The Judiciary

Judiciary (Class 8)

The Judiciary is one of the three important branches of government, alongside the Legislature and the Executive. It plays a vital role in upholding law and order, interpreting laws, and ensuring justice in society.

What Is The Role Of The Judiciary?

The primary role of the judiciary is to administer justice. This involves several key functions:

• Interpreting Laws: The judiciary interprets the laws enacted by the legislature and applies them to specific cases.
• Resolving Disputes: It acts as an arbiter in settling disputes between individuals, between individuals and the state, and between different states or the central government and state governments.
• Upholding the Constitution: The judiciary safeguards the Constitution and ensures that the laws and actions of the government are in conformity with it.
• Protecting Fundamental Rights: It protects the fundamental rights of citizens and provides a remedy when these rights are violated.
• Enforcing Law and Order: The judiciary ensures that laws are followed and brings to justice those who violate them.

What Is An Independent Judiciary?

An independent judiciary is a cornerstone of democracy. It means that the judiciary is free from the influence and control of other branches of government, such as the executive and the legislature, as well as from external pressures like political parties, powerful individuals, or public opinion.

Key aspects of an independent judiciary include:

• Separation of Powers: The judiciary operates as a distinct and co-equal branch of government.
• Impartiality: Judges must be able to make decisions impartially, based solely on the law and the facts of the case, without fear or favour.
• Security of Tenure: Judges should have a secure tenure, meaning they cannot be easily removed from office, which protects them from arbitrary dismissal.
• Adequate Remuneration: Judges should be paid adequately to ensure their financial independence.
• Freedom from Executive Control: The executive cannot interfere with the judicial process or dictate the outcomes of cases.
• Freedom from Legislative Interference: The legislature cannot pass laws that undermine the independence of the judiciary or influence its decisions.

In India, the Constitution has made provisions to ensure the independence of the judiciary, such as the process of appointing judges and their removal.

What Is The Structure Of Courts In India?

India has a hierarchical structure of courts, often referred to as a unified judicial system. This hierarchy ensures that justice is delivered at different levels and provides for appeals to higher courts.

The structure generally consists of:

• Supreme Court: The apex court of the country, located in New Delhi. It is the highest court of appeal and the guardian of the Constitution.
• High Courts: There is a High Court in each state or for a group of states. High Courts are the principal civil courts of original and appellate jurisdiction in the states.
• Subordinate Courts: These courts are below the High Courts. They are organized at the district level and below. This includes:
  • District Courts: Headed by a District Judge, these courts handle a large number of cases at the district level.
  • Magistrate Courts: Lower courts that handle criminal cases.
  • Civil Courts: Lower courts that handle civil cases.

This tiered structure allows for cases to be heard at the appropriate level and provides a mechanism for review by higher courts, ensuring a fair judicial process.

What Are The Different Branches Of The Legal System?

The legal system in India can be broadly divided into two main branches, based on the nature of the cases they handle:

Civil Law

Civil law deals with disputes between individuals or organizations, where one party seeks compensation or some other form of relief from another. Cases in civil law typically involve:

• Property disputes: Issues related to ownership, possession, or transfer of property.
• Contractual disputes: Breaches of agreements or contracts.
• Family disputes: Matters like divorce, child custody, adoption, and inheritance.
• Landlord-tenant disputes: Issues concerning rent, eviction, and tenancy agreements.
• Consumer complaints: Disputes related to defective goods or deficient services.

In civil cases, the affected party (the plaintiff) files a suit against the party they believe has wronged them (the defendant). The court can order remedies like monetary compensation (damages), injunctions (orders to do or not do something), or specific performance of a contract.

Criminal Law

Criminal law deals with acts that are considered harmful to society as a whole and are prohibited by law. These acts are called crimes or offences. The state, through its prosecuting agency, initiates action against the accused.

• Theft, robbery, burglary
• Murder, assault
• Drug trafficking
• Dowry harassment
• Domestic violence

In criminal cases, the primary aim is to punish the offender (through imprisonment, fines, or other penalties) and deter others from committing similar acts. The burden of proof lies with the prosecution, which must prove the guilt of the accused "beyond a reasonable doubt."

