Learning Outcomes
- Understand the importance of judiciary in a democratic system.
- Recognize the concept of independent judiciary and how it is preserved in India.
- Comprehend the judicial structure, including the powers of the Supreme Court, High Courts, and subordinate courts.
- Grasp the role of judicial review and the impact of judicial activism on governance and rights.
- Identify the relationship between judiciary and other organs of government such as Parliament and the Executive.
Why Do We Need an Independent Judiciary?
In any society, disputes are inevitable. They arise between individuals, groups, and between individuals or groups and the government. An independent body is required to settle these disputes to uphold the rule of law, which guarantees equality before the law for all, irrespective of status, wealth, gender, or caste. The judiciary serves the purpose of protecting this rule of law, ensuring supremacy of law, safeguarding individual rights, settling disputes in accordance with the law, and maintaining democracy by preventing dictatorship.
Key Points:
- Independence of Judiciary means that the executive and legislature cannot interfere with the judiciary’s decisions or functioning, ensuring it operates without fear or favor.
- The judiciary’s independence does not mean it is unaccountable. It is accountable to the Constitution, democratic traditions, and the people.
Ensuring Independence of Judiciary
The Indian Constitution provides various provisions to ensure the independence of the judiciary. This independence is critical for delivering unbiased justice.
Mechanisms for Judicial Independence:
- Judges are appointed based on experience in law, not their political loyalties. The legislature has minimal involvement in the process to reduce political influence.
- Judges have fixed tenure until retirement, and removal is extremely difficult, ensuring their security of office.
- Judges’ salaries are not subject to the approval of the legislature, ensuring financial independence.
- Judges are immune from personal criticisms due to the power of contempt of court, protecting them from undue influence or public pressure.
- The conduct of judges cannot be discussed in Parliament unless it involves a removal proceeding, maintaining their impartiality.
Important Note:
The judiciary is not financially dependent on the executive or legislature, enhancing its ability to operate independently.
Appointment and Removal of Judges
The appointment of judges has been a subject of political controversy, as it influences how the Constitution is interpreted. The political philosophy of judges can impact the fate of legislations.
Processes of Appointment:
- The Chief Justice of India (CJI) is traditionally the senior-most judge of the Supreme Court, though this convention has been broken in the past.
- Other judges are appointed by the President, consulting with the CJI and senior judges.
- A collegium system is followed, where the CJI and four senior judges of the Supreme Court recommend names for appointments. This balances the power between the executive and judiciary.
Process of Removal:
- Judges can only be removed on grounds of proven misbehavior or incapacity.
- A removal motion must be passed by a special majority in both Houses of Parliament.
- Removal is rare due to the difficulty of obtaining consensus in Parliament.
Structure of Judiciary
India follows a single integrated judicial system. Unlike federal countries with separate state courts, India’s judicial system is structured as a pyramid, with the Supreme Court at the top, High Courts below it, and district and subordinate courts at the base.
Key Points of the Structure:
- Supreme Court: Decisions are binding on all other courts. It can transfer judges, move cases, and adjudicate disputes between states and the Union.
- High Courts: Can hear appeals from lower courts and issue writs for restoring Fundamental Rights.
- District Courts: Deal with criminal and civil cases and consider appeals from subordinate courts.
- Subordinate Courts: Handle cases at the district level.
Important Note:
The Supreme Court can transfer cases between High Courts, ensuring uniformity in judicial decisions across India.
Jurisdiction of the Supreme Court
The Supreme Court of India is powerful, but its functions are defined by the Constitution. It exercises original, appellate, and advisory jurisdictions.
Types of Jurisdiction:
- Original Jurisdiction: Handles disputes between states or between states and the Union. The Supreme Court directly addresses such federal disputes, acting as an umpire in India’s federal structure.
- Appellate Jurisdiction: The Supreme Court hears appeals against decisions of lower courts, particularly in civil, criminal, and constitutional cases.
- Advisory Jurisdiction: The President of India may seek advice from the Supreme Court on issues of public importance or matters involving Constitutional interpretation.
Writ Jurisdiction: The Supreme Court can issue writs to protect Fundamental Rights. Individuals can approach the Court directly if their rights are violated.
Important Note:
The Supreme Court has the power to review its own judgments and acts as the final interpreter of the Constitution.
Judicial Activism
Judicial activism refers to the proactive role played by the judiciary in protecting the rights of citizens and ensuring justice. The concept gained prominence with the rise of Public Interest Litigation (PIL), which allows the court to address issues of public concern even if the affected individuals do not personally approach the court.
Key Features of Judicial Activism:
- PIL allows citizens or organizations to file cases on behalf of others, particularly in cases involving the poor or disadvantaged.
- The judiciary has expanded the scope of rights through PIL, addressing issues like environmental protection, worker exploitation, and public health.
- Judicial activism has sometimes blurred the line between the judiciary, legislature, and executive, as courts intervene in administrative and policy matters.
Impact of Judicial Activism:
- It has democratized access to justice, allowing marginalized groups to approach the court.
- It has held the executive accountable for implementing laws and policies.
- The courts have played a role in making the electoral process more transparent by requiring candidates to disclose assets and criminal records.
Challenges:
- Judicial overreach occurs when the judiciary intervenes in matters that fall within the domain of the executive or legislature.
- It can lead to delays in the judicial process due to the increase in PILs and cases taken up suo motu (on its own initiative).
Judiciary and Rights
The judiciary is responsible for protecting Fundamental Rights. The Constitution provides two primary means by which the judiciary safeguards these rights:
- The judiciary can issue writs to restore rights (e.g., Habeas Corpus, Mandamus).
- It can declare laws unconstitutional if they violate Fundamental Rights or the federal structure.
Judicial Review:
The power of judicial review allows courts to examine the constitutionality of laws. If a law violates the Constitution, it can be struck down. This power, though not explicitly mentioned in the Constitution, is implied by the courts’ responsibility to uphold the Constitution.
Key Aspects of Judicial Review:
- It protects the rights of citizens by ensuring laws do not violate the Constitution.
- The review power also extends to laws passed by State Legislatures.
- Judicial review reinforces the judiciary’s role as the interpreter of the Constitution.
Judiciary and Parliament
The relationship between the judiciary and Parliament has been marked by occasional conflicts, particularly over the judiciary’s power of judicial review and the Parliament’s power to amend the Constitution.
Key Points of Conflict:
- The conflict began over the right to property, with the judiciary asserting that the Parliament could not abridge Fundamental Rights, even through constitutional amendments.
- In the Kesavananda Bharati case (1973), the Supreme Court ruled that Parliament could not alter the basic structure of the Constitution, thus limiting Parliament’s power to amend the Constitution.
- Judicial review has allowed the courts to prevent Parliament from infringing on Fundamental Rights or the federal distribution of powers.
Important Note:
While the judiciary interprets laws, the Parliament has the authority to make laws. The separation of powers ensures that each organ of government operates within its limits.
MCQ:
What is the primary role of the judiciary in a democracy?
A) To create laws
B) To implement laws
C) To interpret and protect the Constitution
Answer: C