The Role of the Judiciary in Our Society Class 8: Notes and Questions

What The Role of the Judiciary in Our Society is about

Weightage: CBSE sets no Class 8 Social Science paper or marks: Class 8 is assessed by your school, which teaches from NCERT Exploring Society: India and Beyond. School papers usually mix MCQs, short answers (2-3 marks), source or picture-based questions and longer answers (5 marks).Source: docs/research/cbse-8-2026-27.md (NCERT book list, Reprint 2026-27)

Key concepts

Justice, law and the judiciary

NCERT section The Connection Between Law and Justice

The Preamble promises all citizens social, economic and political justice. Justice keeps peace and harmony and lets people live with equality and dignity.

The judiciary is one of the three pillars of government, independent of the legislature and executive. It ensures fair adjudication of disputes according to law, checks that laws passed by the legislature fit the Constitution, and that the executive does not overstep its role. Disputes may also be settled by dialogue, mediation or court adjudication.

Laws: general rules made by the government to regulate people's activities, with consequences for breaking them (a fine, compensation, even imprisonment). The judicial system lets an aggrieved person complain and both sides be heard, so that justice is done within the law and the Constitution.

Unjust laws repealed: after Independence, hundreds of colonial laws were found discriminatory; the government has repealed over 1,500 of them, for example the Criminal Tribes Act, 1871 (branded communities criminal by birth) and the Vernacular Press Act, 1878 (restricted the press). Abroad: the Jim Crow laws in parts of the USA (segregated facilities; repealed in the 1960s) and apartheid laws in South Africa (repealed in 1991).

Worked example

Why were laws like the Criminal Tribes Act, 1871 repealed after Independence? (2 marks)

Try it first, then show the solutionSolution

1. It labelled certain communities criminals by birth: discriminatory.
2. Inconsistent with justice, equality and India as a democratic republic.

Answer: The Criminal Tribes Act labelled certain communities as criminals by birth, which was discriminatory and against equality and dignity. Such colonial laws were inconsistent with the principles of justice of a democratic republic, so they were repealed (over 1,500 colonial-era laws in all).

Substantive and procedural justice

NCERT section The Connection Between Law and Justice

When we suffer injustice we may want punishment, an apology or compensation; the accused wants a chance to explain. This gives two aspects of justice:

Aspect	Focus	Question asked
Substantive justice	the final outcome	Is the decision actually fair, just and reasonable?
Procedural justice	the process	Did every person get a full opportunity of hearing before the court decided?

A basic rule: every person is presumed innocent until proved guilty.

Worked example

A teacher punishes a student for breaking a window without hearing the student, though the punishment is mild. Which aspect of justice is missing? (2 marks)

Try it first, then show the solutionSolution

1. Outcome may seem reasonable (mild).
2. No hearing: procedural justice missing; also presumption of innocence ignored.

Answer: Procedural justice is missing: the student was not given a full opportunity to be heard before the decision. Even a mild punishment is not fully just if the person was presumed guilty without a hearing.

The Supreme Court: structure and appointment

NCERT section The Judicial System in India; The Supreme Court of India

India's judiciary is a unified system: Supreme Court at the apex, High Courts at the state level, subordinate courts at the district level.

Supreme Court of India:

• Highest court; came into existence on 26 January 1950, when the Constitution took effect; seated in New Delhi; established under Article 124.
• Final interpreter of the Constitution.
• Motto: 'yato dharmastato jayah' ('Where there is dharma, there is victory').
• Head: the Chief Justice of India; strength 33 + 1 (CJI and 33 judges).
• Judges are appointed by the President (Article 124).
• Qualifications: a citizen of India who has been (i) a High Court judge for 5 years, or (ii) a High Court advocate for 10 years, or (iii) a distinguished jurist in the President's opinion.
• Retirement at 65.

Worked example

State the three alternative qualifications for appointment as a Supreme Court judge. (3 marks)

Try it first, then show the solutionSolution

1. Citizen of India, and:
2. High Court judge for five years; or High Court advocate for ten years;
3. or a distinguished jurist in the President's opinion.

Answer: The person must be an Indian citizen and, in addition, must have (i) served five years as a High Court judge, or (ii) practised for ten years as a High Court advocate, or (iii) be, in the President's opinion, a distinguished jurist.

