Law, justice and the judiciary

The Preamble to our Constitution promises every Indian citizen social, economic and political justice. The judiciary (the courts) is the part of government that makes that promise real.

Why does justice matter? Because it lets every person live with equality and dignity, and it keeps peace and harmony in society.

The judiciary is one of the three pillars of government. It is independent of the legislature (which makes laws) and the executive (which runs the government). Being independent is what lets it decide fairly.

It has two main jobs:

• it settles disputes between people or groups;
• it checks that laws made by the legislature stay within the Constitution, and that the executive does not overstep its powers.

Now, how are law and justice connected? As societies grew bigger and more complicated, people gave the job of fair treatment to the government. Government runs society through laws, and can make people obey them, by force if needed.

A law is a general rule about what people may and may not do. Breaking it has consequences, such as:

• a fine;
• paying compensation to the person harmed;
• sometimes prison.

But a law is only as good as what it says. Being a law does not make a rule fair.

After Independence, hundreds of laws from colonial times were found to be unfair and against democracy. Over 1,500 of them have been repealed (cancelled).

Two examples:

• The Criminal Tribes Act, 1871 labelled whole communities as criminals from birth.
• The Vernacular Press Act, 1878 limited the freedom of the press.

Both were the law. Neither was just.