- C negotiation, since they both agreed to it
- D adjudication, since the result is binding
Show answer
Why:
An arbitrator may be an expert.
- A adjudication, in a simplified form
- B arbitration, since a third party acts
- C mediation, since nothing at all is imposed
- D a Lok Adalat sitting, by statute
Show answer
Why:
A mediator cannot impose a view.
- A final and binding, and enforceable
- B advisory until some court confirms it
- C binding only if both sides agree
- D open to appeal in a High Court
Show answer
Why:
A court will enforce it.
- A 1987
- B 1996
- C 2008
- D 2023
Show answer
Why:
The Arbitration and Conciliation Act.
- A 1987
- B 1996
- C 2023
- D 2008
Show answer
Why:
The Mediation Act.
- A sitting in a government building
- B wearing the formal robes of the court
- C publishing the reasons in full
- D letting each party put its own case
Show answer
Why:
Procedural justice, outside a court.
- A no, in some cases parties come earlier
- B yes, a pending case is always required
- C yes, unless a High Court permits it
- D no, because it never takes pending cases
Show answer
Why:
Both routes are open.
- A 1996
- B 1987
- C 2008
- D 2023
Show answer
Why:
The Legal Services Authorities Act.
- A village panchayats
- B appellate tribunals
- C people's courts
- D arbitration panels
Show answer
Why:
Rooted in access to justice.
- A I, II and III are correct as stated here
- B I and II only, their procedure being the usual one
- C II and III only, the Act being of 1987
- D I only, since the other two are inexact
Show answer
Why:
All three are in the chapter.
- A the live streaming of court proceedings
- B a simplified procedure in the usual district court
- C an arbitrator chosen by the two parties
- D a mobile court that comes to the village
Show answer
Why:
Distance was the whole obstacle.
- A Bharatiya Nyaya Sanhita
- B Bharatiya Sakshya Adhiniyam
- C Bharatiya Nagarik Suraksha Sanhita
- D Legal Services Authorities Act
Show answer
Why:
One of three replacements.
- A Bharatiya Nyaya Sanhita
- B Bharatiya Sakshya Adhiniyam
- C Bharatiya Nagarik Suraksha Sanhita
- D Arbitration and Conciliation Act
Show answer
Why:
Sakshya means evidence.
- A the Legal Services Authorities Act
- B the Supreme Court's own building
- C the Constitution of India itself
- D the first Lok Adalat ever held
Show answer
Why:
1860 and 1872 both precede 1950.
- A giving victims better protection
- B delivering justice more quickly
- C allowing the use of digital evidence
- D reducing the number of judges needed
Show answer
Why:
Three aims, and that is not one.
- A more accessible, and more transparent
- B cheaper for the government to run
- C faster for the judges to work in
- D simpler for the lawyers to use
Show answer
Why:
Access and transparency.
- A a notice posted up at the court
- B their lawyer, almost entirely
- C the newspaper reports of it
- D a letter from the registrar
Show answer
Why:
Which is what the change alters.
- A the language of the parties
- B English and Hindi, and no more
- C several Indian languages
- D a summarised form only
Show answer
Why:
So anybody may read them.
- A Gram Nyayalaya register
- B the Virtual Justice Clock screen
- C Legal Services Authority site
- D National Judicial Data Grid
Show answer
Why:
One of the digital initiatives.
- A Both true, and the reason explains the assertion
- B Both true, but the reason does not explain it
- C The assertion is true and the reason is false
- D The assertion is false and the reason is true
Show answer
Why:
The assertion is false. A mediator has no power to make a decision and none to impose a view, and may only assist the parties towards a settlement of their own. The reason is a true statement, since mediation here does indeed answer to that Act of 2023.
- A compulsory online payment of fines
- B the live streaming of court proceedings
- C hybrid hearings held in a courtroom
- D translation of judgments into many languages
Show answer
Why:
The other three are in the list.
- A the dignity of the whole institution
- B transparency and accountability
- C the security of the building
- D punctuality among the lawyers
Show answer
Why:
Free access to real-time data.
- A arbitration of an informal kind
- B mediation, but without any mediator
- C negotiation between the parties
- D a Lok Adalat held privately
Show answer
Why:
One of the alternate modes listed.
- A adjudication and a Lok Adalat
- B mediation and negotiation
- C a Lok Adalat and a Gram Nyayalaya
- D arbitration and mediation
Show answer
Why:
Both use a neutral outsider.
