Part 2, Chapter 4: The Judiciary

Key idea 1: Laws and the judicial system — Justice is the basis of peace and dignity in society. The government delivers it through laws; consequences include a fine, compensation or imprisonment. The system that lets people complain and present their case is the judicial system. The Preamble promises social, economic and political justice to all citizens.

• Easy: The Criminal Tribes Act was of 1871.
• Medium: South Africa’s apartheid laws were repealed in 1991.
• Exam-type: What is in procedural justice? — A full opportunity to be heard.

In the figure: Both outcome and procedure must be fair.

Key idea 2: Unjust laws repealed — After independence hundreds of colonial laws were found discriminatory and over 1500 were repealed, e.g. the Criminal Tribes Act (1871) and the Vernacular Press Act (1878). The US ‘Jim Crow’ laws were repealed in the 1960s; South Africa’s apartheid laws in 1991.

Key idea 3: Two aspects of justice — Substantive justice asks whether the decision is truly fair, focusing on the outcome. Procedural justice means everyone gets a full hearing before a decision. The rule: everyone is presumed innocent until proved guilty.

Spot the difference

Key idea 1: The hierarchy — India’s judicial system is unified: the Supreme Court at the top, High Courts at state level and Subordinate Courts at district level. The judiciary is independent of the legislature and executive and checks that laws stay within the Constitution.

• Easy: The Supreme Court came into being on 26.01.1950.
• Medium: Supreme Court judges retire at 65.
• Exam-type: Meaning of the motto? — Where there is dharma, there is victory.

In the figure: From top down: Supreme → High → District.

Key idea 2: The Supreme Court — The Supreme Court began on 26.01.1950; under Article 124 it sits in New Delhi and is the final interpreter of the Constitution. Chief Justice + 33 judges. Judges are appointed by the President. Qualifications: an Indian citizen who has been a High Court judge for 5 years, or an advocate for 10 years, or a distinguished jurist in the President’s opinion. Retirement age 65. Motto: ‘Yato dharmastato jayah’.

Spot the difference

Key idea 1: Writs and PIL — To enforce Fundamental Rights a citizen may file a writ petition in the Supreme Court (Article 32) or a High Court (Article 226). PIL, an innovation of the Supreme Court for public matters, gives meaning to Article 21 (Right to Life). The first reported PIL was by lawyer Kapila Hingorani for under-trial prisoners in Bihar; guidelines freed almost 40,000 prisoners. In M.C. Mehta, cleaning the Ganga and protecting the Taj Mahal were taken up; in Vishaka (1997) guidelines against workplace sexual harassment were laid down, followed by the 2013 Act.

• Easy: A writ petition goes to the Supreme Court under Article 32.
• Medium: Inter-state river disputes fall under original jurisdiction.
• Exam-type: Example of PIL? — Kapila Hingorani’s petition for under-trial prisoners.

In the figure: Each article shows a different jurisdiction.

Key idea 2: Other jurisdictions — Original (Article 131): Centre–State and inter-state disputes, such as river water disputes. Appellate: against final High Court orders; death-sentence cases; also from NGT and NCLAT. Advisory (Article 143): if the President asks, a Constitution Bench of at least 5 judges gives an opinion. Special Leave Petitions (Article 136). The Supreme Court’s law binds all courts (Article 141); it can pass any order for complete justice (Article 142).

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Key idea 1: High Courts — Under Article 214 each state has a High Court; 25 High Courts serve 28 states as some states or UTs share one. Judges are appointed by the President in consultation with the CJI, the Governor and the High Court’s Chief Justice. Retirement is at 62. A High Court hears writs and appeals from lower courts and supervises them under Article 227.

• Easy: High Courts exist under Article 214.
• Medium: The NGT settles environmental disputes.
• Exam-type: Benefit of e-filing? — File a case online without visiting court.

In the figure: Different tribunals for different disputes.

Key idea 2: Subordinate courts and tribunals — Subordinate courts (district, sessions, revenue, small causes) meet people directly; the Governor appoints District Judges in consultation with the High Court (Article 233). Tribunals include NCLT (company disputes), NGT (environment), Consumer Commissions and the Armed Forces Tribunal. In one example a family paid about ₹65 lakh for a flat that was never built; the National Consumer Commission ordered the builder to return the money with interest.

Key idea 3: New laws and digital technology — The Indian Penal Code 1860 is replaced by the Bharatiya Nyaya Sanhita 2023; the CrPC 1973 by the Bharatiya Nagarik Suraksha Sanhita 2023; the Indian Evidence Act 1872 by the Bharatiya Sakshya Adhiniyam 2023. Digital steps: e-filing, hybrid hearings, live streaming, translation of judgments, National Judicial Data Grid.

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Key idea 1: Arbitration and mediation — Arbitration: parties refer a dispute to an independent arbitrator; the decision is final and binding; 1996 Act. Mediation: a neutral mediator helps parties reach a settlement without imposing a decision; Mediation Act 2023.

• Easy: An arbitrator’s decision is final and binding.
• Medium: A mediator does not decide; he helps.
• Exam-type: Benefit of Lok Adalat? — Faster, less stressful settlement.

In the figure: Alternative methods reduce the burden on courts.

Key idea 2: Lok Adalats and Gram Nyayalayas — Lok Adalats: ‘people’s courts’ that settle pending (sometimes even pre-litigation) cases amicably; Legal Services Authorities Act 1987. Gram Nyayalayas: mobile village-level courts under the Gram Nyayalayas Act 2008 with simple procedure.

Spot the difference