Chapter 5: Judiciary and Understanding Marginalisation
न्यायपालिका एवं हाशियाकरण (एकीकृत न्यायिक व्यवस्था, जनहित याचिका/PIL, अनुच्छेद 21, सच्चर समिति एवं अत्याचार निवारण अधिनियम 1989)
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- Role of Judiciary in India: Dispute Resolution, Judicial Review (power to strike down unconstitutional parliamentary or state laws that violate the Basic Structure), Upholding Fundamental Rights and enforcing the Constitution.
- Integrated Judicial System (एकीकृत न्यायिक व्यवस्था): India possesses a unified single pyramid structure: Decisions made by higher courts are strictly BINDING on lower courts. (Supreme Court at apex in New Delhi, headed by Chief Justice of India $\rightarrow$ High Courts at state level $\rightarrow$ Subordinate / District Courts at district level).
- Appellate System (अपीलीय प्रणाली): A citizen can appeal to a higher court if they believe the judgment delivered by a lower court is unjust.
- Public Interest Litigation (PIL / जनहित याचिका):
- - Devised by the Supreme Court of India in early 1980s under CJI P.N. Bhagwati and Justice V.R. Krishna Iyer to ensure access to justice for impoverished and marginalized citizens.
- - Any individual or organization can file a PIL in the High Court or Supreme Court on behalf of victims whose fundamental rights are violated, even through a simple letter or telegram.
- - Landmark PIL outcomes: Release of bonded laborers from inhumane conditions; enforcement of Mid-Day Meal scheme across government schools (PUCL vs Union of India, interpreting Article 21 Right to Life to encompass Right to Food).
- Understanding Marginalisation:
- - Adivasis (Original Inhabitants / आदि-वासी): Indigenous tribal communities; live in close association with forests; historically displaced for timber, mining, iron ore, and hydroelectric dams.
- - Sachar Committee Report (2005): Appointed by Government of India under Justice Rajindar Sachar; empirically examined the socio-economic and educational condition of Muslim community in India; revealed that on several socio-economic indicators (literacy, access to piped water, electricity, bank credit, government jobs), Muslims were on par with or marginally below SCs and STs.
- - Legal Safeguards: Article 15 (prohibits discrimination on grounds of religion, race, caste, sex, or place of birth); Article 17 (Untouchability abolished); Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (punishes acts of caste-based humiliation, violence, and dispossession of land).
- Trap: Who can file a Public Interest Litigation (PIL)? Correct: ANY citizen or NGO on behalf of victims; the person filing does NOT need to be personally affected.
- Trap: The Mid-Day Meal scheme was mandated nationwide by the Supreme Court under which Fundamental Right? Correct: ARTICLE 21 (Right to Life, which includes Right to Food).
- Trap: Which committee empirically documented the socio-economic status of Indian Muslims in 2005? Correct: JUSTICE SACHAR COMMITTEE.
NCERT Core Facts: Judicial Structure, PIL Mechanism & Constitutional Safeguards
Judicial independence, PIL jurisprudence, and minority protection indices in CTET:
1. The Pyramid of Integrated Judiciary
[ SUPREME COURT OF INDIA ] ── Apex Court (Decisions binding on all courts)
│
[ HIGH COURTS (State Level) ] ── Highest appellate court in each state
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[ SUBORDINATE / DISTRICT COURTS ] ── Trial courts for civil/criminal disputes- Appellate System: If a person convicted in a District Sessions Court feels the verdict is erroneous, they possess the statutory right to appeal before the High Court, and ultimately the Supreme Court.
2. High-Yield Social Justice Instruments
- Public Interest Litigation (PIL): Established in early 1980s. Drastically relaxed Locus Standi, democratizing justice for bonded laborers, prisoners, and impoverished children.
- Article 21 & Right to Food: In PUCL v. Union of India, the Supreme Court held that the Right to Life guaranteed under Article 21 is meaningless without nutrition; ordered all state governments to provide cooked Mid-Day Meals in primary schools.
- Sachar Committee (2005): Chaired by Justice Rajindar Sachar, this government commission documented systemic educational and economic marginalization among Indian Muslims.
Test Your Mastery: Judiciary and Understanding Marginalisation
Authentic CBSE exam questions tested directly from this NCERT chapter.
Under which Fundamental Right did the Supreme Court of India declare the 'Right to Food' as an integral component, directing state governments to provide cooked mid-day meals in all primary schools?
भारत के सर्वोच्च न्यायालय ने किस मौलिक अधिकार के तहत 'भोजन के अधिकार' को एक अभिन्न अंग घोषित किया, और राज्य सरकारों को सभी प्राथमिक विद्यालयों में पका हुआ मध्याह्न भोजन (Mid-Day Meal) उपलब्ध कराने का निर्देश दिया?
Which high-level committee was appointed by the Government of India in 2005 to examine the socio-economic and educational status of the Muslim community in India?
भारत में मुस्लिम समुदाय की सामाजिक-आर्थिक और शैक्षणिक स्थिति की जांच के लिए 2005 में भारत सरकार द्वारा किस उच्च स्तरीय समिति की नियुक्ति की गई थी?
Under which Fundamental Right did the Supreme Court of India interpret the Right to Food to mandate the Mid-Day Meal scheme?
Under Article 21 of the Constitution (Right to Life), ruling that the right to live with dignity fundamentally encompasses adequate food and nutrition.
What was the landmark breakthrough achieved by the introduction of Public Interest Litigation (PIL)?
PIL eliminated the rigid barrier of locus standi, allowing any public-spirited individual or organization to seek justice on behalf of poor or disadvantaged citizens who cannot access courts.