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

FunctionDescription
Dispute resolutionSettles disputes between individuals, between individuals and the state, between states, and between centre and states
Judicial reviewCan declare laws or executive actions unconstitutional
Protection of rightsEnforces Fundamental Rights (Article 32 and 226)
Interpretation of lawsClarifies the meaning of laws when there is ambiguity
Guardian of the ConstitutionEnsures 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

FeatureDetail
LocationNew Delhi
HeadChief Justice of India (CJI)
Strength1 CJI + 33 other judges (total 34)
AppointmentBy the President in consultation with the CJI and collegium
Retirement age65 years
JurisdictionOriginal, Appellate, Advisory, Review, Writ

High Courts

FeatureDetail
Number25 High Courts (as of now)
HeadChief Justice
Retirement age62 years
AP High CourtLocated in Amaravati (established 2014 after bifurcation; earlier Andhra Pradesh was under the common High Court at Hyderabad)
JurisdictionOriginal 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

MechanismHow It Works
Security of tenureJudges cannot be removed easily (impeachment requires a special majority in Parliament)
Fixed salariesJudges' salaries are charged on the Consolidated Fund of India (not voted by Parliament)
Separation of powersJudiciary is separate from the executive and legislature
Contempt of courtAny attempt to undermine the court's authority can be punished
Appointment by collegiumSenior judges appoint judges (not the government alone)
No discussion on judicial conductParliament 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

CaseYearWhat the Court Did
Kesavananda Bharati case1973Established the 'basic structure' doctrine — Parliament cannot destroy the essential features of the Constitution
ADM Jabalpur case1976Controversially upheld suspension of fundamental rights during Emergency (overruled in later cases)
Section 377 decriminalisation2018Struck down part of Section 377 (IPC) that criminalised consensual same-sex relations
Triple Talaq case2017Declared instant triple talaq (talaq-e-biddat) unconstitutional
Right to Privacy case2017Declared 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

FeatureDescription
Liberal standingAny public-spirited citizen or organisation can file
Relaxed procedureEven a letter or postcard can be treated as a PIL
Focus on rightsUsed to protect fundamental rights of marginalised groups
Wide scopeCovers environment, corruption, human rights, prisoners' rights

Important PILs

IssueOutcome
Pollution in the GangaCourt ordered closure of polluting industries
Hawala scamCourt monitored investigation of high-profile corruption
Right to foodCourt ordered mid-day meal schemes and food distribution
Environmental protectionCourt 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

  1. High cost: Legal fees, court fees, and lawyer charges are unaffordable for many.
  2. Delay: Cases can take years or decades to resolve.
  3. Complex procedures: Legal language and procedures intimidate ordinary people.
  4. Inadequate legal aid: Free legal aid exists but is not always effective.
  5. Location: Courts are concentrated in cities; rural areas have poor access.

Mechanisms to Improve Access

MechanismDescription
Lok Adalats'People's Courts' — quick, informal, no court fees
Legal Services AuthoritiesProvide free legal aid to eligible persons (Legal Services Authorities Act, 1987)
Gram NyayalayasVillage-level courts (Act of 2008, but implementation is slow)
Fast Track CourtsFor 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

MistakeFix
Thinking the Supreme Court is the only court with judicial reviewHigh Courts also have judicial review (Article 226)
Confusing PIL with a regular lawsuitPIL is for public interest, not personal benefit
Saying judges can be easily removedRemoval requires impeachment with a special majority (very difficult)
Forgetting that District Courts are under High CourtsThe hierarchy is Supreme Court > High Court > District Court

17.8 Exam Focus (AP Board)

TopicMarks
Structure of Indian judiciary (Supreme Court, High Court, District)4 marks
Independence of judiciary4 marks
Judicial review — meaning and examples4 marks
PIL — origin, features, and importance4 marks
Access to justice and Lok Adalats3 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.

Verified by the tuition.in editorial team
Written and reviewed by subject-matter experts — read about our process.
Editorial process →
Header Logo