Does Everyone Have Access To The Courts?

Ideally, everyone should have access to the courts to seek justice. However, in reality, access can be limited by various factors:

• Cost: Legal proceedings can be expensive, involving court fees, lawyer's fees, and other expenses. This can be a significant barrier for poor individuals.
• Procedures: The legal system can have complex procedures and formalities that are difficult for ordinary citizens to navigate without legal assistance.
• Awareness: Many people, especially in rural or marginalized communities, may not be aware of their legal rights or how to approach the courts.
• Logistics: Distance to courts, lack of transportation, and time off work can also pose challenges.

Efforts to improve access to justice include:

• Legal Aid: Government-sponsored schemes provide free or subsidized legal services to the poor and vulnerable sections of society.
• Public Interest Litigation (PIL): This allows individuals or groups to bring matters of public importance or violation of rights before the higher courts, even if they are not directly affected.
• Lok Adalats: These are informal forums that aim to resolve disputes amicably and quickly, often through compromise.
• Mobile Courts: Courts that travel to remote areas to provide easier access to justice.

Despite these efforts, ensuring complete and equitable access to justice remains an ongoing challenge.

Judiciary (Class 11)

The Judiciary in India is an integral part of the system of governance, functioning as the interpreter of the Constitution and the protector of citizens' rights. It operates as an independent branch, distinct from the legislature and the executive, ensuring a balance of power and upholding the rule of law.

The judiciary plays a critical role in:

• Adjudicating disputes: Resolving conflicts between individuals, organizations, and the state.
• Interpreting laws: Clarifying the meaning and intent of statutes passed by the legislature.
• Upholding the Constitution: Ensuring that all actions of the government conform to the constitutional framework.
• Protecting fundamental rights: Safeguarding the rights and freedoms guaranteed to citizens by the Constitution.

Why Do We Need An Independent Judiciary? (Class 11)

The need for an independent judiciary stems from its crucial role in a democratic society:

• Upholding the Rule of Law: An independent judiciary ensures that everyone, including the government, is subject to and accountable under the law. It prevents arbitrary use of power.
• Protecting Fundamental Rights: Citizens' fundamental rights, enshrined in the Constitution, would be meaningless if the judiciary could be influenced by the executive or legislature. An independent judiciary acts as a guardian of these rights, providing remedies against their violation.
• Check and Balance: It serves as a vital check on the powers of the legislature and the executive, preventing them from overstepping their constitutional boundaries. This is part of the broader system of 'checks and balances' that safeguards democracy.
• Fair Dispute Resolution: For disputes to be resolved fairly, the adjudicating body must be impartial and free from external pressures. An independent judiciary ensures that justice is dispensed without fear or favour.
• Maintaining Public Confidence: The faith of the people in the justice system depends on its perceived impartiality and independence.

Appointment Of Judges

In India, the appointment of judges to the Supreme Court and High Courts is governed by a process designed to ensure independence and merit. While the President makes the appointments, the process involves consultation with various bodies.

Currently, the appointment of judges to the higher judiciary is based on the 'Judges' Cases' (1993 and 1998), which established the Collegium system.

• Supreme Court: The President appoints the Chief Justice of India (CJI) after consulting such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary. For other judges, the President appoints them after consultation with the CJI and other Judges of the Supreme Court as the President may deem necessary.
• High Courts: The President appoints the Chief Justice and other judges of a High Court after consulting the Governor of the concerned state, the Chief Justice of India, and the Governor of the concerned State, the Chief Justice of the High Court.

The Collegium, headed by the CJI and comprising four senior-most judges of the Supreme Court, recommends appointments to the Supreme Court and transfers/appointments of High Court Chief Justices and judges. For High Court judges, the Collegium of that High Court makes recommendations to the Supreme Court Collegium.

Removal Of Judges

Judges of the Supreme Court and High Courts hold office during their pleasure, but they can be removed through a process of impeachment for proved misbehaviour or incapacity. This process is designed to be rigorous and to protect judges from arbitrary removal.

