Quick Revision Notes

Class: 11 Political Science

Chapter: Judiciary ( न्यायपालिका )

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### Concept 1: Meaning and Importance of Judiciary (न्यायपालिका का अर्थ और महत्व)

• What is Judiciary? The judiciary is the third organ of the government (alongside the legislature and executive) responsible for interpreting laws, settling disputes, and ensuring justice.
• Why do we need an Independent Judiciary?
  • To resolve disputes between citizens, between citizens and the government, between two or more state governments, and between the center and the states.
  • To protect the Fundamental Rights of citizens.
  • To uphold the Constitution and ensure the rule of law.

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### Concept 2: Structure of the Indian Judiciary (भारतीय न्यायपालिका की संरचना)

India has a single, integrated judicial system, meaning the Supreme Court controls the entire judicial machinery of the country.

1. Supreme Court of India (सर्वोच्च न्यायालय):
   • Located in New Delhi.
   • Highest court of appeal; decisions are binding on all courts in India.
2. High Courts (उच्च न्यायालय):
   • Head of the state-level judiciary.
3. Subordinate / District Courts (अधीनस्थ / जिला न्यायालय):
   • Deal with civil and criminal cases at the grass-root/district level.

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### Concept 3: Independence of Judiciary (न्यायपालिका की स्वतंत्रता)

An independent judiciary means other organs of the government (Legislature and Executive) cannot interfere in its functioning or decisions.

• Key Provisions ensuring Independence in the Indian Constitution:
  • Security of Tenure: Judges cannot be easily removed once appointed until retirement (age 65 for Supreme Court, 62 for High Courts).
  • Appointment Process: Judges are appointed through the Collegium System (consultation among senior judges), reducing direct executive interference.
  • Financial Autonomy: Salaries and allowances of judges are charged upon the Consolidated Fund of India and cannot be voted upon by Parliament.
  • No Discussion on Conduct: The conduct of judges cannot be discussed in Parliament or State Legislatures, except during impeachment.
  • Power to Punish for Contempt: The judiciary has the power to punish anyone who shows disrespect to its authority or orders.

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### Concept 4: Appointment, Removal, and Qualifications of Judges (न्यायाधीशों की नियुक्ति और removal)

• Appointment of Supreme Court/High Court Judges:
  • Appointed by the President of India.
  • The President acts on the advice of the Prime Minister, who consults the Chief Justice of India (CJI) and the Collegium.
• Removal of Judges (Impeachment / महाभियोग):
  • A judge can be removed only on grounds of "proved misbehavior or incapacity".
  • Requires a special majority in both Houses of Parliament (2/3rd members present and voting, and a majority of the total strength of the House).

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### Concept 5: Jurisdiction of the Supreme Court (सर्वोच्च न्यायालय का क्षेत्राधिकार)

The Supreme Court has vast powers, divided into four main categories:

1. Original Jurisdiction (प्रारंभिक क्षेत्राधिकार):
   • Cases that can be heard directly by the Supreme Court for the first time.
   • Disputes between the Central Government and one or more State Governments, or between two or more State Governments.
2. Writ Jurisdiction (रिट क्षेत्राधिकार):
   • Under Article 32, the Supreme Court can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto) for the enforcement of Fundamental Rights.
3. Appellate Jurisdiction (अपीलीय क्षेत्राधिकार):
   • The Supreme Court is the highest court of appeal. It hears appeals against the judgements of High Courts in constitutional, civil, and criminal cases.
4. Advisory Jurisdiction (सलाहकार क्षेत्राधिकार):
   • Under Article 143, the President can seek the advice of the Supreme Court on any question of law or fact of public importance. (The advice is not binding on the President).

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### Concept 6: Judicial Activism and PIL (न्यायिक सक्रियता और जनहित याचिका)

• Judicial Activism (न्यायिक सक्रियता):
  • When the judiciary steps beyond its traditional role of dispute resolution to actively protect human rights and enforce social justice (often triggered by the inaction of the executive/legislature).
• Public Interest Litigation - PIL (जनहित याचिका):
  • Introduced in the early 1980s.
  • Any public-spirited citizen or group can approach the court on behalf of those whose rights are being violated, even if they are not directly affected.
  • Significance: Made justice accessible to the poor and marginalized.

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### Concept 7: Judicial Review (न्यायिक पुनरावलोकन)

• Definition: The power of the Supreme Court and High Courts to examine any law passed by the legislature or any order of the executive to determine whether it is consistent with the Constitution.
• If a law violates the Constitution, the judiciary can declare it null and void (असंवैधानिक घोषित करना).
• It acts as a crucial check on the power of the Parliament and Executive.

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### Key Terms to Remember (मुख्य शब्दावली)

• Judiciary (न्यायपालिका): The system of courts that interprets and applies the law.
• Collegium System (कॉलेजियम प्रणाली): System by which judges are appointed by judges.
• Contempt of Court (न्यायालय की अवमानना): Disobedience or disrespect towards a court's authority.
• PIL (जनहित याचिका): Lawsuit filed in a court for public interest.
• Rule of Law (कानून का शासन): No person is above the law; law applies equally to all.