NCERT Class 8 Social Science Chapter 11 The Role of the Judiciary in Our Society

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NCERT Class 8 Social Science Chapter 11 The Role of the Judiciary in Our Society

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The Role of the Judiciary in Our Society

Chapter: 11

Theme D — Governance and Democracy

The Big Questions 

1. What is the concept of justice? 

Ans: Justice means treating everyone fairly and equally. It ensures that every individual gets their rights, dignity and fair treatment according to the law. 

2. Why is it important for a just and harmonious society? 

Ans: Justice is important for a just and harmonious society because it ensures equality, protects people’s rights, maintains peace and harmony, and helps resolve disputes fairly. 

3. What is the structure and role of the judiciary in India? 

Ans: India has a unified judicial system consisting of three levels:

(i) Supreme Court: The highest court of India.

(ii) High Courts: The highest courts at the state level.

(iii) Subordinate Courts: Courts functioning at the district level.

The judiciary protects Fundamental Rights, interprets the Constitution, settles disputes and ensures justice for all.

4. What are the alternative modes of dispute resolution? 

Ans: The alternative modes of dispute resolution are:

(i) Arbitration.

(ii) Mediation.

(iii) Lok Adalat.

(iv) Gram Nyayalayas.

(v) Negotiation.

LET’S EXPLORE 

1. 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. (Page 127)

Ans: Once, a friend blamed me for a mistake that I had not made. I felt sad and disappointed because I was treated unfairly. I thought the truth should be known and I should get a chance to explain myself. My teacher could have helped make things right. In such a situation, I would calmly explain the truth and ask for a fair decision.

2. Several High Courts mentioned in the table have more than one bench. Explore which High Courts have more than one bench with the help of your teachers. (Page 135) 

Ans: Some High Courts in India have more than one bench to provide better access to justice to people living in different regions. These benches are located in different cities apart from the principal seat of the High Court.

The following High Courts have multiple benches:

(i) Bombay High Court – Nagpur, Aurangabad and Panaji.

(ii) Calcutta High Court – Port Blair and Jalpaiguri.

(iii) Madras High Court – Madurai.

(iv) Allahabad High Court – Lucknow.

(v) Karnataka High Court – Dharwad and Gulbarga (Kalaburagi).

(vi) Gauhati High Court – Kohima, Aizawl and Itanagar.

(vii) Rajasthan High Court – Jaipur.

(viii) Madhya Pradesh High Court – Gwalior and Indore.

3. Which Subordinate Court is closest to where you live? (Page 137)

Ans: The nearest subordinate court to my location is the Sub-Divisional Judicial Magistrate (SDJM) Court at Jonai, Dhemaji, Assam. 

Questions and Activities 

1. Write a model letter to the High Court or Supreme Court about a current social issue you have observed to bring it to the notice of the judiciary. 

Ans: 

To,

The Hon’ble Chief Justice of India,

Supreme Court of India,

New Delhi.

Subject: Request for action against environmental pollution.

Respected Sir/Madam,

I would like to draw your attention to the serious problem of environmental pollution in our country. Air pollution, plastic waste and polluted rivers are creating major health and environmental problems.

Despite various rules and regulations, pollution continues to increase due to careless human activities. I request the judiciary to take necessary steps to ensure strict implementation of environmental laws and create awareness among people.

I hope your honour will consider this issue seriously and take appropriate action to protect our environment and public health.

Thank you.

Yours faithfully,

A Concerned Citizen

2. Imagine that you are part of the legislature or executive. Given the large number of cases in the judicial system, what are some innovative solutions that you can devise to address the issue? 

Ans: If I were a part of the legislature or executive, I would introduce the following innovative solutions to reduce the large number of pending cases in the judicial system:

(i) Fast-Track Courts: Establish more fast-track courts to settle cases quickly.

(ii) Online Hearings: Encourage virtual court hearings to save time and reduce delays.

(iii) Appointment of Judges: Appoint more judges to handle the increasing number of cases.

(iv) Alternative Dispute Resolution: Promote mediation and arbitration to settle disputes outside courts.

(v) Digital Case Management: Introduce digital systems to manage cases and reduce paperwork.

