JUDICIARY

Introduction

• Judiciary is one of the three pillars of government, alongside the Legislature and Executive.
• It serves as the guardian of the Constitution, ensuring laws are implemented and rights are protected.
• Functions of the judiciary include:
  1. Interpreting laws: Deciding the meaning and scope of laws passed by Parliament and State Legislatures.
  2. Resolving disputes: Settling disputes between citizens, states, or between the Centre and states.
  3. Protecting Fundamental Rights: Safeguarding citizens against arbitrary actions of the state.
  4. Maintaining the rule of law: Ensuring no one, including government officials, is above the law.
• The judiciary plays a critical role in upholding democracy, ensuring justice, and checking abuse of power.

WHY DO WE NEED AN INDEPENDENT JUDICIARY?

• An independent judiciary is vital for a healthy democracy.
• Reasons:
  1. Safeguarding the Constitution: Protects the Constitution from legislative or executive encroachment.
  2. Protecting Fundamental Rights: Citizens can approach courts if rights are violated.
  3. Ensuring Justice and Fairness: Impartial courts deliver justice without political influence.
  4. Preventing Arbitrary Rule: Keeps the government accountable and prevents misuse of power.
  5. Maintaining Rule of Law: Ensures equality before law and curbs authoritarianism.
  6. Balancing Powers: Acts as a check between Legislature and Executive.
  7. Resolving Conflicts: Provides mechanism to resolve disputes between Centre and states or individuals.

INDEPENDENCE OF JUDICIARY

• Independence of the judiciary means judges can function without influence from the executive or legislature.
• Features:
  1. Security of Tenure: Judges cannot be removed arbitrarily.
  2. Financial Independence: Salaries and pensions of judges are charged on the Consolidated Fund of India, not dependent on annual government grants.
  3. Administrative Independence: Judges have control over court administration, case allocation, and judicial procedure.
  4. Freedom in Decision-Making: Decisions are based on law and facts, not on political pressure.
• Constitutional provisions supporting independence:
  • Article 50: Separation of Judiciary from Executive.
  • Articles 124–147: Provisions for Supreme Court.
  • Articles 214–231: Provisions for High Courts.

APPOINTMENT OF JUDGES

• Supreme Court Judges:
  • Appointed by the President of India.
  • Recommendation by Collegium system (Chief Justice of India + senior judges of SC).
  • Article 124(2): Qualifications – Judge must be a citizen, 5 years as High Court Judge or 10 years as an advocate, or distinguished jurist.
• High Court Judges:
  • Appointed by President in consultation with Chief Justice of India and Governor of the state.
  • Article 217: Qualification – 10 years as advocate or High Court Judge.
• Lower Court Judges:
  • Appointed by Governor or State Public Service Commissions.
  • Selection based on experience, merit, and examination.
• Principles of Appointment:
  1. Merit and competence.
  2. Experience in judicial or legal practice.
  3. Representation of diversity and regions.

REMOVAL OF JUDGES

• Judges are not easily removable to maintain independence.
• Supreme Court and High Court Judges:
  • Removed by President after Parliamentary impeachment process.
  • Grounds: Proven misbehavior or incapacity.
  • Procedure:
    1. Motion in Parliament with 100 members of Lok Sabha or 50 of Rajya Sabha support.
    2. Investigation by committee.
    3. Two-thirds majority in both Houses.
  • Example: Very few judges have ever been removed.
• Lower Court Judges: Can be removed or transferred by the state government under certain conditions.

STRUCTURE OF THE JUDICIARY

• India has a hierarchical judicial system with Supreme Court at the top, High Courts at state level, and subordinate courts at district and lower levels.
• Supreme Court of India:
  • Established under Article 124.
  • Apex court, final court of appeal.
  • Headed by Chief Justice of India.
  • Jurisdiction: Original, appellate, advisory, and writ.
• High Courts:
  • Present in states and union territories.
  • Headed by Chief Justice of High Court.
  • Jurisdiction: Original and appellate, civil and criminal cases, administrative matters.
• Subordinate Courts:
  • District Courts, Session Courts, and lower judiciary.
  • Handle civil and criminal cases at local level.
  • Supervised by High Court.

ADVISORY JURISDICTION

• Article 143: President can seek opinion of Supreme Court on legal or constitutional questions.
• Features:
  1. Court gives advice but not binding.
  2. Ensures clarity in constitutional interpretation.
  3. Used during disputes or doubts regarding law or policy.
• Examples: Advisory opinions on Presidential reference, constitutional questions, and interpretation of laws.

JUDICIARY AND RIGHTS

• Judiciary is the guardian of Fundamental Rights under Part III of the Constitution.
• Key roles:
  1. Enforcing Rights: Citizens can approach courts under Article 32 (Supreme Court) and Article 226 (High Courts).
  2. Judicial Review: Power to strike down laws violating Constitution (Articles 13, 32).
  3. Protecting Minorities and Vulnerable Groups: Ensures equality and justice.
  4. Public Interest Litigation (PIL): Courts allow citizens or NGOs to raise issues of public importance.
  5. Judicial Activism: Courts proactively interpret laws to protect rights and strengthen democracy.
• Examples: Right to privacy, environmental rights, and gender equality.

JUDICIARY AND PARLIAMENT

• Parliament and judiciary have a separation of powers, but they interact.
• Checks and Balances:
  1. Judicial Review: Judiciary can declare parliamentary laws unconstitutional.
  2. Advisory Jurisdiction: President seeks Supreme Court opinion on legal matters.
  3. Limitation on Power: Parliament can amend Constitution but judiciary reviews amendments against basic structure.
• Key principles:
  • Basic structure doctrine ensures judicial oversight on constitutional amendments.
  • Parliament makes laws, but courts interpret and ensure compliance with Constitution.
• Examples: Kesavananda Bharati case, striking down unconstitutional amendments, protecting fundamental rights.

CONCLUSION

• Judiciary is essential for a functional democracy; it ensures justice, equality, and rule of law.
• Independence and security of tenure maintain impartiality and fairness.
• By interpreting the Constitution, reviewing laws, and protecting rights, judiciary maintains balance between legislature and executive.
• It serves as a guardian of democracy, protector of citizens’ rights, and arbitrator of conflicts.
• A strong, independent judiciary ensures stability, accountability, and constitutional governance.