CBSE Class 8 · The Role of the Judiciary in Our Society

Law, Justice and the Structure of Indian Courts: Class 8 Notes and Questions

Updated 17 October 2026 · Fact-checked

Justice means fair adjudication so that everyone is treated with equality and dignity; governments secure it through laws, and the judiciary applies them. India has a unified hierarchy of courts: the Supreme Court at the apex (33+1 judges, retirement at 65), High Courts at the state level (retirement at 62) and subordinate courts at the district level, along with specialised tribunals.

Notice the unified hierarchy: cases start in district courts and appeals move upward to the High Court and then the Supreme Court.

Illustration drawn for QuestionBuddy.

Understand Law, Justice and the Structure of Indian Courts

Justice and law. The Preamble promises social, economic and political justice. Justice is essential for peace and harmony and for letting people live with equality and dignity. As societies grew, governments were given power to make laws and enforce them. Laws are general rules to regulate people's activities, with consequences for breaking them (a fine, compensation or imprisonment). The judicial system lets a person with a grievance complain and place their view so that justice is ensured within the law and the Constitution. NCERT says that after Independence hundreds of colonial-era laws that were discriminatory were reviewed and over 1500 repealed, for example the Criminal Tribes Act, 1871 (repealed in 1952). Some other discriminatory colonial laws, such as the Vernacular Press Act, 1878, were withdrawn even earlier, during British rule (in 1881). NCERT also mentions unjust laws elsewhere: the Jim Crow laws in parts of the United States (repealed in the 1960s) and apartheid in South Africa (laws repealed by 1991).

Two aspects of justice.

Substantive justice: the final outcome; is the decision fair, just and reasonable?
Procedural justice: every person gets a full opportunity to be heard before a decision is taken; every person is presumed innocent until proved guilty.

The Judicial System: a hierarchy. India has a unified system: Supreme Court at the apex, High Courts at the state level, Subordinate (District) Courts below.

Supreme Court. Highest court, came into existence on 26 January 1950; Article 124 provides for it; seated at New Delhi; final interpreter of the Constitution. Strength: the Chief Justice of India plus 33 judges (33+1). Judges are appointed by the President. Qualifications: a citizen of India who has been (i) a High Court judge for five years, or (ii) a High Court advocate for ten years, or (iii) a distinguished jurist in the President's opinion. Retirement at 65. Motto: *yato dharmastato jayah* ('where there is dharma, there is victory'). The law declared by the Supreme Court is binding on all courts (Article 141); it can pass orders necessary for complete justice (Article 142).

High Court. Article 214 provides for a High Court in each state. At the time of the book, India has 28 states and 25 High Courts, as some states or union territories share one (for instance Bombay High Court covers Maharashtra, Goa and Dadra and Nagar Haveli and Daman and Diu; Calcutta covers West Bengal and the Andaman and Nicobar Islands; Madras covers Tamil Nadu and Puducherry; Gauhati covers Assam, Nagaland, Mizoram and Arunachal Pradesh). Judges are appointed by the President in consultation with the Chief Justice of India, the Governor and the Chief Justice of the High Court. Qualification (Article 217(2)): a citizen who has held judicial office or been a High Court advocate for ten years. Retirement at 62. A High Court hears appeals against subordinate courts and certain tribunals, has writ jurisdiction (Article 226), and has the power of superintendence over all courts and tribunals in its territory (Article 227), exercised sparingly. Writ and supervisory jurisdiction of High Courts are part of the Constitution's basic structure.

Subordinate courts. Articles 233 to 237 govern their organisation and secure their independence. They include District Courts, Sessions Courts, Revenue Courts and Small Causes Courts, and are where the judiciary meets people most closely. The Governor, in consultation with the High Court, appoints District Judges (Article 233).

Tribunals. Specialised quasi-judicial bodies, such as the National Company Law Tribunal (corporate and insolvency disputes), Appellate Tribunal for Electricity, Consumer Fora, National Green Tribunal (environment), Armed Forces Tribunal and the Central Administrative Tribunal (service matters). In an example in the chapter, a family paid about 65 lakh as an advance for a flat that was not built, and the National Consumer Commission ordered a refund with interest and costs.