Writs and Public Interest Litigation

NCERT section Writ Jurisdiction; Public Interest Litigation (PIL)

Writ jurisdiction lets the constitutional courts enforce Fundamental Rights (Part III: equality, liberty, right to life, freedom of speech, freedom of religion and others).

• Article 32: file a writ petition directly in the Supreme Court, where the issue has an all-India impact.
• Article 226: file in the High Court, for violations within the state's territory.

Public Interest Litigation (PIL) (under Articles 32 and 226): an innovation by the Supreme Court to take up matters of public concern and give meaning to the Right to Life (Article 21).

• First reported PIL: lawyer Kapila Hingorani read that under-trial prisoners in Bihar had been jailed longer than their sentence would have been if convicted; the Court ordered their release and issued guidelines to release almost 40,000 under-trials across India.
• M.C. Mehta v. Union of India: environmental issues such as cleaning the Ganga and protecting the Taj Mahal.
• Vishaka & Ors. v. State of Rajasthan (1997): guidelines against sexual harassment at the workplace; later the Sexual Harassment of Women at Workplace Act, 2013.

Worked example

What was the first reported PIL and what did it achieve? (3 marks)

Try it first, then show the solutionSolution

1. Kapila Hingorani read about under-trial prisoners in Bihar jailed longer than possible sentences.
2. Filed a writ petition for their release.
3. Supreme Court ordered release and guidelines for almost 40,000 under-trials across India.

Answer: Lawyer Kapila Hingorani read in a newspaper that under-trial prisoners in Bihar had spent longer in jail than their punishment would have been if found guilty. She filed a writ petition for their release; the Supreme Court ordered them freed and issued guidelines leading to the release of almost 40,000 under-trial prisoners across India.

Other jurisdictions and powers of the Supreme Court

NCERT section Original, Appellate and Advisory Jurisdiction; Special Leave Petitions

Jurisdiction	Article	What it covers
Original (exclusive)	131	disputes between the Centre and a State; Centre and a State vs another State; between States (e.g. river water)
Appellate	132, 133, 134, 134A	appeals from High Court final orders certified as involving the Constitution or a substantial question of law; criminal cases with death sentence or certified fit; appeals from tribunals like NGT and NCLAT
Advisory	143	the President may seek the Court's opinion on law or fact of public importance; heard by a Constitution Bench of at least five judges
Special Leave	136	discretionary power to allow appeal from any court or tribunal on a question of general public importance, or to do substantive justice

Other powers:

• Article 141: law declared by the Supreme Court is binding on all courts in India.
• Article 142: it may pass any order needed for complete justice.
• Article 144: all civil and judicial authorities must act in aid of the Supreme Court.

Worked example

Two states quarrel over sharing a river's water. Which jurisdiction of the Supreme Court applies, and under which Article? (2 marks)

Try it first, then show the solutionSolution

1. Dispute between states = original (exclusive) jurisdiction.
2. Article 131.

Answer: Original (exclusive) jurisdiction under Article 131, which covers inter-state disputes such as river water disputes; the case goes directly to the Supreme Court.

High Courts and subordinate courts

NCERT section High Court; Subordinate Courts

High Court: highest court at the state level; Article 214: a High Court for each state. India has 28 states but 25 High Courts, because some states and UTs share one (e.g. Bombay: Maharashtra, Goa, Dadra & Nagar Haveli and Daman & Diu; Gauhati: Assam, Nagaland, Mizoram, Arunachal Pradesh; Punjab & Haryana: both states and Chandigarh; Calcutta also covers Andaman & Nicobar; Madras covers Puducherry; Kerala covers Lakshadweep). Several High Courts have more than one bench.

• A Chief Justice and other judges (number varies).
• Appointed by the President in consultation with the CJI, the state Governor and the High Court Chief Justice.
• Qualifications (Article 217(2)): citizen; held a judicial office in India or been a High Court advocate for 10 years. Retire at 62.
• Jurisdiction: within its territory; writs (Article 226); appeals from subordinate courts (civil and criminal) and certain tribunals; superintendence over all courts and tribunals in its territory (Article 227), used sparingly. Writ and supervisory powers are part of the Constitution's basic structure.

