1. Chapter at a Glance
The Preamble promises every citizen social, economic and political justice. Justice lets people live with equality and dignity and keeps society peaceful. The judiciary — independent of the legislature and the executive — settles disputes according to law, protects rights, and checks that laws and government actions stay within the Constitution. This chapter explains the link between law and justice, the structure and powers of India's courts, Public Interest Litigation, tribunals, digital reforms and alternative ways of resolving disputes.
- What is justice, and why is it important for a harmonious society?
- How is India's judiciary structured, and what does it do?
- What are the alternative modes of dispute resolution?
2. Law and Justice
Laws are general rules made by government to regulate behaviour, with consequences for breaking them — a fine, compensation or imprisonment. The judicial system lets an aggrieved person complain and lets both sides be heard so that justice is done within the law and the Constitution.
- Laws themselves can be unjust. After Independence India reviewed colonial laws and has repealed over 1,500 outdated ones, such as the Criminal Tribes Act, 1871 (which branded whole communities “criminal by birth”) and the Vernacular Press Act, 1878.
- Elsewhere, the USA's “Jim Crow” laws segregated Black people from “white-only” fountains, pools and restaurants until the 1960s, and South Africa's apartheid laws, repealed in 1991, divided people by race.
| Substantive justice | Procedural justice |
|---|---|
| Is the final outcome fair, just and reasonable? | Did every party get a full and fair hearing before the decision? |
| Focus on the result | Focus on the process — e.g. a person is presumed innocent until proven guilty |
3. Structure of the Courts
India has a single, integrated (unified) judiciary: one hierarchy with the Supreme Court at the top, High Courts in the States, and subordinate courts in districts.
The Supreme Court
- Set up under Article 124; started work when the Constitution came into force in January 1950; sits in New Delhi. Motto: Yato dharmastato jayaḥ — “Where there is dharma, there is victory”.
- Strength: the Chief Justice of India plus 33 judges (34 in all), appointed by the President.
- Qualifications: an Indian citizen who has been a High Court judge for 5 years, or a High Court advocate for 10 years, or a distinguished jurist in the President's opinion. Retirement at 65.
- It is the final interpreter of the Constitution; its law binds all courts (Art. 141); it can pass any order needed for “complete justice” (Art. 142); all authorities must act in its aid (Art. 144).
| Jurisdiction | Meaning |
|---|---|
| Writ (Art. 32) | Citizens can go directly to the Supreme Court to enforce Fundamental Rights (High Courts under Art. 226). Writs include habeas corpus (produce a detained person), mandamus (order an official to act), prohibition, certiorari and quo warranto. |
| Original (Art. 131) | Disputes between the Centre and States, or between States (e.g. river water) |
| Appellate (Arts. 132–134A) | Appeals from High Courts on constitutional or important legal questions, death-sentence cases, and from tribunals like the NGT and NCLAT |
| Advisory (Art. 143) | Opinion to the President on important questions, heard by a Constitution Bench of at least five judges |
| Special Leave (Art. 136) | Discretion to hear an appeal from any court or tribunal in India |
Public Interest Litigation (PIL)
A PIL lets anyone approach the courts on behalf of people who cannot, to protect public interest and the Right to Life (Art. 21).
- The first reported PIL was filed by lawyer Kapila Hingorani after reading that undertrial prisoners in Bihar had been jailed longer than their possible sentences; the Supreme Court ordered their release, and guidelines led to the release of about 40,000 undertrials across India.
- M.C. Mehta v. Union of India: environmental cases, including cleaning the Ganga and protecting the Taj Mahal from pollution.
- Vishaka v. State of Rajasthan (1997): guidelines against sexual harassment at work, followed by the POSH Act, 2013.
High Courts
- Article 214 provides a High Court for each State; India has 25 High Courts, some shared — e.g. Bombay (Maharashtra, Goa, Dadra & Nagar Haveli and Daman & Diu), Gauhati (Assam, Nagaland, Mizoram, Arunachal Pradesh), Punjab & Haryana (with Chandigarh), Calcutta (with Andaman & Nicobar), Madras (with Puducherry), Kerala (with Lakshadweep).
- Judges are appointed by the President after consulting the Chief Justice of India, the Governor and the High Court's Chief Justice; they need 10 years of judicial office or advocacy; retire at 62.
