The Judiciary
Why Do We Need An Independent Judiciary?
The principal role of the judiciary is to protect rule of law and ensure the supremacy of law. It
safeguards the rights of the individual, settle disputes by the law and ensures that democracy
does not give way to individual or group dictatorship.
To be able to do all this, the judiciary must be independent of any political pressures.
Independence of Judiciary
● Judiciary is independent of the other two organs of the state. i.e Legislature and
Executive.
● The independence of the judiciary does not imply arbitrariness or absence of
accountability.
● The other organs of the government should not interfere with the decision of the
judiciary.
● Judges must be able to perform their functions without fear or favour.
● Judiciary is a part of the democratic political structure of the country.
● It is therefore accountable to the Constitution, to the democratic traditions and the
People of the country.
How can the independence of the judiciary be provided and protected?
The Indian Constitution has ensured the independence of the judiciary through several
measures:
● The legislature is not involved in the process of appointment of judges.
● To be appointed as a judge, a person must have experience as a lawyer and/or must
be well versed in the law.
● The judges have a fixed tenure. They hold office till reaching the age of retirement.
● In exceptional cases, judges may be removed.
● Security of tenure ensures that judges could function without fear or favour.
The Constitution prescribes a very difficult procedure for the removal of judges. The Constitution
makers believed that a difficult procedure of removal would provide security of office to the
members of the judiciary.
The judiciary is not financially dependent on either the executive or legislature.
The Constitution provides that the salaries and allowances of the judges are not subjected to
the approval of the legislature.
The actions and decisions of the judges are immune from personal criticisms.
Powers of the Judiciary
The judiciary has the power to penalise those who are found guilty of contempt of court. This
authority of the court is seen as effective protection to the judges from unfair criticism.
Parliament cannot discuss the conduct of the judges except when the proceeding to remove a
judge is being carried out. This gives the judiciary independence to adjudicate without fear of
being criticised.
Supreme Court of India
The Supreme Court came into being on 28th January 1950. It is the apex court of justice in India
it consists of 1 Chief Justice and 30 other Judges. Its decisions are binding on all courts. It
can transfer Judges of High Courts also Can move cases from any court to itself.
The Supreme Court can transfer cases from one High Court to another.
Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence,
jurisdiction, powers and procedures of the Supreme Court.
What is the Organizational Structure of the Supreme Court?
The Supreme Court consists of thirty-one judges at present (one chief justice and thirty other
judges). Supreme Court (Number of Judges) Bill of 2019 has added four judges to strength. It
increased the judicial strength from 31 to 34, including the CJI. Originally, the strength of the
Supreme Court was fixed at eight (one chief justice and seven other judges).
The Parliament is authorised to regulate them.
What is the procedure of appointment of judges?
● The judges of the Supreme Court are appointed by the President.
● The CJI is appointed by the President after consultation with such judges of the
Supreme Court and high courts as he deems necessary.
● The other judges are appointed by the President after consultation with the CJI and
such other judges of the Supreme Court and the high courts as he deems necessary.
● The consultation with the chief justice is obligatory in the case of the appointment of a
judge other than the Chief justice.
● Appointment of Chief Justice From 1950 to 1973: the practice has been to appoint the
senior-most judge of the Supreme Court as the chief justice of India.
● This established convention was violated in 1973 when A N Ray was appointed as the
Chief Justice of India by superseding three senior judges.
● In 1977, M U Beg was appointed as the chief justice of India by superseding the then
senior-most judge.
This discretion of the government was curtailed by the Supreme Court in the Second Judges
Case (1993), in which the Supreme Court ruled that the senior-most judge of the Supreme
Court should alone be appointed to the office of the Chief Justice of India.
High Court
● The Constitution Provides a high court for every state but even two or more states have
a common court is provided by the parliament.
● The high court hears appeals from lower courts.
● May issue writs for restoring Fundamental Rights and can deal with cases within the
jurisdiction of the State.
● The high court exercises superintendence and control over courts below it.
● At present, there are 24 courts in India. Meghalaya, Manipur and Tripura are the new
High Courts.
● The high court Consist of a chief justice and several other judges appointed by the
president of India.
District Court
● The appointment posting and promotion of the district judges are done by the orders of
the Governor of the state with the consultation of the High Court.
● This court deals with cases arising in the District. It Considers appeals on decisions
given by lower courts. Decides cases involving serious criminal offences.
Subordinate Courts
● Consider cases of civil and criminal nature Jurisdiction of Supreme Court.
How a Judge can be removed from their Judicial Position?
A judge of the Supreme Court can be removed from his office by an order of the President.
The President can issue the removal order only after an address by Parliament has been
presented to him in the same session for such removal.
The address must be supported by a special majority of each House of Parliament (ie, a
majority of the total membership of that house and a majority of not less than two-thirds of the
members of that House present and voting).
The grounds of removal are two proved misbehaviour or incapacity.
The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of
the Supreme Court by the process of impeachment: No judge of the Supreme Court has been
impeached so far.
Impeachment motions of Justice V Ramaswami (1991–1993) and Justice Dipak Misra (2017-
18) were defeated in the Parliament.
What is the various jurisdiction of the Supreme Court?
The jurisdiction of the Supreme Court may be categorised as:
● Original: Settles disputes between Union and States and amongst States.
● Appellate: Tries appeals from lower courts in Civil, Criminal and Constitutional cases.
● Advisory: Advises the President on matters of public importance and law
● Writ: Can issue writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo
warranto to protect the Fundamental Rights of the individual.
● Special Powers: Grant special leave to an appeal from any judgement or matter
passed by any court in the territory of India.
Gurugram, Haryana
Tel: +0124-4362211
Mobile : +919910161012
Email : [email protected]
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