Chapter: Judiciary

• Introduction & Meaning

  • What is the Judiciary?
    • An organ of government that interprets laws, settles disputes, and ensures justice.
  • Why do we need an Independent Judiciary?
    • Protection of Fundamental Rights
    • Resolution of disputes according to the rule of law
    • Prevention of tyranny of majority

• Role of the Constitution in Ensuring Independence

  • Appointment of Judges
    • Role of the Executive and Judiciary
    • Emergence of the Collegium System
  • Security of Tenure
    • Fixed terms
    • Difficult removal process via Impeachment
  • Financial Independence
    • Salaries charged on the Consolidated Fund of India (not subject to vote)
  • Immunity from Criticism
    • Parliament cannot discuss the conduct of judges except during impeachment

• Structure of the Indian Judiciary (Integrated Judiciary)

  • Supreme Court of India (Apex Court, New Delhi)
    • Highest court of appeal
    • Binds all courts in India
  • High Courts (State Level)
    • Head of the state judiciary
    • Supervisory control over subordinate courts
  • Subordinate Courts (District & Local Level)
    • District courts, Sessions courts, and lower tribunals

• Jurisdiction of the Supreme Court

  • Original Jurisdiction
    • Disputes between the Centre and States, or between States
  • Writ Jurisdiction
    • Issue writs (Habeas Corpus, Mandamus, Certiorari, Quo-Warranto) for protecting Fundamental Rights
  • Appellate Jurisdiction
    • Appeals in constitutional, civil, and criminal cases
  • Advisory Jurisdiction
    • Giving legal advice to the President of India on public matters

• Judicial Activism & PIL

  • Public Interest Litigation (PIL)
    • Relaxation of locus standi (anyone can approach court on behalf of the needy)
    • Democratization of justice
  • Judicial Activism
    • Role of courts in forcing executive accountability
    • Tool to protect human rights and environment
  • Criticism/Debate
    • Blurring lines between legislature and judiciary (Judicial Overreach)
    • Burdening courts with non-urgent issues

• Judicial Review

  • Definition
    • Power to invalidate laws that violate the Basic Structure or Constitution
  • Safeguard against legislative excess
  • Protects the supremacy of the Constitution of India