- A laws are made within the Constitution
- B every case is decided within a single year
- C the executive appoints good officers
- D the states pass laws of their own
Show answer
Why:
The second role is the check.
Important short questions (7)
Because the judicial system is handling a very large number of cases. Settling matters by other means reduces that burden and gets the parties an answer sooner.
A retired judge, a practising lawyer, or an expert. The arbitrator must act fairly and impartially, and must let each party put forward its own case.
An arbitrator decides, and the decision binds the parties and can be enforced by a court. A mediator decides nothing and may not impose a view.
It settles disputes amicably as a people's court, and parties may in some cases approach it even before going to court. It has statutory recognition from 1987.
Mobile village-level courts under an Act of 2008, following simplified procedure. They decentralise the judicial system and reduce the burden on regular courts.
The Indian Penal Code of 1860, the Code of Criminal Procedure of 1973. The Indian Evidence Act of 1872, all replaced by statutes of 2023.
A litigant can look up the details of their own case directly, instead of depending entirely on their lawyer. They can also read orders in several languages.
Long answer questions (3)
In arbitration the parties refer the dispute to an independent arbitrator, who may be a retired judge, or a practising lawyer, or an expert in the subject. The arbitrator decides. That decision is final, binds the parties, and a court will enforce it. Arbitration runs under the Act of 1996. In mediation a neutral mediator assists the parties towards a settlement they reach themselves. The mediator cannot decide and cannot impose a view, so the power stays with the parties. An Act of 2023 bearing its own name governs it. A Lok Adalat is a people's forum where cases are settled amicably, with statutory recognition from 1987. It may take pending cases, and in some cases matters that have not reached court at all.
Digital technology was introduced to make the system more accessible and more transparent, and both words matter. On access, a litigant can now check the details of their own case directly, rather than depending entirely on a lawyer. Copies of orders and judgments are made freely available, in several Indian languages, so anybody may read what was decided. The initiatives include electronic filing, hybrid hearings, live streaming, translation of judgments, and the National Judicial Data Grid. Since 2024 a Virtual Justice Clock has stood at the Supreme Court's main gates, showing judicial data in real time. The pattern is a court reporting on itself without being asked.
The Indian Penal Code of 1860 has been replaced by the Bharatiya Nyaya Sanhita of 2023. The Code of Criminal Procedure of 1973 gave way in 2023 to the Bharatiya Nagarik Suraksha Sanhita. The evidence statute of 1872 yielded to the Bharatiya Sakshya Adhiniyam. The stated aims are faster justice, the admission of digital evidence, and stronger safeguards for victims, so as to make the system modern, transparent and effective. The dates are the striking part. Two of the three codes were written before 1950, so they were older than the Constitution they ended up serving. A law written before photographs, let alone digital records, cannot easily speak about digital evidence.
Flashcards (17)
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- Match each route to its statute
- Who decides?
- Fact or myth
- Match the old law to the new one
- Choosing a route out of a quarrel
Class 8 Social Science Chapter 11 — frequently asked questions
A law is a general rule made by the government, binding on everybody. It carries a consequence if it is broken and is backed by the power to enforce it.
Because justice is the standard a law is measured against, not a summary of what laws say. The Jim Crow laws and apartheid-era statutes were lawful and still denied people equality and dignity.
Substantive justice asks whether the outcome is fair, just and reasonable. Procedural justice asks whether each person involved was fully heard before the decision was taken.
It came into existence on 26 January 1950, the day the Constitution took effect. Article 124 provides for its establishment, and it sits in New Delhi.
Besides Indian citizenship: five years as a High Court judge, or ten years as an advocate of a High Court. Another is being a distinguished jurist in the President's opinion.
A petition under Article 32 or 226 brought on a matter of public concern by someone other than the person affected. It closes the gap left when that person cannot file at all.
Because sometimes two or more States, or Union Territories, come under one High Court between them. Article 214 is satisfied without one court for each State.
The President appoints, after consulting the Chief Justice of India, the State's Governor, and that court's own Chief Justice.
Both enforce Fundamental Rights. Article 32 is used in the Supreme Court where the issue reaches the whole country. Article 226 is used in a High Court for a violation inside that State.
Because the judicial system is handling a very large number of cases. Settling matters by other means reduces that burden and gets the parties an answer sooner.
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