17.1 Why Do We Need an Independent Judiciary?
In any democracy, disputes will arise. Someone may be wrongly accused of a crime. A law may violate a citizen's fundamental rights. The government may overstep its authority. Who resolves these issues? The judiciary — the system of courts.
'An independent judiciary is the bedrock of democracy. It ensures that the government cannot act arbitrarily, that citizens' rights are protected, and that justice is delivered without fear or favour.'
Functions of the Judiciary
| Function | Description |
|---|---|
| Dispute resolution | Settles disputes between individuals, between individuals and the state, between states, and between centre and states |
| Judicial review | Can declare laws or executive actions unconstitutional |
| Protection of rights | Enforces Fundamental Rights (Article 32 and 226) |
| Interpretation of laws | Clarifies the meaning of laws when there is ambiguity |
| Guardian of the Constitution | Ensures all laws comply with the Constitution |
17.2 The Structure of Indian Judiciary
India has a single integrated judicial system — one set of courts applying the same laws, headed by the Supreme Court.
Hierarchy
SUPREME COURT OF INDIA
(New Delhi — Apex Court)
|
HIGH COURTS
(One per state / group of states)
|
DISTRICT COURTS
(One per district — Sessions Court)
|
SUBORDINATE COURTS
(Munsif, Civil Judge, Magistrate)
Supreme Court
| Feature | Detail |
|---|---|
| Location | New Delhi |
| Head | Chief Justice of India (CJI) |
| Strength | 1 CJI + 33 other judges (total 34) |
| Appointment | By the President in consultation with the CJI and collegium |
| Retirement age | 65 years |
| Jurisdiction | Original, Appellate, Advisory, Review, Writ |
High Courts
| Feature | Detail |
|---|---|
| Number | 25 High Courts (as of now) |
| Head | Chief Justice |
| Retirement age | 62 years |
| AP High Court | Located in Amaravati (established 2014 after bifurcation; earlier Andhra Pradesh was under the common High Court at Hyderabad) |
| Jurisdiction | Original and Appellate jurisdiction over the state |
District Courts
- At the district level, the District and Sessions Judge is the highest judicial authority.
- Handles both civil (District Judge) and criminal (Sessions Judge) cases.
- Appeals from district courts go to the High Court.
Subordinate Courts
- Lower courts at the tehsil/taluk and municipal levels.
- Handle minor civil and criminal cases.
- Types: Munsif Courts (civil), Magistrate Courts (criminal).
17.3 The Independence of Judiciary
What Does Independence Mean?
Judicial independence means that judges can decide cases without pressure or interference from:
- The executive (government).
- The legislature (Parliament).
- Political parties or interest groups.
- Public opinion or media pressure.
How Independence is Ensured
| Mechanism | How It Works |
|---|---|
| Security of tenure | Judges cannot be removed easily (impeachment requires a special majority in Parliament) |
| Fixed salaries | Judges' salaries are charged on the Consolidated Fund of India (not voted by Parliament) |
| Separation of powers | Judiciary is separate from the executive and legislature |
| Contempt of court | Any attempt to undermine the court's authority can be punished |
| Appointment by collegium | Senior judges appoint judges (not the government alone) |
| No discussion on judicial conduct | Parliament cannot discuss the conduct of Supreme Court judges (except during impeachment) |
The Collegium System
The collegium system is the method of appointing judges to the Supreme Court and High Courts. It involves the CJI and a group of senior judges recommending names to the government. This system was established through Supreme Court judgments (Three Judges Cases) to ensure executive non-interference.
'The independence of the judiciary is not a privilege of judges — it is a right of citizens. Only an independent judge can give a fair verdict against a powerful government.'
17.4 Judicial Review
Judicial review is the power of the courts to examine the constitutionality of legislative and executive actions. If a law or action violates the Constitution, the court can strike it down (declare it null and void).
Basis
- Article 13: All laws inconsistent with Fundamental Rights are void.
- Article 32: Supreme Court can enforce Fundamental Rights.
- Article 226: High Courts can enforce Fundamental Rights.
Famous Examples of Judicial Review
| Case | Year | What the Court Did |
|---|---|---|
| Kesavananda Bharati case | 1973 | Established the 'basic structure' doctrine — Parliament cannot destroy the essential features of the Constitution |
| ADM Jabalpur case | 1976 | Controversially upheld suspension of fundamental rights during Emergency (overruled in later cases) |
| Section 377 decriminalisation | 2018 | Struck down part of Section 377 (IPC) that criminalised consensual same-sex relations |
| Triple Talaq case | 2017 | Declared instant triple talaq (talaq-e-biddat) unconstitutional |
| Right to Privacy case | 2017 | Declared Right to Privacy a Fundamental Right under Article 21 |
17.5 Public Interest Litigation (PIL)
PIL means litigation filed in the interest of the public at large, not for the personal benefit of the person filing the case.
