NCERT Class 8 Social Science Exploring Society India and Beyond Part 2 Chapter 04 The Role of the Judiciary in Our Society PDF Download

Chapter 4: The Role of the Judiciary in Our Society

Injustice anywhere is a threat to justice everywhere. - Dr Martin Luther King Jr.

The Big Questions

1. What is the concept of justice?
2. Why is it important for a just and harmonious Society?
3. What is the structure and role of the judiciary in India?
4. What are the alternative modes of dispute resolution?

[Figure 4.1: The Supreme Court of India, New Delhi]

The Preamble to the Constitution of India promises all Indian citizens social, economic, and political justice. The founders of independent India laid the foundation for a sound judicial system in a democratic society.

Justice is essential for maintaining peace and harmony in any society. It ensures that individuals in a society can live with equality and dignity. The Judiciary is the institution which ensures fair adjudication of disputes in accordance with the law and that everyone is treated justly and with fairness.

[Figure 4.2: The Preamble to the Constitution of India]

LET'S EXPLORE

Think of a time when you felt that someone had not been fair to you. How did you feel? What did you think needed to be done to make the situation right? Who could have made things right? What would you do in such a situation? Share in small groups.

LET'S REMEMBER

We know that the Judiciary is one of the three pillars of the government, which is independent from the legislature and the executive. An independent judiciary is essential to ensure that disputes between parties are decided in a fair and just manner.

Society has many complex interactions happening all the time, both personal and professional, therefore, disagreements and disputes may arise from diverse contexts and situations. Often disputes between parties are resolved through dialogue, mediation, or adjudication by courts of law.

The judiciary plays a vital role in ensuring that the laws passed by the legislature are within the framework of the Constitution, and that the executive does not overstep its role as outlined in the Constitution.

This chapter looks at the role and structure of this branch of the State, i.e., the Judiciary.

Teacher's Note

Remember that independence of the judiciary means it is separate from and not controlled by the legislature or executive. This independence is crucial because it allows judges to make fair decisions based on the law, not on pressure from the government or politicians. In exams, when you are asked why the judiciary must be independent, always connect it to fairness and justice.

The Connection Between Law and Justice

As human societies grew larger and more complex, systems of governance started emerging. Societies expect fair treatment and peaceful living for everyone, but now this task has been given over to the government. Governments were given the power to administer a society through laws and the power to enforce such laws, with force if needed. The government's way to ensure that justice is achieved in any society is by the framing of laws.

Teacher's Note

Do not confuse law with justice. A law is a rule made by the government, while justice is the fair and right outcome. Laws are the tool that the government uses to try to achieve justice. Sometimes a law might not be just, which is why courts exist - to interpret laws fairly and ensure they match our Constitution.

Key Points

• Justice means fair treatment and respect for the equality and dignity of all people in a society.
• The Judiciary is an independent branch of government that resolves disputes and ensures laws are applied fairly.
• The Preamble to the Constitution promises all Indian citizens social, economic, and political justice.
• Laws are created by governments as a tool to help achieve justice in society.
• Disputes can be resolved through dialogue, mediation, or by courts of law.

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