Chapter Notes

The Role of the Judiciary in Our Society

The Preamble to the Constitution of India promises social, economic, and political justice to all its citizens. To achieve this, the founders of independent India created a strong and sound judicial system.

Justice is the idea of fairness and is essential for maintaining peace and harmony in society. It ensures that everyone can live with equality and dignity. The Judiciary is the branch of government responsible for making sure disputes are settled fairly according to the law. It is one of the three pillars of government, along with the legislature (which makes laws) and the executive (which implements laws).

The judiciary has two main roles:

1. To resolve disputes between people or groups.
2. To ensure that the laws made by the legislature and the actions of the executive follow the rules laid out in the Constitution.

The Connection Between Law and Justice

As societies became more complex, the task of ensuring fair treatment for everyone was given to the government. Governments use laws to administer society and maintain order.

Laws are general rules made by the government to regulate people's activities. If someone does not follow these laws, there are consequences, which can range from paying a fine to imprisonment. The judicial system is the framework that allows individuals to make a complaint (a grievance) and be heard, ensuring that justice is delivered according to the law and the Constitution.

After India's independence, many laws from the colonial era were found to be discriminatory and against the principles of democracy. The government has since repealed over 1500 of these old laws.

• The Criminal Tribes Act, 1871, which unfairly labeled entire communities as criminals from birth, was repealed.
• The Vernacular Press Act, 1878, which limited the freedom of the press, was also removed.

Unjust laws have existed in other parts of the world too. The 'Jim Crow laws' in the United States enforced racial segregation, preventing African Americans from using the same public facilities as white people. Similarly, the apartheid system in South Africa legally separated people by race, placing severe restrictions on non-white citizens. These unjust laws in both countries were eventually repealed.

Aspects of Justice

There are two important sides to justice:

• Substantive Justice: This focuses on the final outcome. It asks: Is the final decision fair, just, and reasonable?
• Procedural Justice: This focuses on the process. It ensures that every person involved in a dispute gets a full and fair opportunity to be heard before a court makes a decision.

The Judicial System in India

The Indian judicial system is a unified, hierarchical structure. This means all the courts are connected in a pyramid-like structure.

1. Supreme Court of India (at the top/apex level)
2. High Courts (at the state level)
3. Subordinate Courts (at the district level)

The Supreme Court of India

The Supreme Court of India is the highest court of law in the country. It was established on 26.01.1950, the same day the Constitution of India came into effect. It is located in New Delhi.

• Role: It is the final interpreter of the Constitution.
• Composition: It consists of the Chief Justice of India and 33 other judges (a total strength of 34).
• Appointment of Judges: The President of India appoints the judges of the Supreme Court.
• Qualifications for a Judge: A person must be a citizen of India and meet one of the following criteria:
  • Been a Judge of a High Court for at least five years.
  • Been an Advocate of a High Court for at least ten years.
  • Be a distinguished jurist in the opinion of the President.
• Retirement Age: A Supreme Court judge retires at the age of 65.

Writ Jurisdiction of the Supreme Court and High Court

The Constitution gives citizens Fundamental Rights such as the Right to Equality, Liberty, and Life. If a citizen's Fundamental Rights are violated, they can directly approach the courts by filing a "Writ Petition".

• A person can file a writ petition in the Supreme Court under Article 32 of the Constitution, especially for issues that affect the whole country.
• A person can file a writ petition in the High Court under Article 226 for violations within that state's territory.

Public Interest Litigation (PIL)

Public Interest Litigation (PIL) is a special tool introduced by the Supreme Court that allows any person or group to file a case on behalf of those who cannot, addressing issues of public concern. It has expanded the meaning of the Right to Life under Article 21.

• The first PIL was filed by lawyer Mrs. Kapila Hingorani to secure the release of under-trial prisoners in Bihar who had been jailed for longer than their maximum possible sentence. This led to the release of about 40,000 such prisoners across India.
• In M.C. Mehta v. Union of India, the Supreme Court took up environmental issues like cleaning the River Ganga and protecting the Taj Mahal.
• In Vishaka & Ors. v. State of Rajasthan (1997), the Supreme Court laid down guidelines to prevent sexual harassment at the workplace.

Original Jurisdiction of the Supreme Court

The Supreme Court has the exclusive power (Article 131) to hear certain cases for the first time. These are disputes between:

• The Central government and one or more states.
• The Central government and a state on one side, and another state on the other.
• Two or more states (inter-state disputes), such as river water disputes.