- Powers: writs (Art. 226), appeals from lower courts, and superintendence over all courts and tribunals in their territory (Art. 227).
Subordinate courts and tribunals
District, Sessions, Revenue and Small Causes courts are where most people meet the judiciary; District Judges are appointed by the Governor in consultation with the High Court (Art. 233). Tribunals are quasi-judicial bodies for special disputes:
| Tribunal / forum | Decides |
|---|---|
| Consumer Commissions | Consumer complaints — e.g. a builder who took ₹65 lakh but never built a flat was ordered to refund with interest and costs |
| National Green Tribunal | Environmental cases |
| Central Administrative Tribunal | Service matters of government employees |
| NCLT | Company disputes, insolvency |
| Armed Forces Tribunal | Disputes of armed forces personnel |
| APTEL | Electricity disputes |
4. New Laws and Digital Courts
- Since 2024, colonial-era criminal laws have been replaced: Indian Penal Code → Bharatiya Nyaya Sanhita, 2023; Code of Criminal Procedure → Bharatiya Nagarik Suraksha Sanhita, 2023; Indian Evidence Act → Bharatiya Sakshya Adhiniyam, 2023 — aiming at faster justice, use of digital evidence and better protection for victims.
- Digital initiatives: e-filing, hybrid hearings, live-streaming of proceedings, judgments translated into Indian languages, online case status, and the National Judicial Data Grid; the Supreme Court also displays a “Virtual Justice Clock” with real-time case data.
5. Alternative Dispute Resolution (ADR)
Courts have a huge backlog, so ADR methods are encouraged:
| Method | How it works | Law |
|---|---|---|
| Arbitration | Parties refer the dispute to an independent arbitrator (retired judge, lawyer or expert); the award is final, binding and enforceable | Arbitration and Conciliation Act, 1996 |
| Mediation / conciliation | A neutral mediator helps parties reach their own settlement; cannot impose a decision | Mediation Act, 2023 |
| Negotiation | Parties settle directly | — |
| Lok Adalat | “People's court” settling pending or pre-litigation cases amicably | Legal Services Authorities Act, 1987 |
| Gram Nyayalaya | Mobile village-level courts with simple procedures | Gram Nyayalayas Act, 2008 |
6. Master Table: Key Articles and Terms
| Article / term | Meaning |
|---|---|
| Art. 32 / 226 | Writ petitions in the Supreme Court / High Courts |
| Art. 124 | Establishment of the Supreme Court |
| Art. 131 | Original jurisdiction (Centre–State disputes) |
| Art. 136 | Special Leave to Appeal |
| Art. 141 / 142 | SC law binding / complete justice |
| Art. 143 | Advisory opinion to the President |
| Art. 214 / 227 | High Courts / superintendence |
| Art. 233 | Appointment of District Judges |
| Litigant | Person in a legal case (either side) |
| Tribunal | Body settling special types of disputes |
7. Master Summary Table
| Feature | Supreme Court | High Court |
|---|---|---|
| Level | National, apex | State |
| Judges | CJI + 33 | Varies by State |
| Retirement age | 65 | 62 |
| Writs | Art. 32 | Art. 226 |
| Special powers | Original, advisory, special leave, complete justice | Superintendence over lower courts |
Chart — retirement age of judges (years):
8. Mind Map
- Substantive, procedural
- Unjust laws repealed
- Writ, original, appellate
- Advisory, SLP, PIL
- 25 courts
- Art. 226, 227
- District, Sessions
- NGT, consumer
- Arbitration, mediation
- Lok Adalat, Gram Nyayalaya
9. Tips and Tricks
- Writ articles: “32 for the Country, 226 for the State”.
- Retirement: SC 65, HC 62 — “Supreme sits 3 years longer”.
- Arbitrator decides; mediator only helps parties decide.
- There are 28 States but only 25 High Courts, because some are shared.
- Advisory opinions are given to the President, not to Parliament directly.
10. Important One-liners
- The Supreme Court is the apex court and final interpreter of the Constitution.
- Its motto is “Yato dharmastato jayaḥ”.
- Supreme Court judges retire at 65.
- Article 32 allows citizens to approach the Supreme Court directly.
- Kapila Hingorani filed the first reported PIL.
- The Vishaka guidelines dealt with workplace harassment.
- India has 25 High Courts.
- High Court judges retire at 62.
- The National Green Tribunal handles environmental cases.