Subordinate courts (Articles 233-237): District Courts, Sessions Courts, Revenue Courts, Small Causes Courts; where the judiciary meets ordinary people most closely. District Judges are appointed by the Governor in consultation with the High Court (Article 233). Each High Court must uphold the honour and integrity of its subordinate judiciary.

Worked example

Compare Supreme Court and High Court judges on appointment and retirement age. (2 marks)

Try it first, then show the solutionSolution

1. Both appointed by the President (HC: in consultation with CJI, Governor, HC Chief Justice).
2. Retirement: SC 65; HC 62.

Answer: Both are appointed by the President; High Court judges are appointed in consultation with the Chief Justice of India, the state Governor and the High Court's Chief Justice. Supreme Court judges retire at 65, High Court judges at 62.

Tribunals, new laws and digital justice

NCERT section Tribunals; Digital Technology and Judicial System

Tribunals: specialised, quasi-judicial bodies set up under various laws to decide particular kinds of disputes:

Tribunal	Decides
Consumer fora/commissions	consumer disputes
Central Administrative Tribunal	service matters of government employees
National Green Tribunal	environmental issues
NCLT	corporate and commercial disputes, insolvency and bankruptcy
Armed Forces Tribunal	armed forces disputes
APTEL	electricity disputes

Example: a family paid an advance of almost ₹65 lakh for a flat; after four years no building had come up; the National Consumer Commission heard both sides and ordered the builder to refund with interest and pay litigation costs.

New criminal laws (2023): Bharatiya Nyaya Sanhita replaced the Indian Penal Code, 1860; Bharatiya Nagarik Suraksha Sanhita replaced the Code of Criminal Procedure, 1973; Bharatiya Sakshya Adhiniyam replaced the Indian Evidence Act, 1872; aims: faster justice, digital evidence, better victim protection, a modern and transparent system.

Digital technology: litigants can check their own case details; orders and judgments freely available in many languages; e-Filing, hybrid hearings, live streaming, translation of judgments, the National Judicial Data Grid; since 2024-25 a 'Virtual Justice Clock' screen at the Supreme Court gates shows real-time data.

Worked example

Which three colonial-era laws were replaced in 2023, and by what? (3 marks)

Try it first, then show the solutionSolution

1. IPC 1860 → Bharatiya Nyaya Sanhita, 2023.
2. CrPC 1973 → Bharatiya Nagarik Suraksha Sanhita, 2023.
3. Indian Evidence Act 1872 → Bharatiya Sakshya Adhiniyam, 2023.

Answer: The Indian Penal Code, 1860 was replaced by the Bharatiya Nyaya Sanhita; the Code of Criminal Procedure, 1973 by the Bharatiya Nagarik Suraksha Sanhita; and the Indian Evidence Act, 1872 by the Bharatiya Sakshya Adhiniyam, all in 2023.

Alternative modes of dispute resolution

NCERT section Alternate Modes of Dispute Resolution

To reduce the burden on courts, litigants are encouraged to use arbitration, mediation/conciliation, negotiation, Lok Adalats, etc.

Mode	How it works	Decision	Law
Arbitration	parties refer the dispute to an independent arbitrator or panel (retired judge, lawyer, expert) who must be fair and hear both sides	final, legally binding, enforceable by courts	Arbitration and Conciliation Act, 1996
Mediation (most common ADR)	a neutral mediator helps parties reach a mutual settlement	mediator cannot decide or impose a view	Mediation Act, 2023
Lok Adalats	'people's courts' that settle cases amicably, pending in courts or even before filing	settlement	Legal Services Authorities Act, 1987
Gram Nyayalayas	mobile, village-level courts with simplified procedure	court decision	Gram Nyayalayas Act, 2008

Citizens also help the judiciary by bringing to its notice social concerns affecting the rights of people, animals and nature.

Worked example

Distinguish between arbitration and mediation. (2 marks)

Try it first, then show the solutionSolution

1. Arbitration: arbitrator decides; binding and enforceable.
2. Mediation: mediator only helps parties agree; cannot impose a decision.

Answer: In arbitration, an independent arbitrator hears both sides and gives a decision that is final, legally binding and enforceable by a court. In mediation, a neutral mediator only helps the parties reach their own settlement and has no power to impose a decision.

