Judiciary

Introduction

The judiciary is the third organ of government, responsible for interpreting laws, resolving disputes, and protecting the rights of citizens. An independent judiciary is essential in a democracy — it acts as the guardian of the Constitution and a check on the legislature and executive. India has an integrated, independent, and powerful judiciary with the Supreme Court at its apex.

Structure of the Judiciary

1. 1.India has a three-tier judicial structure:
2. 2.Supreme Court at the top (national level)
3. 3.High Courts at the state level (one per state/group of states)
4. 4.District and Subordinate Courts at the district and lower levels

The Supreme Court of India

• Established under Article 124 of the Constitution.
• Sits in New Delhi.
• Consists of the Chief Justice of India (CJI) and up to 33 other judges (at present; Parliament can change this number by law).
• Judges are appointed by the President in consultation with the CJI and other judges.
• The Collegium system has evolved through judicial interpretation: the President is bound by the recommendation of the CJI and a collegium of senior judges.
• Judges hold office until the age of 65 years.
• They can be removed only by impeachment: by a special majority of both Houses of Parliament addressing the President.

Jurisdiction of the Supreme Court

• 1. Original Jurisdiction (Article 131)
• Resolves disputes between the Centre and one or more states, or between two or more states.
• These cases go directly to the Supreme Court without any other court being approached first.

• 2. Appellate Jurisdiction (Articles 132-136)
• Hears appeals against judgments of High Courts in constitutional, civil, and criminal matters.
• Article 136: Special Leave Petition (SLP) — the SC can grant special leave to appeal from any judgment of any court in India.

• 3. Advisory Jurisdiction (Article 143)
• The President can seek the Supreme Court's opinion on questions of law or fact of public importance.
• The opinion is not binding on the President.

• 4. Review Jurisdiction
• The Supreme Court can review its own judgments if it finds an error.

• 5. Power of Judicial Review
• The Supreme Court can declare any law passed by Parliament or state legislatures unconstitutional if it violates any provision of the Constitution.
• This is one of the most powerful tools to protect the Constitution.

High Courts

• Article 214: Every state shall have a High Court.
• High Courts have original, appellate, and supervisory jurisdiction over subordinate courts.
• Judges are appointed by the President in consultation with the CJI and the Governor of the state.
• High Courts can also issue writs under Article 226 (wider jurisdiction than Article 32 — can issue writs for enforcement of any legal right, not just Fundamental Rights).
• Retirement age: 62 years.

Independence of the Judiciary

• Independence of the judiciary is crucial for a fair legal system. It is ensured by:
• Security of tenure: Judges cannot be removed easily — only by a complex impeachment procedure.
• Charged expenditure: Salaries and allowances of judges are charged to the Consolidated Fund of India (not voted on by Parliament).
• Prohibition on practice: After retirement, judges of the Supreme Court cannot practice in any court in India (except the Supreme Court — though convention restricts even this).
• Separation from executive: Judges are not under executive control; they are appointed through a collegium system.
• Contempt power: Courts can punish those who interfere with or obstruct the course of justice.

Public Interest Litigation (PIL)

• PIL has been a revolutionary development in Indian jurisprudence. Traditionally, only the aggrieved party could file a petition. PIL allows:
• Any citizen to approach the Supreme Court or High Court on behalf of those whose rights are violated but who cannot approach the court themselves.
• Courts to take action on matters in the public interest even based on letters or postcards.
• PILs have addressed issues like environment, bonded labour, custodial deaths, and prisoners' rights.

Judicial Activism and Judicial Overreach

• Judicial Activism: When courts proactively interpret law and fill gaps left by legislation, sometimes taking the initiative to protect rights.
• Judicial Overreach: When courts are perceived to exceed their mandate and encroach on the domain of the legislature or executive. This is a point of debate in Indian constitutional discourse.