(vi) Legal Aid: Provide free legal assistance to poor and needy people.

These steps can help reduce pending cases and make the justice system faster, easier and more accessible to everyone.

3. Create a moot court and enact the following cases. What are the considerations that the judge might need to take into account to arrive at a just outcome? 

i. Anita and Sameer worked in a factory that produced different types of screws. They had both completed an Industrial Training Institute diploma and joined the factory together. One day, Anita discovered that she was getting paid less than Sameer for the same job. After many appeals to her boss and no change in her salary, she decided to go to court. Enact this scene from the litigants’ perspective, showcasing their respective points of view. What might be the outcome of the case? 

Ans: Anita’s Point of View: Anita and Sameer have the same qualifications and perform the same job. However, Anita receives a lower salary than Sameer. She believes this is unfair and demands equal pay for equal work.

Sameer’s Point of View: Sameer may argue that both joined the factory together and perform similar duties. He may also support Anita’s demand for equal treatment.

Judge’s Considerations:

(i) Whether Anita and Sameer have the same qualifications and experience.

(ii) Whether they perform the same duties and responsibilities.

(iii) Whether there is any valid reason for the difference in their salaries.

Possible Outcome: The judge may order the factory to provide equal pay to Anita if it is proved that she is being paid less for the same work without a valid reason. The factory may also be directed to pay her the salary difference.

ii. The people of a village living next to a river used its water for drinking and irrigation purposes. Gradually, they began to notice that the clear water was turning a brownish colour and had begun to smell too. Many people were falling sick. They figured that this was due to the effluents that were being discharged by a factory upstream. What are the steps that the residents of the village could take to ensure that the water is clean again? 

Ans: The villagers should take the following steps to ensure that the water becomes clean again:

(i) File a Complaint: Report the pollution to the Pollution Control Board and local authorities.

(ii) Collect Evidence: Collect water samples and medical reports to prove the harmful effects of pollution.

(iii) Approach the Court: File a case against the factory for discharging harmful waste into the river.

(iv) Stop Pollution: Demand that the factory install proper waste treatment facilities.

(v) Clean the River: Request the authorities to take necessary steps to clean the polluted river.

Judge’s Considerations:

(i) Whether the factory is responsible for polluting the river.

(ii) Whether the polluted water is causing health problems to villagers.

(iii) Whether the factory has violated environmental laws.

Possible Outcome: The court may order the factory to stop discharging untreated waste, install proper treatment facilities and take responsibility for restoring the polluted river.

4. Many eminent individuals from across India have served as Supreme Court or High Court judges. Write an essay about one such individual from your state or district, talking about their contributions as a judge of the Supreme Court or High Court. 

Ans: Justice Ranjan Gogoi

Justice Ranjan Gogoi is a well-known former Chief Justice of India who belongs to Assam. He was born on 18 November 1954 in Dibrugarh, Assam. He began his legal career in 1978 at the Gauhati High Court. He later served as a judge of the Gauhati High Court, Punjab and Haryana High Court and 

Supreme Court of India.

He became the 46th Chief Justice of India on 3 October 2018 and served until 17 November 2019. During his tenure, he was associated with several important cases, including the Ayodhya land dispute, the Assam National Register of Citizens (NRC) and the Rafale case. His judicial career is an important contribution to India’s legal system. He is a notable personality from Assam who reached the highest position in the Indian judiciary.

5. Have an interaction with anyone you know who is a part of the judicial system. Try to understand their work, the challenges they face, and what gives them satisfaction. Create a small presentation and share it with the class. You can do this in small groups. 

Ans: Presentation on the Work of a Judicial Officer

Introduction: I interacted with a lawyer who works in the judicial system to understand their duties and responsibilities.

Main Points:

(i) Work: A lawyer represents clients, prepares legal documents and presents arguments before the court.

(ii) Challenges: Delayed cases, heavy workloads and collecting proper evidence are some major challenges.

(iii) Responsibilities: They help people understand their legal rights and seek justice.

(iv) Job Satisfaction: Helping people get justice and solving their legal problems gives them satisfaction.

Conclusion: The interaction helped me understand the importance of the judicial system and the hard work of people who work to protect justice and people’s rights.