The Role of the Judiciary in Our Society in real life

Each concept, met in an everyday situation. Read the situation, answer the question in your own words, then compare with the model answer. The one-line hook is what to remember.

Topics in this chapter

• Law, Justice and the Structure of Indian Courts
• Writs, PIL, Jurisdictions and Alternative Dispute Resolution

The Role of the Judiciary in Our Society: key facts

Court hierarchy

1. 1.Supreme Court (apex)
2. 2.High Courts (state)
3. 3.Subordinate courts (district: District, Sessions, Revenue, Small Causes) | + tribunals

A unified system.

Supreme Court Articles

124	establishment and appointment
	32 writs
131	original
	132-134A appeals
136	special leave
141	binding law
142	complete justice
143	advisory (5-judge bench)
144	authorities must aid

High Court and lower court Articles

214	HC in each state
217	qualifications, retirement
226	writs
227	superintendence
233-237	subordinate courts (233: Governor appoints District Judges)

Judges compared

SC judges	CJI + 33
SC qualification	5 yrs HC judge / 10 yrs HC advocate / distinguished jurist
SC retirement	65
HC qualification	judicial office or 10 yrs advocate
HC retirement	62

ADR laws

• •Arbitration and Conciliation Act 1996
• •Legal Services Authorities Act 1987 (Lok Adalats)
• •Gram Nyayalayas Act 2008
• •Mediation Act 2023

Dates

• •SC from 26.01.1950
• •Vishaka 1997 → Act 2013
• •Jim Crow repealed 1960s
• •Apartheid laws repealed 1991
• •New criminal laws 2023
• •Over 1,500 colonial laws repealed

How the school exam asks The Role of the Judiciary in Our Society

The question patterns to expect, and the method that works for each.

Tricks to remember The Role of the Judiciary in Our Society

Short memory aids. Say each one aloud once, then use it on a question the same day.

• Key Supreme Court Articles

  '32 Writes, 131 Settles States, 136 Specially Leaves, 141 Binds, 142 Completes, 143 Advises'.

  Use it when: Articles and powers.

• Retirement ages

  'Supreme 65, High 62': the higher court retires later.

  Use it when: Judges' tenure.

• Two kinds of justice

  'Substantive = Score (result); Procedural = Process (hearing)'.

  Use it when: Aspects of justice.

• ADR years

  'Lok 87, Arbitration 96, Gram 08, Mediation 23'.

  Use it when: ADR laws.

• New laws

  'Nyaya for Penal, Nagarik Suraksha for Procedure, Sakshya for Evidence' (all 2023).

  Use it when: 2023 replacements.

The Role of the Judiciary in Our Society: exam-level solved questions

Ordered from exam level to HOTS. Cover the solution, write your own, then compare step by step.

Case-study practice (Section E style)

Read the situation, then answer every part. In a school exam set on the board pattern this is a 4-mark question split into 1 + 1 + 2 marks.

Where the marks are

How a typical answer is split into step marks. Show every step: a right final answer alone rarely earns full marks.

Where students lose marks in The Role of the Judiciary in Our Society

The slips examiners see most often, and what to write instead.

• ✗Mistake: Mixing up Article 32 and Article 226

  Both are writ powers.

  Wrong working

  Article 226 lets citizens approach the Supreme Court for writs.

  Right working

  Article 32: Supreme Court (all-India issues); Article 226: High Court (within the state).

  ✓Do this: Smaller number, higher court.

  Usually costs: 1 mark.

• ✗Mistake: Saying mediators give binding decisions

  Confusing mediation with arbitration.

  Wrong working

  The mediator decides the case and both parties must obey.

  Right working

  A mediator only helps parties reach a settlement; an arbitrator's decision is binding.

  ✓Do this: Mediator = helper; arbitrator = decider.

  Usually costs: 1 mark.

• ✗Mistake: Assuming every state has its own High Court

  Article 214 says 'each State'.

  Wrong working

  India has 28 High Courts, one per state.

  Right working

  There are 25 High Courts; some states and UTs share one (e.g. Gauhati covers four states).

  ✓Do this: Remember 28 states, 25 High Courts.

  Usually costs: 1 mark.

