Judiciary

** Judicial System in India**

• Federal structure: India operates under a federal system with two principal levels of government—the Central (Union) government and State governments, each with distinct powers and responsibilities as outlined in the Constitution.

• Unified court system: Unlike some federal systems, India has a single, integrated judicial system that forms the third essential branch of government, separate from the legislature and executive. This unified structure ensures legal uniformity across the nation.

• Independent judiciary: The judiciary in India is constitutionally mandated to be independent, meaning it operates free from the influence of the executive and legislative branches. This independence is crucial for upholding the rule of law and protecting rights.

• Functions:

  • Administers justice: The primary role is to resolve disputes between citizens, between citizens and the government, between two state governments, and between the Union and State governments.

  • Interprets laws: The courts have the power to interpret the provisions of the Constitution and other laws, setting precedents that guide future legal decisions.

  • Protects citizens' rights: The judiciary acts as a protector of fundamental rights guaranteed by the Constitution, allowing citizens to approach courts for enforcement of these rights.

  • Acts as guardian of the Constitution: The Supreme Court, in particular, is the ultimate interpreter and guardian of the Constitution, ensuring that all laws and governmental actions comply with its provisions.

  • Penalizes violations of law: It holds individuals and entities accountable for breaches of law, imposing appropriate penalties and remedies.

** Structure of Courts**

1. Supreme Court – At the apex of the judicial system, it serves as the highest court of appeal and the final interpreter of the Constitution.

2. High Courts – These are the highest judicial authorities within individual states or groups of states, exercising jurisdiction over their respective territories.

3. Subordinate Courts – Comprising District Courts and other lower courts, they operate at the district level, handling civil and criminal cases arising within their territorial limits.

4. Nyaya Panchayats – These are traditional village-level courts, often involved in resolving minor civil disputes and some criminal issues, aiming for accessible local justice.

** Supreme Court of India**

• Highest judicial authority: It is the final court of appeal, whose decisions are binding on all other courts in India.

• Guardian of the Constitution: It safeguards the Constitution, interpreting its provisions and ensuring all governmental actions adhere to it.

• Headed by the Chief Justice of India: The Chief Justice is the senior-most judge and administrative head of the Supreme Court.

• Judges appointed by the President in consultation with the Council of Ministers: The President makes these appointments after consulting the Chief Justice of India and other Supreme Court and High Court judges, ensuring an impartial selection process.

Qualifications

• Citizen of India.

• Advocate of a High Court for at least 10 years: This requires continuous practice as an advocate in one or more High Courts.

• Judge of a High Court for 5 years: This necessitates serving as a judge in a High Court or two or more such courts in succession.

• Distinguished jurist (in President’s opinion): This provision allows for the appointment of eminent legal scholars or experts, even if they haven't served as a judge or advocate, based on the President's assessment.

Tenure

• Hold office until age 65: Judges of the Supreme Court can serve until they reach the age of 65 years.

• Can only be removed via impeachment for proven misconduct or incapacity: A judge can only be removed by an order of the President after an address by each House of Parliament, supported by a special majority (two-thirds of members present and voting, and an absolute majority of total members), has been presented to the President in the same session.

Powers

• Original Jurisdiction: Cases involving disputes between the Government of India and one or more states, or between two or more states, or cases concerning fundamental rights violations (via writs).

• Appellate Jurisdiction: Hears appeals from High Courts in civil, criminal, and constitutional matters. It can also grant special leave to appeal from any judgment, decree, determination, sentence or order passed by any court or tribunal in the territory of India.

• Advisory Jurisdiction: The President can seek the Supreme Court's opinion on questions of law or fact of public importance or on disputes arising out of pre-Constitution treaties/agreements. The Court's opinion, however, is not binding on the President.

• Guardian of the Constitution: Possesses the power of judicial review, allowing it to declare laws or executive orders null and void if they violate the Constitution.

• Court of Record: Its proceedings and judgments are recorded, published, and serve as legal precedents binding on all lower courts within India.

** High Courts**

• Each state can have a High Court: While generally each state has one, Parliament can establish a common High Court for two or more states or a Union Territory.

• Highest judicial authority in the state: High Courts stand at the pinnacle of the judicial system within their respective states.

• Headed by a Chief Justice.

• Judges appointed by the President, in consultation with the Governor and Chief Justice of India: For a High Court judge, the President consults the Chief Justice of India, the Governor of the concerned state, and for a puisne judge, the Chief Justice of the High Court.

Qualifications

• Citizen of India.

• Judicial office for at least 10 years: Must have held a judicial office in the territory of India for at least ten years.

• Advocate of a High Court for at least 10 years: Must have been an advocate of a High Court (or two or more such courts in succession) for at least ten years.

Tenure

• Serve until age 62: High Court judges hold office until they attain the age of 62 years.

• Can be removed by the President if impeached: The process for the removal of a High Court judge is the same as that for a Supreme Court judge.

Powers

• Hear original cases (e.g., fundamental rights, election disputes): They have original jurisdiction in certain matters, including enforcement of fundamental rights (issuing writs), revenue matters, and cases concerning elections to Parliament and State Legislatures.

• Appellate jurisdiction over subordinate courts: They hear appeals from judgments and orders of District Courts and other subordinate courts within their state.

• Supervises and controls subordinate courts: High Courts have administrative control and superintendence over all courts and tribunals within their territorial jurisdiction, ensuring their efficient functioning.

• Can transfer cases: They can withdraw a case from any subordinate court if it involves a substantial question of law as to the interpretation of the Constitution.

• Has revisional jurisdiction to review and correct errors: This power allows High Courts to call for records from subordinate courts to satisfy themselves about the legality, regularity, or propriety of any order passed therein and to correct errors if found.

** Writs Issued by Courts**

Writs are formal legal orders issued by the Supreme Court (under Article 32) and High Courts (under Article 226) to enforce rights or correct legal wrongs. They are powerful tools for constitutional remedies:

• Habeas Corpus: Literally meaning "to have the body." This writ commands an authority to produce a person who has been detained, ensuring that the detention is lawful; if not, the person must be released.

• Mandamus: Meaning "we command." It is an order from a superior court to a public authority, official, or lower court, directing it to perform a specific public or legal duty that it has unlawfully refused or failed to perform.

• Prohibition: Issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It essentially forbids the continuance of proceedings.

• Certiorari: Meaning "to be certified" or "to be informed." This writ is issued by a higher court to a lower court or tribunal to transfer a case to itself or quash the order already passed by the lower court or tribunal if jurisdiction was exceeded or there was an error of law apparent on the face of the record.

• Quo Warranto: Meaning "by what authority or warrant." This writ is issued to inquire into the legality of a claim by a person to a public office and to restrain that person from holding the office if the claim is not valid. It prevents illegal usurpation of public office.

Judicial Review

• Courts can review laws and executive orders: Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Union and State governments.

• Cancel them if found unconstitutional: If a law or order is found to be in violation of any provision of the Constitution, the courts can declare it null and void (ultra vires), making it unenforceable.

• Ensures protection of fundamental rights: This power acts as a crucial check on legislative and executive excesses, safeguarding the fundamental rights of citizens and maintaining the balance of power among the government branches.