Procedure for Removal:

1. A motion for removal must be supported by a special majority in both Houses of Parliament.
2. The motion is first introduced in either House of Parliament.
3. If admitted, a committee of three members (one Supreme Court judge, one Chief Justice of a High Court, and one eminent jurist) is formed to investigate the charges.
4. If the committee finds the judge guilty, the motion is taken up for voting in the House where it was initiated.
5. If the motion is passed by a special majority in that House, it is sent to the other House for similar consideration.
6. If the motion is passed by a special majority in both Houses, it is presented to the President, who then passes an order for the removal of the judge.

This rigorous process ensures that judges can perform their duties without fear of reprisal for their judgments.

Structure Of The Judiciary (Class 11)

India has a unified and hierarchical judicial system. The Supreme Court of India is at the apex, followed by the High Courts in the states, and then a system of subordinate courts at the district and lower levels.

Jurisdiction Of Supreme Court

The Supreme Court of India possesses vast powers and its jurisdiction can be broadly categorized into four main types:

Original Jurisdiction

The Supreme Court has original jurisdiction in certain matters, meaning it is the first court to hear these cases. These include:

• Disputes between the Union and one or more States.
• Disputes between the Union and any State or States on one side and one or more other States on the other side.
• Disputes between two or more States.

This jurisdiction does not extend to inter-state water disputes, matters referred to the advisory jurisdiction of the Court by the President, or commercial/contractual disputes between individuals or states.

Writ Jurisdiction

Under Article 32 of the Constitution, the Supreme Court has the power to issue directions, orders, or writs for the enforcement of Fundamental Rights. These writs include:

• Habeas Corpus: To produce a person who has been detained unlawfully.
• Mandamus: To command a public official to perform their duty.
• Prohibition: To prevent a lower court or tribunal from exceeding its jurisdiction.
• Certiorari: To quash an order made by a lower court or tribunal that has acted without or in excess of jurisdiction.
• Quo Warranto: To inquire into the legality of a person holding a public office.

This power is fundamental to the protection of citizens' fundamental rights.

Appellate Jurisdiction

The Supreme Court is the highest court of appeal in India. It hears appeals against judgments of the High Courts in civil, criminal, and constitutional matters. This jurisdiction is divided into three categories:

• Constitutional Appeals: Cases involving interpretation of the Constitution.
• Civil Appeals: Appeals in civil suits where the High Court certifies that the case involves a substantial question of law of general importance.
• Criminal Appeals: Appeals in criminal cases where the High Court has reversed an order of acquittal and sentenced the accused to death, or has withdrawn a case from a subordinate court and convicted the accused, or has certified that the case is a fit one for appeal.

Advisory Jurisdiction

Under Article 143, the President of India can seek the opinion of the Supreme Court on questions of law or fact that have arisen or are likely to arise and are of public importance. The Supreme Court may offer its opinion, but this opinion is not binding on the President.

The Supreme Court also has the power of review jurisdiction, meaning it can review its own judgments or orders.

Judicial Activism

Judicial activism refers to the willingness of the judiciary to go beyond its traditional role of adjudicating disputes and to actively participate in social and political reform. It involves the courts making bold pronouncements and giving directions to the government to address social problems and implement policies that they believe are in the public interest.

Key aspects and manifestations of judicial activism include:

• Public Interest Litigation (PIL): Judicial activism is often closely associated with the expansion of PIL, which allows any citizen or organization to bring matters of public concern before the courts.
• Issuing Directives: Courts may issue directives to government bodies and agencies to take specific actions to address issues like environmental pollution, consumer protection, or the rights of the marginalized.
• Interpreting Laws Broadly: Judges may interpret constitutional provisions and laws in a progressive and dynamic manner to meet contemporary social needs.
• Holding Government Accountable: Activist judges may scrutinize government actions more closely and hold them accountable for failing to fulfill their constitutional or legal obligations.

Examples of Judicial Activism in India:

• Directions for protecting the environment (e.g., banning certain industries in the Taj Trapezium Zone).
• Mandates for improving public services and infrastructure.
• Interventions in matters of governance and administration to ensure accountability.

