Chapter 4: The Role of the Judiciary in Our Society (Political Science)

The courts accept letters about serious public issues as Public Interest Litigation (PIL). A sample letter:

To
The Hon'ble Chief Justice,
High Court of ______

Subject: Request to take notice of children working in roadside eateries and workshops in our town

Respected Sir/Madam,
I am a student of Grade 8 at ______ School, ______. I wish to bring to your kind notice that many children aged 10 to 14 are working long hours in dhabas, tea stalls and repair workshops along the main road of our town, instead of going to school. They wash utensils and handle hot stoves and tools, often late into the night.
This violates their right to free and compulsory education (Article 21A) and their protection against child labour under the Constitution (Article 24) and the law. Their health and future are at risk.
I humbly request the Hon'ble Court to direct the district administration and the labour department to survey the area, rescue these children, enrol them in school with support for their families, and take action against employers who break the law.
I am attaching photographs and a list of the places I have seen.

Yours faithfully,
(Name), Grade 8, (School and address), (Date)

(Other issues could be: dumping of garbage in a lake, unsafe school buildings, lack of ramps for people with disabilities, or air pollution near schools.)

Address the Chief Justice, state the issue and facts clearly, mention the rights affected, request specific action, and attach evidence; the courts treat such letters as PIL (a sample on child labour is given).

Over five crore cases are pending in Indian courts. Ideas:

• Appoint more judges and fill vacancies quickly. Build more courtrooms and support staff.
• Use technology: e-filing, online hearings, digital case records, and AI tools to sort and schedule cases and translate documents. Send automatic reminders to prevent adjournments.
• Settle disputes outside court: strengthen Lok Adalats, mediation and arbitration for family, property and money disputes.
• Special and fast-track courts for particular kinds of cases, such as cheque bounce or traffic offences.
• Limit adjournments and set time limits for each stage of a case.
• Draft clear laws: clearer laws, and government departments avoiding unnecessary appeals (the government is the biggest litigant), would reduce cases.
• Spread legal awareness, so that people resolve small disputes early, for example through gram nyayalayas and village panchayats.

More judges and courts, technology (e-courts, online hearings, AI scheduling), Lok Adalats and mediation, fast-track courts, limits on adjournments, clearer laws and fewer government appeals.

(i) Anita v. the factory (equal pay):

• Anita's side: she has the same ITI diploma, joined on the same day and does the same work, yet is paid less only because she is a woman. This is discrimination.
• Employer's side: the employer might claim differences in output, hours or duties.

What the judge considers:

• Is the work really the same? Are the qualifications and experience equal? Is there any reason for the difference other than gender?
• The right to equality (Articles 14 and 15), the principle of equal pay for equal work (Article 39(d)), and the Code on Wages, 2019, which bans gender discrimination in pay.

Likely outcome: if the work is the same, the court orders equal pay with arrears (back pay), and perhaps a penalty on the employer.

(ii) The villagers v. the factory (river pollution):

Steps the residents can take:

• Collect evidence: water samples tested by a laboratory, medical records and photographs.
• Complain to the State Pollution Control Board, the district collector and the panchayat.
• If nothing happens, go to the National Green Tribunal or the High Court, through a PIL.

What the judge considers:

• the right to life, which the courts say includes clean water and a healthy environment (Article 21);
• the "polluter pays" principle, and the precautionary principle;
• the factory's permits, and the cost and time needed to treat effluents;
• the livelihoods of the factory workers.

Likely outcome:

• an order to stop discharging untreated effluent and to install a treatment plant;
• compensation to the villagers and payment for cleaning the river;
• possibly closure of the factory until it complies.

(i) The judge checks whether the work and qualifications are equal; by Articles 14 and 15, equal pay for equal work and the wage law, Anita should get equal pay with arrears. (ii) The villagers gather evidence, complain to the pollution board and authorities, then approach the NGT or High Court; under Article 21 and "polluter pays", the court can order treatment, a clean-up and compensation.

Choose a judge from your own state. A sample essay: Justice Anna Chandy (Kerala).

Anna Chandy (1905–1996) was born in Travancore, in present-day Kerala. In 1926 she became the first woman in her state to earn a law degree. She practised as a barrister, at a time when very few women entered courts, and argued boldly for women's rights.

In 1937 she was appointed a munsif (a junior judge) in Travancore, becoming the first woman judge in India. In 1959 she became a judge of the Kerala High Court, the first woman High Court judge in India. As a judge she was known for being fair and firm, and she continued to speak for women's equality, including in pay and employment.

Her life inspired generations of women to enter law and the judiciary. Today there are women judges in every High Court and in the Supreme Court, a path she helped to open.

(Other examples: Justice Fathima Beevi (Kerala), the first woman judge of the Supreme Court; Justice V.R. Krishna Iyer (Kerala), a pioneer of PIL and prisoners' rights; Justice P.N. Bhagwati (Gujarat), who made justice accessible to the poor; Justice H.R. Khanna (Punjab), who stood firm for personal liberty during the Emergency.)

Choose a judge from your state; describe their background, key positions and landmark contributions (e.g. Anna Chandy, India's first woman judge and first woman High Court judge, from Kerala).

Suggested questions:

1. What is your role, and what does a typical day look like?
2. What training and education did you need?
3. What kinds of cases or tasks do you handle most often?
4. What are the biggest challenges: too many cases, delays, lack of resources, pressure?
5. How has technology (e-courts, online hearings) changed your work?
6. What gives you the most satisfaction?
7. What should ordinary citizens know about their rights and the courts?
8. What advice would you give a student who wants to work in law?

Presentation outline: an introduction to the person and their role; their daily work; challenges; satisfactions; what you learnt about how the justice system works; and suggestions to improve it.

Prepare questions on their role, training, daily work, challenges, technology and satisfaction; then present what you learnt about the justice system and possible improvements.