Judiciary Notes

This chapter explains:

• Need for independent judiciary
• Appointment and removal of judges
• Structure of Indian judiciary
• Jurisdiction of Supreme Court
• Judicial activism
• Public Interest Litigation (PIL)
• Judicial review
• Judiciary and rights
• Judiciary and Parliament

The chapter highlights how judiciary protects Constitution and Fundamental Rights.

Meaning of Judiciary

Judiciary:

• Settles disputes
• Interprets laws
• Protects Constitution
• Safeguards rights

It acts according to:

• Rule of law

Meaning of Rule of Law

Rule of law means:

• Everyone is equal before law
• Same law applies to all
• No individual is above law

This prevents:

• Dictatorship
• Arbitrary rule

Need for Independent Judiciary

Independent judiciary is necessary because:

1. Disputes must be settled fairly
2. Rights need protection
3. Government powers must be limited
4. Constitution must be protected
5. Democracy must survive

Meaning of Independence of Judiciary

Independence of judiciary means:

• Executive cannot interfere
• Legislature cannot influence decisions
• Judges work without fear or favour

Independence Does Not Mean

• Judiciary is not arbitrary
• Judiciary is not above Constitution
• Judiciary is accountable to democratic principles

1. Appointment Process

Legislature does not directly appoint judges.

Judges appointed based on:

• Legal experience
• Knowledge of law

Political loyalty should not matter.

2. Security of Tenure

• Judges have fixed tenure
• Serve till retirement age
• Removal is difficult

This ensures fearless functioning.

3. Difficult Removal Procedure

Judges removed only on:

• Proven misbehaviour
• Incapacity

Requires:

• Special majority in Parliament

4. Financial Security

• Judges’ salaries charged on Consolidated Fund
• Not dependent on legislature’s approval

5. Protection from Criticism

• Conduct of judges cannot normally be discussed in Parliament
• Judiciary can punish for contempt of court

Appointment of Chief Justice of India

Convention:

• Senior-most Supreme Court judge becomes CJI

Convention broken in:

• 1973
• 1975

Appointment of Other Judges

Judges appointed by:

• President

After consultation with:

• Chief Justice of India

Collegium System

Supreme Court developed:

• Collegium system

CJI consults:

• Four senior-most judges

Removal of Judges

Grounds for Removal

1. Proven misbehaviour
2. Incapacity

Removal Procedure

1. Motion introduced in Parliament
2. Special majority required in both Houses
3. President removes judge

Justice V. Ramaswami Case

• First impeachment motion in 1991
• Judge not removed because motion failed to get required majority

Single Integrated Judicial System

India has:

• Unified judiciary

Unlike some federal countries:

• No separate state judiciary

Pyramid Structure of Judiciary

1. Supreme Court

Highest court of India.

2. High Courts

Operate at state level.

3. District Courts

Function at district level.

4. Subordinate Courts

Lowest courts handling civil and criminal cases.

Powers of Supreme Court

• Highest appellate court
• Can transfer judges
• Can transfer cases
• Decisions binding on all courts

Meaning of Jurisdiction

Jurisdiction means:

• Area of authority of a court

Types of Jurisdiction

Original Jurisdiction

Supreme Court directly hears disputes:

• Between Union and States
• Between States

Writ Jurisdiction

Citizens can directly approach Supreme Court if:

• Fundamental Rights violated

Court issues writs:

1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo Warranto

Appellate Jurisdiction

• Hears civil appeals
• Hears criminal appeals
• Hears constitutional appeals

It is:

• Highest court of appeal

Advisory Jurisdiction

President may seek advice from Supreme Court on:

• Public importance
• Constitutional matters

Advice is not binding.

Articles Related to Judiciary

Article 137

• Supreme Court can review its own judgments

Article 144

• All authorities must act in aid of Supreme Court

Meaning of Judicial Activism

Judiciary actively:

• Protects rights
• Intervenes in public issues
• Expands justice

Public Interest Litigation (PIL)

PIL allows:

• Public-spirited citizens
• NGOs
• Social organisations

to approach courts on behalf of others.