New criminal laws and digital courts. NCERT notes that the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 have been replaced by the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam, all 2023. Digital initiatives: e-filing, hybrid hearings, live streaming, translation of judgments, and the National Judicial Data Grid.

Law, Justice and the Structure of Indian Courts: key facts

Hierarchy of courts: Supreme Court (Delhi)
High Courts (states, 25 in all)
District and subordinate courts; Unified system.
Supreme Court details: Came into existence 26.01.1950
Article 124
Chief Justice plus 33 judges
retire at 65
appointed by the President; Final interpreter of the Constitution.
High Court details: Article 214
judges retire at 62
appointed by President after consulting CJI, Governor and the High Court's Chief Justice
Article 226 writs
Article 227 superintendence; One High Court may serve more than one state.
Two aspects of justice: Substantive: fair outcome
Procedural: fair hearing
presumption of innocence; Both are needed.
Tribunals and subject: NCLT: company
APTEL: electricity
Consumer fora
NGT: environment
Armed Forces Tribunal
Central Administrative Tribunal: service; Quasi-judicial bodies.

How to answer Law, Justice and the Structure of Indian Courts questions

Questions ask for the meaning of justice, the difference between substantive and procedural justice, the hierarchy and powers of courts, and the role of tribunals.

1Define law and justice in one line each, then give the two aspects of justice with an example.
2Draw the hierarchy and add article numbers, qualifications and retirement ages.
3For differences between courts, use a table: seat, appointment, retirement, jurisdiction.
4For tribunals, name the tribunal and the dispute it settles.
5Keep the tone neutral and cite the Constitution's articles accurately.

Law, Justice and the Structure of Indian Courts in real life

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

Fair hearing before a decision

Suppose a school accuses a student of damaging a lab instrument and decides to punish the student without listening to the student's explanation, though a video later shows another student did it.

Which aspect of justice was missing, and what should have happened?

Try it first, then show the solutionSolution

The accused student was not given a chance to explain.
This is a lack of procedural justice.
A fair hearing could also have led to a correct outcome.

Answer: Procedural justice was missing: every person involved must get a full opportunity of hearing before a decision is taken, and a person is presumed innocent until proved guilty. A fair hearing would also have made the outcome (substantive justice) correct.

Memory hook: First hear, then decide.

Tricks to remember Law, Justice and the Structure of Indian Courts

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

65 and 62
Supreme Court judges retire at 65; High Court judges at 62.
Use it when: Retirement ages.
124-214-233
SC Article 124; HC Article 214; District Judges Article 233.
Use it when: Article numbers.
Substance = what, Procedure = how
Substantive justice asks what result; procedural asks how it was reached.
Use it when: Two aspects.

Law, Justice and the Structure of Indian Courts: solved examples

Ordered from board level to HOTS. Try each one before you open the solution.

Example 1: Retirement age · 1 mark · MCQBoard level

A Supreme Court judge retires at the age of:
(a) 58
(b) 60
(c) 62
(d) 65

Try it first, then show the solutionSolution

NCERT: a Supreme Court judge retires at 65; a High Court judge at 62 (1 mark).

Answer: (d) 65

Example 2: Two aspects of justice (3 marks) · 3 marks · Short answerHarder board level

Distinguish between substantive and procedural justice, and state the presumption on which criminal trials proceed. (3 marks)

Try it first, then show the solutionSolution

Substantive justice concerns the final outcome: whether the decision is fair, just and reasonable (1 mark).
Procedural justice requires a full opportunity of hearing to every person before the decision (1 mark).
Presumption: every person is innocent until proved guilty (1 mark).

Answer: Substantive justice focuses on the final result and asks whether the decision is actually fair, just and reasonable. Procedural justice means that every person involved gets a full opportunity of being heard before the court decides. As a rule, every person is presumed innocent until proved guilty.