• ✗Mistake: Wrong retirement ages or qualifications

  Similar numbers (5, 10, 62, 65).

  Wrong working

  Supreme Court judges retire at 62 after 5 years as advocates.

  Right working

  SC judges retire at 65; qualify after 5 years as an HC judge or 10 years as an HC advocate, or as a distinguished jurist.

  ✓Do this: Make a two-column table.

  Usually costs: 1 mark.

• ✗Mistake: Defining justice only as punishment

  Everyday idea of justice.

  Wrong working

  Justice means punishing the guilty.

  Right working

  Justice includes a fair outcome (substantive) and a fair process giving everyone a full hearing (procedural), with innocence presumed until guilt is proved.

  ✓Do this: Mention both aspects.

  Usually costs: 1-2 marks.

NCERT exercise guide: The Role of the Judiciary in Our Society

What each exercise in the NCERT chapter tests, how to approach it, and a question of the same kind solved step by step. Questions here are written in our own words.

Practice questions on The Role of the Judiciary in Our Society

Write each answer on paper first. Open the hint only if you are stuck, and the answer only when you have finished.

1. Q1 · 1 mark · MCQExam level

   At what age does a High Court judge retire?
   (a) 60 (b) 62 (c) 65 (d) 70

   Hint

   Lower than Supreme Court.

   Answer

   (b) 62

2. Q2 · 1 mark · Very short answerExam level

   Which Article gives the Supreme Court power to pass any order for complete justice?

   Hint

   Between 141 and 143.

   Answer

   Article 142.

3. Q3 · 1 mark · Very short answerExam level

   Name the law under which arbitration is conducted in India.

   Hint

   1996.

   Answer

   The Arbitration and Conciliation Act, 1996.

4. Q4 · 1 mark · Very short answerExam level

   Which High Court covers Assam, Nagaland, Mizoram and Arunachal Pradesh?

   Hint

   Guwahati.

   Answer

   The Gauhati High Court.

5. Q5 · 2 marks · Short answerHarder exam level

   What is a Special Leave Petition?

   Hint

   Article 136.

   Answer

   Under Article 136, the Supreme Court has a discretionary power to grant special leave to appeal from any judgment or order of any court or tribunal in India, where a question of law of general public importance arises or to do substantive justice.

6. Q6 · 3 marks · Short answerHarder exam level

   How do digital initiatives make the judiciary more transparent? Give three examples.

   Hint

   Litigants and public.

   Answer

   Litigants can check their own case details online rather than relying only on lawyers; judgments are freely available and translated into many Indian languages; court proceedings are live-streamed (also: e-filing, hybrid hearings, the National Judicial Data Grid and the Virtual Justice Clock).

7. Q7 · 1 mark · Assertion-reasonHarder exam level

   Assertion (A): A mediator cannot impose a decision on the parties.
   Reason (R): Mediation aims at a mutual settlement reached by the parties themselves.
   (a) Both true, R explains A (b) Both true, R does not explain A (c) A true, R false (d) A false, R true

   Hint

   Nature of mediation.

   Answer

   (a) Both true and R explains A.

8. Q8 · 2 marks · Short answerHarder exam level

   Why is the subordinate judiciary called a very important part of the judicial system?

   Hint

   Contact with people.

   Answer

   Because it is in district, sessions, revenue and small causes courts that the judiciary comes into closest contact with ordinary people; most citizens' cases start and are decided there.

9. Q9 · 3 marks · Short answerHOTS / competency

   Suppose a news report says hundreds of people in a state have been in jail for years awaiting trial. Using the chapter, what could a concerned lawyer do and what precedent exists?

   Hint

   First PIL.

   Answer

   The lawyer could file a PIL (writ petition) in the High Court under Article 226 or the Supreme Court under Article 32, citing the Right to Life (Article 21). The precedent is Kapila Hingorani's PIL, after which the Supreme Court ordered the release of under-trials in Bihar and issued guidelines leading to the release of almost 40,000 across India.

10. Q10 · 2 marks · Short answerHOTS / competency

    Why do you think writ and supervisory jurisdiction of High Courts has been declared part of the Constitution's 'basic structure'?

    Hint

    Protection of rights.

