All You Need to Know About Indian

Judiciary- NCERT Notes UPSC

Jul 25, 2022

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Need of an Independent Judiciary

Independence of Judiciary
Protection of the Independence of Judiciary
Appointment of Judges
Removal of Judges
Structure of Judiciary
Jurisdiction of Supreme Court
Original Jurisdiction
Writ Jurisdiction
Appellate Jurisdiction
Advisory Jurisdiction
Other Powers
Judicial Activism
Impact of Judicial Activism on the Political System:
Judiciary and Rights
Judicial Review
Judiciary and Parliament
Tussle between the Parliament and the Judiciary
Issues Remaining as a Bone of Contention between
the two
I

Many times, courts are seen only as arbitrators in disputes between individuals or private parties. But
the judiciary performs some political functions also.

Judiciary is an important organ of the government. The Supreme Court of India is one of the most
powerful courts in the world. Right from 1950, the judiciary has played an important role in
interpreting and protectingthe Constitution of India.

Need of an Independent Judiciary

• To protect the rule of law and ensure the supremacy of law.
• To safeguard the rights of the individual, settle disputes in accordance with the law and ensure that democracy does not give way to individual or
group dictatorship.

Independence of Judiciary
It means that:

• The other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is
unable to do justice.
• The other organs of the government should not interfere with the decision of the judiciary.
• Judges must be able to perform their functionswithout fear or favour.

Independence of the judiciary does not imply arbitrariness or absence of accountability. Judiciary is a part of the democratic political structure of the
country. It is therefore accountable to:

• The Constitution.
• The democratic traditions.
• The people of the country.

Protection of the Independence of Judiciary

The Indian Constitution has ensured the independence of the judiciary through several measures:

• No involvement of the legislature in the process of appointment of judges:

o To be appointed as a judge: A person must have experience as a lawyer and/or must be well versed in the law.
o Political opinions of the person or his/ her political loyalty should not be the criteria for appointments to the judiciary.
• Security of Tenure:
o The judges have a fixed tenure and hold office till reaching the age of retirement.
o Only in exceptional cases judges may be removed.
o It ensures that judges could function without fear or favour.
o The Constitution prescribes a very difficult procedure for the removal of judges.
• Not financially dependent on either the executive or legislature:
o 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.
• Protection against unfair criticism: The judiciary has the power to penalise those who are found guilty of contempt of court.
• Power to adjudicate without fear of being criticized: Parliament cannot discuss the conduct of the judges except when the proceeding to
remove a judge is being carried out.
Appointment of Judges
• Appointment of the Chief Justice of India (CJI):
o Over the years, a convention had developed whereby the senior-most judge of the Supreme Court was appointed as the Chief
Justice of India.
o This convention was, however broken twice:
▪ In 1973 A. N. Ray was appointed as CJI, superseding three senior Judges.
▪ In 1975 Justice M.H. Beg was appointed superseding Justice H.R. Khanna.
• Other Judges of the Supreme Court and the High Court
o Appointed by the President after ‘consulting’ the CJI: It meant that the final decisions in matters of appointment rested with the
Council of Ministers.
• Status of the Consultation with the Chief Justice in Appointments:
o It came up before the Supreme Court again and again between 1982 and 1998.
o Initially, the court felt that the role of the Chief Justice was purely consultative.
o Then it took the view that the opinion of the Chief Justice must be followed by the President.
o Finally, the Supreme Court has come up with a novel procedure:
▪ It has suggested that the Chief Justice should recommend names of persons to be appointed
in consultation with four senior-most judges of the Court.
▪ The Supreme Court has established the principle of collegiality in making recommendations for appointments.
▪ At the moment, therefore, in matters of appointment, the decision of the group of senior judges of the Supreme Court
carries greater weight.

Removal of Judges
• Grounds of removal: Proven misbehaviour or Incapacity.
• A motion containing the charges against the judge must be approved by a special majority in both Houses of Parliament.
• Balance of power: The Executive plays a crucial role in making appointments, whereas the legislature has the power of removal.

Structure of Judiciary
The Constitution of India provides for:

• Single integrated judicial system: India does not have separate State courts like some other federal countries of the world.
• It is pyramidal, with the Supreme Court at the top, High Courts below them and district and subordinate courts at the lowest level.
• The lower courts function under the direct superintendence of the higher courts.

Structure of Judiciary

Jurisdiction of Supreme Court

• The Supreme Court of India functions within the limitations imposed by the Constitution.
• The functions and responsibilities of the Supreme Court are defined by the Constitution.
• The Supreme Court has specific jurisdiction or scope of powers.

Jurisdiction of Supreme Court

Original Jurisdiction
• It means cases that can be directly considered by the Supreme Court without going to the lower courts before that.
• It is called original jurisdiction because the Supreme Court alone has the power to deal with such cases. Neither the High Courts nor the
lower courts can deal with such cases.
• In this capacity, the Supreme Court not just settles disputes but also interprets the powers of Union and State government as laid down
in the Constitution.
• It establishes Supreme Court as an umpire in all disputes regarding federal matters.
• In any federal country, legal disputes are bound to arise:
o Between the Union and the States and
o Among the States themselves.
Writ Jurisdiction
• Any individual whose fundamental right has been violated can directly move the Supreme Court for a remedy. The Supreme Court can give
special orders in the form of writs.
• The High Courts can also issue writs, but the persons whose rights are violated have the choice of either approaching the High Court or
approaching the Supreme Court directly.
• Through writs, the Court can give orders to the executive to act or not to act in a particular way.

Appellate Jurisdiction
• Supreme Court is the Highest Court of Appeal:
o A person can appeal to the Supreme Court against the decisions of the High Court.
o High Court must certify that the case is fit for appeal and it involves a serious matter of interpretation of law or Constitution.
• In Criminal Cases
o If the lower court has sentenced a person to death, then an appeal can be made to the High Court or Supreme Court.
o The Supreme Court holds the power to decide whether to admit appeals even when an appeal is not allowed by the High
Court.
o If the Court thinks that the law or the Constitution has a different meaning from what the lower courts understood, then the
Supreme Court will change the ruling and, along with that, also give a new interpretation of the provision involved.
• The High Courts, too, have appellate jurisdictionover the decisions given by courts below them.

Advisory Jurisdiction
• Advisory Jurisdiction: The President of India can refer any matter that is of public importance or that involves interpretation of the
Constitution to Supreme Court for advice.
• The Supreme Court is not bound to give advice on such matters, and the President is not bound to accept such advice.
• Utility of the advisory powers of the Supreme Court:
o Prevent unnecessary litigation: It allows the government to seek legal opinion on a matter of importance before acting on it. The
government can make suitable changes in its action or legislation as per advice.

Other Powers
• Unified nature of Judiciary: Decisions made by the Supreme Court are binding on all other courts within the territory of India. Orders passed
by it are enforceable throughout the country.
• The Supreme Court itself is not bound by its decisionand can at any time review it.
• In case of contempt of the Supreme Court, the Supreme Court itself decides such a case.