Example 3: Assertion-reason: court hierarchy · 1 mark · Assertion-reasonHarder board level

Assertion (A): The Indian judicial system is described as a unified system.
Reason (R): It has a single hierarchy of courts, with the Supreme Court at the apex, High Courts at the state level and subordinate courts at the district level.
(a) Both A and R are true, and R is the correct explanation of A.
(b) Both A and R are true, but R is not the correct explanation of A.
(c) A is true, but R is false.
(d) A is false, but R is true.

Try it first, then show the solutionSolution

The single hierarchy is exactly what NCERT means by unified (1 mark).

Answer: (a) Both A and R are true, and R is the correct explanation of A.

Example 4: Compare the Supreme Court and High Court (5 marks) · 5 marks · Long answerHarder board level

Compare the Supreme Court and a High Court on any five points: establishment, seat or number, appointment, qualification, retirement. (5 marks)

Try it first, then show the solutionSolution

Establishment: Supreme Court under Article 124, began on 26.01.1950; High Court under Article 214 in each state (1 mark).
Number: one Supreme Court at New Delhi; 25 High Courts for 28 states, some shared (1 mark).
Appointment: SC judges by the President; HC judges by the President in consultation with the CJI, the Governor and the HC Chief Justice (1 mark).
Qualification: SC - High Court judge for five years, advocate for ten years or distinguished jurist; HC - judicial office or advocate for ten years (1 mark).
Retirement: 65 versus 62 (1 mark).

Answer: The Supreme Court, provided for by Article 124, came into existence on 26 January 1950 and sits at New Delhi, while Article 214 provides for a High Court in each state, and there are 25 High Courts for 28 states because some are shared. Supreme Court judges are appointed by the President, whereas High Court judges are appointed by the President in consultation with the Chief Justice of India, the Governor of the state and the Chief Justice of the High Court. A Supreme Court judge must have been a High Court judge for five years, or an advocate for ten years, or a distinguished jurist, while a High Court judge must have held judicial office or been a High Court advocate for ten years. Supreme Court judges retire at 65 and High Court judges at 62.

Example 5: Case: consumer commission · 4 marks · Case-basedHOTS / competency

Read the case and answer.

A builder planned to start a complex of flats in 2011. A family paid an advance of almost 65 lakhs. Even after four years there was no sign of the building. The family approached the National Consumer Commission. After hearing both parties, it ordered the builder to return the amount with interest and to pay the cost of litigation. The names of the parties are withheld to protect privacy.

(i) Which body decided this dispute? (1)
(ii) What was ordered? (1)
(iii) Explain why a specialised tribunal or commission may be better than an ordinary civil court for such disputes. (2)

Try it first, then show the solutionSolution

(i) The National Consumer Commission, a consumer forum (1 mark).
(ii) Refund of the amount with interest and payment of the cost of litigation (1 mark).
(iii) Tribunals are specialised and quasi-judicial for specific categories of disputes, so they can decide such disputes with subject-matter focus; they also help ease the burden on regular courts (2 marks).

Answer: (i) The National Consumer Commission. (ii) The builder had to return the amount with interest and pay the cost of the litigation. (iii) Specialised tribunals and commissions deal with specific categories of disputes, such as consumer disputes, so they can handle them with focus and help reduce the burden on regular courts.

Where students lose marks in Law, Justice and the Structure of Indian Courts

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

Mistake: Swapping retirement ages
Two similar numbers.
Wrong working
High Court judges retire at 65.
Right working
High Court at 62; Supreme Court at 65.
Do this: Higher court, higher age.
Usually costs: 1 mark.
Mistake: Treating tribunals as ordinary courts
Name overlap.
Wrong working
Tribunals are part of the High Court.
Right working
Tribunals are specialised quasi-judicial bodies for specific disputes.
Do this: Link each tribunal with its subject.
Usually costs: 1 mark.
Mistake: Writing only about outcomes when asked about procedural justice
Mixing aspects.
Wrong working
Procedural justice is a fair verdict.
Right working
Procedural justice is a fair hearing; a fair verdict is substantive justice.
Do this: Say 'process' versus 'outcome'.
Usually costs: 1 mark.

