📚 CHAPTER 4 | NCERT Solutions | Class 8
⚖️ The Role of the Judiciary in Our Society
Governance and Democracy | Grade 8 Part 2
This chapter explores India's judicial system — its structure from district courts to the Supreme Court, the principle of judicial independence, Public Interest Litigation (PIL), and the growing use of technology and alternative dispute resolution.
1
Write a model letter to the High Court or Supreme Court about a current social issue to bring it to the notice of the judiciary.
✅ Answer — Sample PIL Letter
To
The Honourable Chief Justice
The Supreme Court of India
Tilak Marg, New Delhi – 110001
Date: _____________
Subject: Public Interest Litigation regarding child labour in unorganised sectors — Urgent relief and enforcement sought
Respected Sir/Madam,
I, [Name], a Class 8 student and citizen of India, humbly approach this Honourable Court under Article 32 of the Constitution of India to bring to its notice the continued practice of child labour in brick kilns, rag-picking operations, and small roadside shops across India, in violation of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 and the Right to Education Act, 2009.
The facts of the matter are as follows: Despite existing legislation, children under the age of 14 continue to be employed in hazardous occupations. These children are denied their constitutional right to free and compulsory education (Article 21A) and are exposed to serious physical and psychological harm. Many come from impoverished families who depend on their labour for survival, making economic support essential alongside legal enforcement.
I respectfully pray that this Honourable Court may be pleased to:
1. Issue directions to all State governments to conduct surveys of child labour and file compliance reports.
2. Direct the establishment of bridge schools and rehabilitation programmes for freed child labourers.
3. Ensure monetary support for families of rescued children so economic pressure does not force them back to labour.
I believe this Court's intervention is urgently needed to protect the rights and futures of millions of children.
Respectfully submitted,
[Name]
[Address]
[Contact Details]
The Honourable Chief Justice
The Supreme Court of India
Tilak Marg, New Delhi – 110001
Date: _____________
Subject: Public Interest Litigation regarding child labour in unorganised sectors — Urgent relief and enforcement sought
Respected Sir/Madam,
I, [Name], a Class 8 student and citizen of India, humbly approach this Honourable Court under Article 32 of the Constitution of India to bring to its notice the continued practice of child labour in brick kilns, rag-picking operations, and small roadside shops across India, in violation of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 and the Right to Education Act, 2009.
The facts of the matter are as follows: Despite existing legislation, children under the age of 14 continue to be employed in hazardous occupations. These children are denied their constitutional right to free and compulsory education (Article 21A) and are exposed to serious physical and psychological harm. Many come from impoverished families who depend on their labour for survival, making economic support essential alongside legal enforcement.
I respectfully pray that this Honourable Court may be pleased to:
1. Issue directions to all State governments to conduct surveys of child labour and file compliance reports.
2. Direct the establishment of bridge schools and rehabilitation programmes for freed child labourers.
3. Ensure monetary support for families of rescued children so economic pressure does not force them back to labour.
I believe this Court's intervention is urgently needed to protect the rights and futures of millions of children.
Respectfully submitted,
[Name]
[Address]
[Contact Details]
2
What innovative solutions could the legislature or executive devise to address the large number of cases in the judicial system?
✅ Answer
India's judiciary faces a backlog of over 50 million pending cases. Here are innovative solutions:
- Mandatory Alternative Dispute Resolution (ADR): For civil disputes under a certain value (e.g., ₹10 lakh), require parties to first attempt mediation or Lok Adalat before approaching courts. This can resolve many disputes faster and at lower cost.
- Fast-track courts for specific case types: Designate dedicated courts for common categories — traffic violations, minor property disputes, cheque bounce cases — with simplified procedures.
- Increase judicial appointments: India has only about 21 judges per million people (far below the 50 per million recommended by the Law Commission). Filling all vacant judicial posts is an immediate priority.
- Night courts and weekend courts: Several states have experimented with courts that sit in the evenings or on weekends to clear backlogs.
- AI-assisted case management: Use technology to automatically schedule hearings, identify related cases, suggest bail decisions for simple cases, and flag long-pending matters.
- Village-level Gram Nyayalayas: Fully operationalise the Gram Nyayalayas Act (2008) to handle minor cases at village level, reducing the load on district courts.
- Simplified pleadings: Reduce excessive procedural requirements that allow cases to drag on for years through adjournments and technicalities.
3a
Moot Court Case I — Anita vs Factory (Equal Pay for Equal Work)
✅ Moot Court Answer
⚖️ MOOT COURT — CASE I
Facts: Anita and Sameer, both ITI diploma-holders, were hired by a factory at the same time for identical jobs. Anita later discovered she was paid less than Sameer for the same work. Despite multiple appeals to her employer, her salary was not equalised.