    Answer

    These powers let citizens enforce Fundamental Rights and keep lower courts and tribunals within their authority; treating them as basic structure protects them from being taken away, so rights remain enforceable everywhere.

11. Q11 · 3 marks · Short answerHOTS / competency

    Lok Adalats are called 'people's courts'. Evaluate two advantages and one limitation.

    Hint

    Amicable settlement.

    Answer

    Advantages: they settle disputes amicably and quickly without the rigours of formal trials, and they reduce the backlog of pending cases (they can even take disputes before they reach court). Limitation: since they depend on agreement, they suit disputes that can be compromised; serious matters needing a formal decision still need regular courts. (Reasoned answers accepted.)

12. Q12 · 5 marks · Long answerHOTS / competency

    'An independent judiciary is essential for democracy.' Explain with reference to the chapter.

    Hint

    Checks, rights, fairness.

    Answer

    The judiciary is one of the three pillars of government and is kept independent of the legislature and executive. This independence lets it decide disputes fairly, including disputes involving the government itself, such as Centre-state cases under Article 131. It checks that laws passed by the legislature fit the Constitution and that the executive does not overstep, as the final interpreter of the Constitution. It protects Fundamental Rights through writs and PIL, as when under-trial prisoners were freed or workplace harassment guidelines were laid down. Without independence, powerful parties could influence verdicts and citizens would lose a fair forum, so democracy and the rule of law depend on it.

Test your recall

Answer in your head or on paper first, then open the card. Pulling an answer out of memory makes it stick far better than re-reading.

1. 1.What kinds of justice does the Preamble promise?Show answer

   Social, economic and political justice.

2. 2.When did the Supreme Court come into existence?Show answer

   26 January 1950.

3. 3.What is the Supreme Court's motto?Show answer

   'Yato dharmastato jayah': where there is dharma, there is victory.

4. 4.What is the sanctioned strength of the Supreme Court?Show answer

   33 + 1 (33 judges and the Chief Justice of India).

5. 5.Who appoints Supreme Court judges?Show answer

   The President of India (Article 124).

6. 6.Who filed the first reported PIL?Show answer

   Lawyer Kapila Hingorani, for under-trial prisoners in Bihar.

7. 7.What did the Vishaka case (1997) lead to?Show answer

   Guidelines against sexual harassment at the workplace, and later the 2013 Act.

8. 8.Which Article lets the President seek the Supreme Court's opinion?Show answer

   Article 143 (heard by at least five judges).

9. 9.How many High Courts does India have?Show answer

   25.

10. 10.Who appoints District Judges?Show answer

    The Governor, in consultation with the High Court (Article 233).

11. 11.Under which law do Lok Adalats work?Show answer

    The Legal Services Authorities Act, 1987.

12. 12.What are Gram Nyayalayas?Show answer

    Mobile village-level courts under the 2008 Act with simplified procedure.

Quick revision checklist

The night before the exam: can you do each of these without looking?

• ☐Judiciary: independent pillar; fair adjudication; checks laws and executive against the Constitution.
• ☐Over 1,500 colonial laws repealed (Criminal Tribes Act, Vernacular Press Act).
• ☐Substantive (fair outcome) vs procedural (full hearing) justice; innocent until proved guilty.
• ☐Unified hierarchy: SC → HCs → subordinate courts.
• ☐SC: 26.01.1950, Art. 124, CJI + 33, appointed by President, retire at 65.
• ☐Writs: Art. 32 (SC), Art. 226 (HC) for Fundamental Rights.
• ☐PIL: Kapila Hingorani (about 40,000 under-trials released), M.C. Mehta, Vishaka.
• ☐Original 131, appellate 132-134A, special leave 136, binding 141, complete justice 142, advisory 143, aid 144.
• ☐25 HCs for 28 states; HC judges retire at 62; Art. 227 superintendence.
• ☐Subordinate courts: Arts. 233-237; Governor appoints District Judges.
• ☐Tribunals: consumer, CAT, NGT, NCLT, AFT, APTEL.
• ☐2023 laws (BNS, BNSS, BSA); e-filing, live streaming, NJDG; ADR: arbitration, mediation, Lok Adalat, Gram Nyayalaya.

The Role of the Judiciary in Our Society: frequently asked questions