Exam tips

Learn the four numbers together: 33+1 judges, retirement 65 and 62, 25 High Courts.
Quote the Article numbers accurately, but do not add details not in the chapter.
Add the Preamble's promise of justice in the opening of long answers.
Use neutral language when referring to unjust laws of the past and attribute the review to the government.

Practice questions on Law, Justice and the Structure of Indian Courts

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

Q1 · 1 mark · MCQBoard level
Which Article of the Constitution provides for the establishment of the Supreme Court?
(a) Article 124
(b) Article 214
(c) Article 32
(d) Article 226
Hint
Three digits starting with 1.
Answer
(a) Article 124
Q2 · 2 marks · Very short answerBoard level
Name any two subordinate courts and who appoints District Judges. (2 marks)
Hint
Article 233.
Answer
Subordinate courts include District Courts, Sessions Courts, Revenue Courts and Small Causes Courts. District Judges are appointed by the Governor of the state in consultation with the High Court.
Q3 · 3 marks · Short answerHarder board level
Why were more than 1500 colonial-era laws repealed after Independence? Give one example. (3 marks)
Hint
Discriminatory, inconsistent with democratic republic.
Answer
Many laws framed during colonial rule were found to be discriminatory and contrary to the fundamental principles of a democratic polity, so the government reviewed them and repealed over 1500. An example is the Criminal Tribes Act, 1871, which labelled certain communities as criminals by birth and was repealed in 1952. (The Vernacular Press Act, 1878, which restricted freedom of the press, was also a discriminatory colonial law, but it was repealed earlier, in 1881, during British rule.)
Q4 · 1 mark · Assertion-reasonHarder board level
Assertion (A): A High Court's power of superintendence over subordinate courts is to be exercised sparingly.
Reason (R): The power is supervisory in nature and ensures that subordinate courts and tribunals act within their authority.
(a) Both A and R are true, and R is the correct explanation of A.
(b) Both A and R are true, but R is not the correct explanation of A.
(c) A is true, but R is false.
(d) A is false, but R is true.
Hint
Does R explain why it is sparing?
Answer
(b) Both A and R are true, but R is not the correct explanation of A. R states the nature and purpose of the power; NCERT states separately that it is to be used sparingly.
Q5 · 5 marks · Long answerHOTS / competency
'An independent judiciary is essential for justice.' Using the chapter, explain how the structure of the courts and the provisions for appointment and subordinate courts support independence and access to justice. (5 marks)
Hint
Unified hierarchy, qualifications, retirement ages, Articles 233-237, supervision, tribunals.
Answer
The judiciary is one of three pillars of government and is independent of the legislature and executive. A unified hierarchy from district courts to High Courts and the Supreme Court lets a dispute move upward through appeals, and the Supreme Court, as the final interpreter of the Constitution, binds all courts. Judges must meet stated qualifications, are appointed after prescribed consultation (for High Courts, with the Chief Justice of India, the Governor and the High Court's Chief Justice) and retire at fixed ages (65 and 62), so their tenure is defined. Articles 233 to 237 secure the independence of the subordinate judiciary, which is where the people meet the judiciary most closely, and High Courts supervise these courts to maintain their honour and integrity. Specialised tribunals and digital tools such as e-filing and free online access to judgments further widen access to justice.

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.When did the Supreme Court come into existence?Show answer
On 26 January 1950.
2.What is the Supreme Court's motto?Show answer
Yato dharmastato jayah: where there is dharma, there is victory.
3.How many High Courts are there as per NCERT?Show answer
25, for 28 states.
4.Which tribunal decides environmental issues?Show answer
The National Green Tribunal.
5.What is the presumption in a criminal case?Show answer
Every person is presumed innocent until proved guilty.

Law, Justice and the Structure of Indian Courts: frequently asked questions

What is the structure of the Indian judiciary?

A unified hierarchy with the Supreme Court at the top, High Courts at state level and subordinate courts at district level.

Who appoints Supreme Court judges?

The President of India appoints them under Article 124.

What are tribunals?

Specialised quasi-judicial bodies that decide particular categories of disputes, such as company, electricity, consumer, environmental and service matters.