Origin of PIL
- Introduced in India in the 1980s (Justice P.N. Bhagwati and Justice V.R. Krishna Iyer).
- The court relaxed the traditional 'locus standi' rule (only the affected person can file a case).
Features of PIL
| Feature | Description |
|---|---|
| Liberal standing | Any public-spirited citizen or organisation can file |
| Relaxed procedure | Even a letter or postcard can be treated as a PIL |
| Focus on rights | Used to protect fundamental rights of marginalised groups |
| Wide scope | Covers environment, corruption, human rights, prisoners' rights |
Important PILs
| Issue | Outcome |
|---|---|
| Pollution in the Ganga | Court ordered closure of polluting industries |
| Hawala scam | Court monitored investigation of high-profile corruption |
| Right to food | Court ordered mid-day meal schemes and food distribution |
| Environmental protection | Court banned mining in ecologically sensitive areas |
Criticism of PIL
- Overreach: Courts sometimes interfere in policy matters (executive function).
- Misuse: Some PILs are filed for publicity or personal vendetta.
- Judicial delay: Courts are already overburdened.
17.6 Access to Justice
Challenges
- High cost: Legal fees, court fees, and lawyer charges are unaffordable for many.
- Delay: Cases can take years or decades to resolve.
- Complex procedures: Legal language and procedures intimidate ordinary people.
- Inadequate legal aid: Free legal aid exists but is not always effective.
- Location: Courts are concentrated in cities; rural areas have poor access.
Mechanisms to Improve Access
| Mechanism | Description |
|---|---|
| Lok Adalats | 'People's Courts' — quick, informal, no court fees |
| Legal Services Authorities | Provide free legal aid to eligible persons (Legal Services Authorities Act, 1987) |
| Gram Nyayalayas | Village-level courts (Act of 2008, but implementation is slow) |
| Fast Track Courts | For speedy trial of specific cases (rape, POCSO, etc.) |
AP Context: Access to Justice
Andhra Pradesh has established:
- AP State Legal Services Authority: Provides free legal aid.
- Lok Adalats: Regular lok adalats in all districts for settling pending cases.
- Gram Nyayalayas: Some village courts have been established, but the state needs more.
17.7 Common Mistakes
| Mistake | Fix |
|---|---|
| Thinking the Supreme Court is the only court with judicial review | High Courts also have judicial review (Article 226) |
| Confusing PIL with a regular lawsuit | PIL is for public interest, not personal benefit |
| Saying judges can be easily removed | Removal requires impeachment with a special majority (very difficult) |
| Forgetting that District Courts are under High Courts | The hierarchy is Supreme Court > High Court > District Court |
17.8 Exam Focus (AP Board)
| Topic | Marks |
|---|---|
| Structure of Indian judiciary (Supreme Court, High Court, District) | 4 marks |
| Independence of judiciary | 4 marks |
| Judicial review — meaning and examples | 4 marks |
| PIL — origin, features, and importance | 4 marks |
| Access to justice and Lok Adalats | 3 marks |
17.9 Quick Self-Test
Q1. What is the highest judicial authority in India? A1. The Supreme Court of India.
Q2. What is the retirement age for Supreme Court judges? A2. 65 years.
Q3. Where is the Andhra Pradesh High Court located? A3. Amaravati.
Q4. What is judicial review? A4. The power of courts to examine laws and actions for constitutionality and strike them down if they violate the Constitution.
Q5. What is PIL? A5. Public Interest Litigation — a case filed in the interest of the public, not personal benefit.
Q6. Who introduced PIL in India? A6. Justice P.N. Bhagwati and Justice V.R. Krishna Iyer (1980s).
Q7. What is a Lok Adalat? A7. A 'People's Court' that settles disputes quickly and informally without court fees.
Q8. What does the Collegium System do? A8. The system by which senior judges appoint judges to the Supreme Court and High Courts.
Q9. Which Article gives the Supreme Court the power to enforce Fundamental Rights? A9. Article 32.
Q10. What was the significance of the Kesavananda Bharati case (1973)? A10. It established the 'basic structure' doctrine — certain features of the Constitution cannot be amended by Parliament.
