⚖️ The Judiciary – Class 11 Political Science Notes

🌟 Introduction: The Guardian of the Constitution

The Judiciary is the third and most crucial organ of the government, alongside the Legislature and the Executive.
While the Legislature makes laws and the Executive implements them, the Judiciary interprets, protects, and upholds these laws.

In a democratic system like India, the Judiciary acts as the guardian of the Constitution and the protector of citizens’ rights.
It ensures that the rule of law prevails and that no individual or institution acts above the law.

The Indian Judiciary derives its authority from the Constitution of India and works independently to deliver justice, protect fundamental rights, and maintain balance among the organs of government.

🏛️ Need for an Independent Judiciary

An independent judiciary is the cornerstone of democracy.
For justice to be fair, the judges must be free from external pressures — whether from the government, political parties, or powerful individuals.

✳️ Why Independence is Essential:

1. To Uphold the Rule of Law:
   Independence ensures that all individuals, including government authorities, are subject to the same laws.
2. To Protect Fundamental Rights:
   The Judiciary safeguards citizens’ rights against arbitrary actions by the State.
3. To Maintain Separation of Powers:
   An independent judiciary prevents misuse of power by the Executive or Legislature.
4. To Ensure Impartial Justice:
   Judges must decide cases based on evidence and law, not on fear or influence.
5. To Preserve Public Confidence:
   When people believe in the impartiality of the courts, they have faith in democracy.

⚖️ Constitutional Provisions Ensuring Judicial Independence:

• Security of Tenure: Judges cannot be removed easily.
• Fixed Service Conditions: Salaries and allowances cannot be reduced.
• Separation from Executive: The judiciary functions independently from the government.
• Power of Judicial Review: Courts can strike down unconstitutional laws.
• Freedom to Appoint Judges: Appointments are made through a consultative process, not political interference.

Thus, judicial independence is not a privilege but a necessity for justice and democracy.

👨‍⚖️ Appointment and Removal of Judges

A. Appointment of Judges

1. Appointment of the Chief Justice of India (CJI)

• The President of India appoints the CJI.
• By convention, the senior-most judge of the Supreme Court is appointed as the CJI.

2. Appointment of Other Supreme Court Judges

• Appointed by the President, after consultation with the CJI and other senior judges as deemed necessary.

3. Appointment of High Court Judges

• The President appoints High Court judges in consultation with:
  • The Chief Justice of India
  • The Governor of the State
  • The Chief Justice of the concerned High Court

⚖️ The Collegium System

• Introduced through judicial interpretation of the Constitution.
• The Collegium, consisting of the CJI and four senior-most Supreme Court judges, recommends names for judicial appointments and transfers.
• This system ensures autonomy and prevents executive dominance.

B. Removal of Judges (Impeachment)

Judges hold office until the age of 65 years (Supreme Court) or 62 years (High Courts).
They can only be removed on grounds of proved misbehavior or incapacity.

Procedure of Removal:

1. A motion for removal is introduced in either House of Parliament.
2. It must be signed by at least 100 Lok Sabha or 50 Rajya Sabha members.
3. If admitted, a committee of inquiry investigates the charges.
4. If the committee finds the judge guilty, each House must pass the motion with a two-thirds majority.
5. Finally, the President issues an order for removal.

👉 This complex process ensures judicial security and independence from political retaliation.

🏗️ Structure of the Indian Judiciary

The Indian Judiciary is unitary in structure but federal in jurisdiction — meaning there is one integrated judicial system for the whole country.

🏛️ Three-Tier Structure:

1. The Supreme Court of India (Top Level)
   • Apex Court and the guardian of the Constitution.
   • Located in New Delhi.
   • Decisions are binding on all courts in India.
2. High Courts (State Level)
   • One in each State or group of States.
   • Exercise jurisdiction over State matters.
3. Subordinate Courts (District Level)
   • District and Session Courts at the district level.
   • Civil and criminal courts at the lower levels.
   • Deal with the bulk of day-to-day legal cases.

⚖️ Features of the Judicial System:

• Single Integrated System: Laws and procedures are uniform throughout the country.
• Hierarchy of Courts: Ensures clear appellate mechanisms.
• Binding Authority of Supreme Court: Its decisions are final and binding.
• Judicial Review Power: Enables courts to declare laws unconstitutional.