Appellate Jurisdiction of the Supreme Court

The Supreme Court is the highest court of appeal. It can hear appeals against the decisions of High Courts in cases involving:

• Interpretation of the Constitution or a substantial question of law (Articles 132, 133, 134A).
• Criminal cases where the High Court has given a death sentence (Articles 134, 134A).
• It also hears appeals from specialised tribunals like the National Green Tribunal (NGT).

Advisory Jurisdiction

Under Article 143, if the President of India needs an opinion on a question of law or a fact of public importance, they can ask the Supreme Court for its advice.

Special Leave Petitions (Article 136)

The Supreme Court has a special discretionary power to grant a 'Special Leave to Appeal' against any judgment or order from any court or tribunal in India. This is used in cases where a question of law of general public importance has arisen or to ensure substantial justice is done.

High Court

A High Court is the highest court at the state level. Article 214 of the Constitution states that there shall be a High Court for each state. Currently, there are 25 High Courts in India. Some High Courts cover more than one state or Union Territory.

• Appointment of Judges: The President of India appoints High Court judges in consultation with the Chief Justice of India, the Governor of the state, and the Chief Justice of that High Court.
• Qualifications for a Judge: A person must be a citizen of India and have either held a judicial office for ten years or been an advocate of a High Court for ten years.
• Retirement Age: High Court judges retire at the age of 62.

Jurisdiction of the High Courts

• Each High Court has power within its specific territory.
• It has writ jurisdiction under Article 226 to enforce Fundamental Rights.
• It hears appeals from subordinate courts in both civil and criminal matters.
• It has the power of superintendence (Article 227) over all subordinate courts and tribunals in its territory, ensuring they function within their authority.

Subordinate Courts

Below the High Courts, each state has a system of subordinate courts. These are the courts at the district level and below, such as District Courts, Sessions Courts, and Revenue Courts. This is the level where the judiciary comes into closest contact with the people. The Governor of the state appoints District Judges in consultation with the High Court.

Tribunals

Tribunals are special quasi-judicial bodies set up under various laws to decide specific types of disputes. They are meant to provide speedy justice in specialised fields.

• The National Green Tribunal (NGT) handles cases related to environmental protection.
• The Real Estate Regulatory Authority (RERA) deals with disputes between homebuyers and builders.
• The National Consumer Disputes Redressal Commission handles consumer complaints, as seen in the case where a family complained about a builder who failed to construct their flat and the Commission ordered the builder to refund their money with interest.

Digital Technology and Judicial System

To make the judicial system more accessible and transparent, courts have adopted digital technology.

• Litigants can now check the details of their cases online.
• Court orders and judgments are made freely available to the public online, often in multiple languages.
• Digital initiatives include e-Filing of cases, hybrid hearings (both physical and virtual), live streaming of court proceedings, and the National Judicial Data Grid.
• The Supreme Court has also installed a 'Virtual Justice Clock' to provide real-time judicial data to the public.

• The Indian Penal Code, 1860, is now the Bhartiya Nyaya Sanhita, 2023.
• The Code of Criminal Procedure, 1973, is now the Bharatiya Nagarik Suraksha Sanhita, 2023.
• The Indian Evidence Act, 1872, is now the Bharatiya Sakshya Adhiniyam, 2023. These new laws aim to speed up justice and modernize the legal system.

Alternate Modes of Dispute Resolution

To reduce the burden on courts, litigants are encouraged to use Alternate Modes of Dispute Resolution (ADR). These methods are often faster and less formal than traditional court proceedings.

• Arbitration: Parties agree to let an independent person, called an arbitrator, decide their dispute. The arbitrator's decision is legally binding. This process is governed by the Arbitration and Conciliation Act, 1996.
• Mediation: A neutral person, the Mediator, helps the disputing parties talk to each other and reach a mutual settlement. The mediator does not impose a decision. This is governed by The Mediation Act, 2023.
• Lok Adalats: These are "people's courts" where disputes are settled amicably. They can handle cases already in court or those that have not yet gone to court. They are recognised under the Legal Services Authorities Act, 1987.
• Gram Nyayalayas: Established under the Gram Nyayalayas Act, 2008, these are mobile, village-level courts that provide speedy and inexpensive justice using simplified procedures.