Origin of PIL

• PIL developed around 1979
• Courts accepted petitions filed by others on behalf of victims

Early PIL Cases

1. Hussainara Khatoon Case

Concerned undertrial prisoners in Bihar.

2. Sunil Batra Case

Concerned torture of prisoners.

Importance of PIL

1. Expanded rights
2. Helped poor people
3. Protected environment
4. Increased executive accountability
5. Improved electoral transparency

Negative Side of Judicial Activism

1. Increased burden on courts
2. Judiciary entered executive domain
3. Disturbed balance among organs

Two Methods of Protecting Rights

1. Writs

Courts restore rights through writs.

2. Judicial Review

Courts declare unconstitutional laws invalid.

Judicial Review

Judicial review means:

• Supreme Court examines constitutionality of laws

If law violates Constitution:

• Court declares it unconstitutional

Why Judicial Review Exists

Because:

• India has written Constitution
• Fundamental Rights protected
• Federal distribution of powers exists

Judicial Review Covers

1. Parliamentary laws
2. State laws
3. Constitutional interpretation
4. Federal disputes

Importance of Judicial Review

• Protects Constitution
• Protects rights
• Prevents misuse of power

Areas of Conflict

Major conflicts involved:

1. Right to property
2. Parliament’s amendment powers
3. Fundamental Rights
4. Judicial review

Right to Property Dispute

Parliament wanted:

• Land reforms
• Restrictions on property rights

Court initially resisted restrictions.

Kesavananda Bharati Case (1973)

Most important constitutional case.

Basic Structure Doctrine

Basic structure includes:

• Core principles of Constitution

Parliament cannot destroy these principles.

Court decides:

• What forms basic structure

Continuing Tensions

• Parliamentary privileges
• Judicial intervention
• Legislative sovereignty

Important Topic	Pages
Independent Judiciary	125–129
Appointment of Judges	127–128
Removal of Judges	128–129
Structure of Judiciary	130–131
Jurisdiction of Supreme Court	131–134
Judicial Activism	134–138
Judicial Review	138–140
Judiciary and Parliament	140–143

Very Short Answer Questions

1. What is judicial review?
2. Define PIL.
3. What is original jurisdiction?
4. What is advisory jurisdiction?
5. What is judicial activism?

Short Answer Questions

1. Explain independence of judiciary.
2. Explain writ jurisdiction.
3. Discuss judicial review.
4. Explain PIL and its significance.
5. Explain appointment of judges.

Long Answer Questions

1. Explain powers and jurisdiction of Supreme Court.
2. Discuss judicial activism and PIL.
3. Explain relationship between judiciary and Parliament.
4. Discuss judicial review and protection of rights.
5. Explain structure of Indian judiciary.

1. Which is the highest court in India?

Supreme Court.

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2. What is PIL?

Public Interest Litigation.

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3. Who appoints Supreme Court judges?

President of India.

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4. What is judicial review?

Power to examine constitutionality of laws.

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5. What is the basic structure doctrine?

Parliament cannot destroy core features of Constitution.

• Judiciary:
  • Protects Constitution
  • Protects rights
  • Settles disputes
• Independent judiciary means:
  • No interference from executive or legislature
• Safeguards of independence:
  • Security of tenure
  • Difficult removal
  • Financial security
  • Collegium system
• Structure:
  • Supreme Court
  • High Courts
  • District Courts
  • Subordinate Courts
• Jurisdictions:
  • Original
  • Appellate
  • Advisory
  • Writ
• PIL:
  • Helps poor and disadvantaged
  • Promotes public interest
• Judicial review:
  • Declares unconstitutional laws invalid
• Kesavananda Bharati Case:
  • Introduced Basic Structure Doctrine
• Judiciary and Parliament:
  • Balance of powers essential