- The IPC has been replaced by the Bharatiya Nyaya Sanhita.
- Lok Adalats are recognised under the Legal Services Authorities Act, 1987.
11. Exam-pattern Questions with Detailed Answers
Under which Article can a citizen approach the Supreme Court directly for Fundamental Rights?
- Article 21
- Article 32
- Article 143
- Article 226
Show answer
Article 32; Article 226 gives the same power to High Courts; Article 21 is the Right to Life; Article 143 is advisory jurisdiction.
Answer: (B)
Which body decides environmental disputes?
- NCLT
- National Green Tribunal
- Armed Forces Tribunal
- APTEL
Show answer
The National Green Tribunal.
Answer: (B)
Differentiate substantive and procedural justice.
Show answer
Substantive justice is about a fair outcome; procedural justice is about a fair process, giving every party a full hearing and presuming innocence until guilt is proved.
Answer: Fair result vs fair process
What is a PIL? Give an example.
Show answer
A case filed in public interest, often for people who cannot approach courts themselves. Example: Kapila Hingorani's petition for undertrial prisoners in Bihar, which led to the release of tens of thousands across India; or M.C. Mehta's cases on the Ganga and the Taj Mahal.
Answer: Litigation for public interest
Name the jurisdictions of the Supreme Court.
Show answer
Writ (Art. 32), original (Art. 131, Centre–State and inter-State disputes), appellate (appeals from High Courts and tribunals), advisory (Art. 143), and special leave (Art. 136), plus the power to do complete justice (Art. 142).
Answer: As above
How does arbitration differ from mediation?
Show answer
In arbitration a neutral arbitrator hears both sides and gives a binding, enforceable decision. In mediation a neutral mediator only helps the parties reach their own agreement and cannot impose a decision.
Answer: Binding decision vs assisted settlement
Why were laws like the Criminal Tribes Act repealed?
Show answer
It branded entire communities as criminals by birth, violating equality, dignity and the presumption of innocence — values of a democratic republic. Unjust colonial laws had to go.
Answer: They violated equality and justice
Anita is paid less than Sameer for the same factory job. How might a court decide, and on what basis?
Show answer
The court would hear both — Anita's evidence of equal work and qualifications, the employer's reasons. Since the Constitution guarantees equality (Art. 14) and bars sex discrimination, and equal pay for equal work is a recognised principle (also in the Directive Principles and labour law), the court would likely order equal pay and arrears unless the employer proves a genuine non-gender reason.
Answer: Likely equal pay, after a fair hearing
Villagers find a factory polluting their river. What legal steps can they take?
Show answer
Collect evidence (photos, water tests, health records); complain to the State Pollution Control Board and district administration; approach the National Green Tribunal; file a writ or PIL in the High Court under the Right to Life (clean water and environment); seek closure of discharge, clean-up and compensation. Mediation with the factory may also help.
Answer: Regulators, NGT, PIL/writ, compensation
Why is an independent judiciary essential in a democracy?
Show answer
Courts must judge disputes — including those against the government — without pressure. Independence lets them strike down unconstitutional laws, stop abuse of power, protect minorities and individuals, and maintain public trust in the rule of law. Secure tenure, fixed retirement ages and separation of powers support this.
Answer: To check power and protect rights fairly
Suggest ways to reduce the huge number of pending cases.
Show answer
Fill judge vacancies and appoint more judges; expand ADR (Lok Adalats, mediation, arbitration) and Gram Nyayalayas; use technology — e-filing, virtual hearings, digital records, case-management tools; simplify procedures and avoid unnecessary adjournments; reduce government litigation; spread legal awareness.
Answer: More judges, ADR, technology, simpler procedures
12. Quick Revision Summary
- Justice = equality and dignity; substantive vs procedural; unjust laws repealed (Criminal Tribes Act; Jim Crow; apartheid).
- Integrated judiciary: Supreme Court → 25 High Courts → subordinate courts; tribunals.
- Supreme Court: Art. 124; CJI + 33; retire at 65; writ, original, appellate, advisory, special leave; Arts. 141–142.
- PIL: undertrials (Hingorani), M.C. Mehta, Vishaka.
- High Courts: Art. 214, 226, 227; retire at 62.
- New criminal laws (2023); digital courts; ADR — arbitration, mediation, Lok Adalat, Gram Nyayalaya.