🏛️ Jurisdiction of the Supreme Court of India

The Supreme Court is the apex judicial authority in India.
It has wide-ranging powers defined by the Constitution under Articles 131 to 137.

1. Original Jurisdiction (Article 131)

The Supreme Court has exclusive authority to hear disputes:

• Between the Government of India and one or more States.
• Between two or more States.
• Between the Union and citizens in certain cases.

Example: Water disputes between states like Karnataka and Tamil Nadu.

2. Appellate Jurisdiction (Articles 132–136)

The Supreme Court is the final court of appeal for all civil, criminal, and constitutional cases.

It can hear appeals:

• From High Courts in both civil and criminal matters.
• From tribunals and special courts.
• In cases involving substantial questions of law or constitutional interpretation.

3. Advisory Jurisdiction (Article 143)

• The President of India can seek the Supreme Court’s advice on any question of law or fact of public importance.
• The Court’s advice is not binding but holds great moral and legal significance.

Example: The President sought advice on the Ayodhya dispute and Berubari Union case.

4. Writ Jurisdiction (Article 32)

• Called the “Heart and Soul of the Constitution” (Dr. B.R. Ambedkar).
• The Supreme Court can issue writs for the enforcement of Fundamental Rights.

Types of Writs:

1. Habeas Corpus – “Produce the body” (to release a person unlawfully detained).
2. Mandamus – Command to perform a duty.
3. Prohibition – Order to stop proceedings in a lower court.
4. Certiorari – To transfer a case to a higher court for review.
5. Quo Warranto – To question the authority of a person holding public office.

Thus, the Supreme Court serves as the protector and enforcer of Fundamental Rights.

⚖️ Judicial Review

The power of judicial review allows the courts to examine the validity of laws and executive actions in light of the Constitution.

If any law or order violates the Fundamental Rights or the basic structure of the Constitution, the courts can declare it null and void.

🧭 Landmark Cases of Judicial Review:

1. Kesavananda Bharati vs. State of Kerala (1973):
   Established the Basic Structure Doctrine — Parliament cannot destroy the basic framework of the Constitution.
2. Indira Gandhi vs. Raj Narain (1975):
   The court struck down unconstitutional amendments during the Emergency.
3. Minerva Mills vs. Union of India (1980):
   Reaffirmed that judicial review is part of the basic structure.

Judicial Review ensures that no branch of government exceeds its authority.

⚖️ Judicial Activism: The Dynamic Role of Judiciary

🌿 Meaning:

Judicial Activism refers to the proactive role played by the Judiciary in interpreting laws to expand the scope of justice and rights.

Instead of remaining a silent observer, the courts actively intervene in matters of public concern to ensure fairness and protect citizens.

✳️ Origins:

• Grew out of Public Interest Litigations (PILs) in the late 1970s and 1980s.
• Enabled ordinary citizens or groups to approach the courts directly for justice.

⚖️ Examples of Judicial Activism:

• Vishaka vs. State of Rajasthan (1997): Guidelines for protection against sexual harassment at workplaces.
• MC Mehta Cases: Pollution control and environmental protection.
• Right to Privacy (2017): Recognized as a Fundamental Right.

🧩 Impact on Democracy:

• Strengthened human rights and social justice.
• Ensured accountability of the Executive.
• Encouraged transparency and ethical governance.

However, critics argue that excessive activism leads to judicial overreach, interfering with the functions of the Legislature and Executive.

🏛️ Judiciary and Parliament: A Relationship of Balance

The Judiciary and Parliament share a relationship of mutual respect and balance.
While Parliament makes laws, the Judiciary ensures that these laws conform to the Constitution.

⚖️ Areas of Cooperation and Conflict:

🧭 Balance of Power:

• Neither Parliament nor Judiciary is supreme.
• Both derive authority from the Constitution.
• Their relationship is guided by checks and balances, ensuring democracy’s smooth functioning.

⚖️ Conclusion: The Pillar of Justice and Democracy

The Judiciary stands as the protector of justice, liberty, and constitutional supremacy in India.
Its independence, integrity, and activism have made it the most trusted institution in the country.

By protecting fundamental rights, ensuring rule of law, and maintaining balance among state organs, the Judiciary truly serves as the guardian of the Constitution.

In a democracy as vast as India, a strong and independent Judiciary is not just desirable — it is indispensable for the survival of justice, equality, and freedom.