While judicial activism can be a powerful tool for social justice and good governance, it also raises concerns about the separation of powers and whether the judiciary is overstepping its role into the domain of the executive and legislature.

Judiciary And Rights

The judiciary plays a pivotal role in the protection and enforcement of citizens' rights, particularly their fundamental rights guaranteed by the Constitution of India.

Guardian of Fundamental Rights:

The Supreme Court, under Article 32, and the High Courts, under Article 226, have the power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto). These writs are powerful legal instruments used to:

• Prevent illegal detention (Habeas Corpus).
• Compel authorities to perform their duties (Mandamus).
• Prevent excess of jurisdiction (Prohibition and Certiorari).
• Inquire into the legality of holding a public office (Quo Warranto).

This ensures that if any government authority or even a private individual violates a citizen's fundamental rights, the affected person can approach the courts for redressal.

Public Interest Litigation (PIL):

PIL has been a significant development in empowering the judiciary to protect rights, especially for those who cannot approach the courts themselves due to poverty, illiteracy, or other disadvantages. Through PIL, courts have intervened in various matters to:

• Ensure the right to a clean environment.
• Protect the rights of prisoners, bonded labourers, and children.
• Improve prison conditions and legal aid services.
• Ensure accountability of public officials.

Interpretation of Rights:

The judiciary continuously interprets the scope and meaning of fundamental rights. For instance, the right to life and personal liberty (Article 21) has been interpreted by the Supreme Court to include a wide range of rights, such as the right to clean air, right to health, right to education, right to privacy, etc.

Enforcement of Directive Principles of State Policy (DPSPs):

While DPSPs are not directly enforceable by courts, the judiciary often uses them as a guiding principle when interpreting fundamental rights. The courts have emphasized that fundamental rights and DPSPs are complementary and that legislation aimed at implementing DPSPs should be upheld.

In essence, the judiciary acts as the ultimate arbiter and protector of rights, ensuring that the government and society respect the constitutional guarantees of its citizens.

Judiciary And Parliament

The relationship between the Judiciary and Parliament in India is characterized by the principle of 'checks and balances', where each institution has powers that can limit the other, ensuring that no single branch becomes too dominant.

Parliament's Powers over the Judiciary:

• Making Laws: Parliament can enact laws that define the jurisdiction and procedures of the courts, including the Supreme Court and High Courts (subject to constitutional limitations).
• Constitutional Amendments: Parliament can amend the Constitution, which can affect the powers and jurisdiction of the judiciary. For instance, Parliament can create new High Courts or alter the scope of judicial review.
• Impeachment of Judges: As discussed earlier, Parliament has the power to impeach and remove judges of the higher judiciary for proved misbehaviour or incapacity.
• Creation of Tribunals: Parliament can establish administrative and other tribunals to deal with specific disputes, which can relieve the burden on regular courts.

Judiciary's Powers over Parliament:

• Judicial Review: This is the most significant power. The judiciary can review any law passed by Parliament, or any executive action, to determine if it is consistent with the Constitution. If a law or action is found to be unconstitutional, the judiciary can declare it void. This power is derived from Articles 13, 32, and 226 of the Constitution.
• Interpretation of the Constitution: The judiciary has the final say in interpreting the Constitution. Its interpretations can shape the understanding and application of constitutional provisions, including those related to the powers of Parliament.
• Review of Parliamentary Privileges: While Parliament has certain privileges, these are subject to judicial review to ensure they do not conflict with fundamental rights.

The Kesavananda Bharati Case (1973):

A landmark judgment in Indian constitutional law, the Kesavananda Bharati Sripadagalvaru and Others v. State of Kerala (1973)** case, established the doctrine of the 'Basic Structure' of the Constitution. The Supreme Court held that while Parliament has the power to amend the Constitution, it cannot alter or destroy its basic structure or essential features. This effectively placed a limitation on Parliament's amending power, safeguarding the core principles of the Constitution, many of which are upheld by the judiciary.