Judiciary
"If the legislature oversteps, the judiciary says: stop. That is the meaning of the Rule of Law."
1. Chapter Overview
An INDEPENDENT JUDICIARY is essential to democracy. This chapter covers: the STRUCTURE of India's courts (Supreme Court → High Courts → Subordinate Courts), the APPOINTMENT of judges (the Collegium system), JUDICIAL REVIEW (the power to strike down unconstitutional laws), and the SUPREME COURT'S ROLE as the guardian of Fundamental Rights through Public Interest Litigation (PIL).
2. Structure of the Indian Judiciary
Unified, Integrated, Hierarchical
SUPREME COURT (New Delhi) — Apex Court
↓
HIGH COURTS (25 — one for each state/UT group)
↓
SUBORDINATE COURTS (District Courts)
Supreme Court
- Apex court of India. Highest court of appeal. Guardian of the Constitution.
- Composition: Chief Justice of India (CJI) + 33 other judges (maximum). Currently 34 judges.
- Jurisdiction: ORIGINAL (disputes between Centre-States, States-States), APPELLATE (civil, criminal, constitutional), ADVISORY (advises President on legal questions — non-binding), WRIT (enforces Fundamental Rights under Art 32).
High Courts
- One for each state (some serve multiple states/UTs)
- Headed by Chief Justice. Appointed by President in consultation with CJI and Governor.
- Jurisdiction: ORIGINAL + APPELLATE + WRIT (Art 226 — writs for Fundamental Rights AND other purposes — BROADER than SC's Art 32)
- Supervise subordinate courts in their jurisdiction.
Subordinate Courts (District Courts)
- District & Sessions Judge at the district level
- Deal with civil and criminal cases
- Appeals go to High Court → Supreme Court
3. Independence of the Judiciary
Why Must the Judiciary Be Independent?
- To check the legislature and executive. An independent judiciary is the BULWARK AGAINST TYRANNY.
- Without independence: judges could be pressured, bribed, or threatened.
- Rule of Law: nobody is above the law — and an independent judge applies the law IMPARTIALLY.
How Is Independence Ensured?
| Safeguard | How It Protects Independence |
|---|---|
| Appointment (Collegium) | Judges appoint judges — executive has limited role. CJI + 4 senior-most SC judges form the COLLEGIUM. |
| Security of Tenure | Cannot be removed except by IMPEACHMENT (both Houses, 2/3 majority — very difficult). |
| Salary from Consolidated Fund | Not subject to parliamentary vote — can't be reduced to their disadvantage. |
| Contempt of Court | Courts can punish those who disobey or disrespect them. |
| Post-retirement restrictions | Judges cannot practice law after retirement. |
4. Judicial Review
The Power
- Courts can REVIEW laws and executive actions to check if they VIOLATE THE CONSTITUTION
- If a law violates the Constitution → court declares it VOID (strikes it down)
- This is the MOST IMPORTANT power of the Supreme Court and High Courts
- Article 13: Laws inconsistent with Fundamental Rights are VOID
The Basic Structure Doctrine
- Kesavananda Bharati v State of Kerala (1973): Supreme Court ruled that Parliament CAN AMEND the Constitution but CANNOT DESTROY its 'BASIC STRUCTURE'
- What's in the 'basic structure'? Judicial review, secularism, federalism, democracy, rule of law, fundamental rights... The list evolves through court judgments.
- This is the ULTIMATE CHECK: even a constitutional amendment can be struck down if it violates the basic structure
5. Public Interest Litigation (PIL)
What Is PIL?
- A legal case filed NOT by the affected person, but by ANY PUBLIC-SPIRITED person or organisation on their behalf
- 'Locus standi' RELAXED — ANYONE can approach the court for the public good
- Introduced in the 1980s (Justice P.N. Bhagwati)
- Procedure: even a POSTCARD from a concerned citizen can be treated as a writ petition (epistolary jurisdiction)
Examples
- Bonded labour cases → workers freed
- Environmental cases (pollution, deforestation) → courts ordered action
- Prison reforms: speedy trial, humane conditions
- Right to food, education, health
6. Exam Focus
- Integrated judiciary — structure (SC → HC → Subordinate Courts)
- Judicial independence — how ensured (appointment, tenure, salary, contempt, post-retirement)
- Judicial Review — Article 13, Kesavananda Bharati and Basic Structure Doctrine
- PIL — what it is, significance, examples
- SC vs HC writ jurisdiction (Art 32 vs Art 226)
- Collegium system for judicial appointments
7. Common Mistakes
- Parliament can amend any part of the Constitution — it has unlimited amending power — NO. Since Kesavananda Bharati (1973), Parliament CANNOT destroy the BASIC STRUCTURE. This is the judiciary's ULTIMATE CHECK on legislative power.
- The Supreme Court has the power to advise the President on ANY legal question — and the advice is binding — NON-BINDING advisory jurisdiction (Art 143). The President CAN seek the SC's opinion, but is NOT bound to follow it.
8. Conclusion
The Indian judiciary is the GUARDIAN of the Constitution:
- STRUCTURE: Unified hierarchy — SC → 25 HCs → District Courts
- INDEPENDENCE: Collegium appointments, difficult impeachment, secure salaries
- JUDICIAL REVIEW: The power to strike down unconstitutional laws. Basic Structure Doctrine is the ultimate limit.
- PIL: The court's doors opened to the POOR and the MARGINALISED — even a postcard can be treated as a writ petition.
'The judiciary has no army, no treasury, and no police. Its only power is the power of judgment — and the faith of the people that its judgments will be obeyed.'