Anita's legal arguments (Plaintiff):
- This violates the Equal Remuneration Act, 1976, which prohibits discrimination in wages on the basis of sex for the same or similar work.
- It violates Article 14 (Right to Equality) and Article 15 (prohibition of discrimination on grounds of sex) of the Constitution.
- It also violates Article 39(d) (Directive Principle): equal pay for equal work for men and women.
- Both employees have identical qualifications and perform identical duties — there is no legitimate basis for the pay differential.
- Sameer may have been offered a higher salary due to negotiations at the time of hiring.
- Different pay scales may reflect internal HR policies unrelated to gender.
Broader significance: This case underscores that gender wage gaps are not merely social problems but legal violations — every employee has the right to demand equal pay for equal work.
3b
Moot Court Case II — Village Residents vs Polluting Factory
✅ Moot Court Answer
⚖️ MOOT COURT — CASE II
Facts: Residents of a village discovered their river water had turned brownish and foul-smelling due to industrial effluents discharged by an upstream factory. Many villagers fell ill.
Steps the residents should take:
- Document evidence: Photograph the pollution, collect water samples for laboratory testing, compile medical records of those who fell ill.
- Complaint to Pollution Control Board: File a formal written complaint with the State Pollution Control Board, which has authority to inspect factories and levy fines under the Water (Prevention and Control of Pollution) Act, 1974.
- FIR at local police station: The factory's actions constitute causing harm to public health — a criminal complaint can be filed.
- File a PIL: If authorities are unresponsive, file a Public Interest Litigation before the High Court, which can order an immediate injunction (stop order) on the factory's effluent discharge.
- Right to clean water and environment has been interpreted as part of Article 21 (Right to Life) by the Supreme Court.
- The Environment Protection Act, 1986 and the Water (Prevention and Control of Pollution) Act, 1974 provide for criminal prosecution of polluters.
- The "Polluter Pays Principle" (recognised in Indian environmental law) means the factory must bear the cost of clean-up and compensation.
4
Write an essay about an eminent judge from your state — their contributions as a Supreme Court or High Court judge.
✅ Answer — Sample Essay
Justice P.N. Bhagwati — Father of Public Interest Litigation in India
Justice Prafullachandra Natwarlal Bhagwati (1921–2017) served as the 17th Chief Justice of India and is widely regarded as one of the most transformative judges in Indian legal history. His greatest contribution was the development and popularisation of Public Interest Litigation (PIL), which fundamentally democratised access to India's courts.
Before Justice Bhagwati's innovations, only a party directly affected by a wrong could approach the court. Justice Bhagwati changed this by allowing any public-spirited citizen to file a petition on behalf of those too poor, illiterate, or powerless to do so themselves — sometimes even accepting postcards and letters from prisoners as petitions. This opened the Supreme Court's doors to the voiceless millions.
Under his leadership, the Court took suo motu (self-initiated) action on issues including bonded labour, the condition of undertrial prisoners, child labour, and environmental pollution. His judgements expanded the interpretation of Article 21 (Right to Life) to include rights to livelihood, health, education, and a clean environment — rights that were not explicitly written in the Constitution but were implied by the right to live with dignity.
Justice Bhagwati's legacy is felt every time a PIL is filed in an Indian court — which happens hundreds of times a year, making India's judiciary one of the most accessible in the world for ordinary citizens.
Justice Prafullachandra Natwarlal Bhagwati (1921–2017) served as the 17th Chief Justice of India and is widely regarded as one of the most transformative judges in Indian legal history. His greatest contribution was the development and popularisation of Public Interest Litigation (PIL), which fundamentally democratised access to India's courts.
Before Justice Bhagwati's innovations, only a party directly affected by a wrong could approach the court. Justice Bhagwati changed this by allowing any public-spirited citizen to file a petition on behalf of those too poor, illiterate, or powerless to do so themselves — sometimes even accepting postcards and letters from prisoners as petitions. This opened the Supreme Court's doors to the voiceless millions.
Under his leadership, the Court took suo motu (self-initiated) action on issues including bonded labour, the condition of undertrial prisoners, child labour, and environmental pollution. His judgements expanded the interpretation of Article 21 (Right to Life) to include rights to livelihood, health, education, and a clean environment — rights that were not explicitly written in the Constitution but were implied by the right to live with dignity.
Justice Bhagwati's legacy is felt every time a PIL is filed in an Indian court — which happens hundreds of times a year, making India's judiciary one of the most accessible in the world for ordinary citizens.