Judiciary Notes

Judiciary

  • The judiciary plays a vital role in the present-day democratic system and is a key component of the Constitution.
  • According to the doctrine of the separation of powers, the government has three organs:
    • Legislature: Makes the law.
    • Executive: Implements the law.
    • Judiciary: Interprets the law.
  • Complete separation of these organs would lead to deadlocks, making the government an inorganic whole; thus, each organ has some contact points with the others.
  • No organ has full control over the other.
  • The judiciary has an organic connection with the government and plays a vital role in protecting citizens' rights.
  • It interprets the Constitution and settles disputes between the Center and the States.
  • An independent judiciary ensures the liberty and security of the individual.
  • India has a single integrated judicial system.

Structure of Judiciary in India

  • The structure is hierarchical:
    • Supreme Court (Apex - Union Level)
    • High Court (State Level)
    • District & Sessions Judge's Court (District Level)
    • Courts in States:
      • Subordinate Judge's Courts (Civil):
        • Provincial Small Causes Courts
        • Small Causes Courts
      • Courts (Criminal):
        • Munsiff Courts
        • Nyaya Panchayats
      • Metropolitan Magistrate's City Civil Courts
      • Judicial Magistrate's Courts
      • Panchayat's Adalats
      • Executive Magistrates

Characteristics of the Indian Judicial System

  1. Single Judicial System/Integrated Judiciary

    • India has a unified and integrated judicial system with the Supreme Court at the apex and High Courts at the State level.
    • The Supreme Court supervises the High Courts.
    • District Courts and Sub-ordinate Courts are under the supervision of the High Courts in the States.
    • Appeals against a subordinate court's decisions can be made in the next higher court and so on.

  2. Independent Judiciary

    • Even though the executive appoints both the Supreme Court and the High Court judges, it cannot remove them.
    • An impeachment motion inside the Parliament is required to remove them.
    • The Judiciary is independent of the executive, enabling judges to dispense justice without fear and favor.

  3. Provision for Judicial Review

    • Besides the judiciary's role as a protector and interpreter of the Constitution, it has been given the power of Judicial Review.
    • The Judiciary can declare a law passed by the Union Parliament or a State Legislature ultra vires if it's against the Constitution or the Spirit of the Constitution.
    • A person or organization can approach the Judiciary if such a law affects them adversely.
    • Judicial Review can be of Constitutional Amendments, Laws passed by the Indian Parliament or State Legislatures, and Administrative actions of the Central or the State governments and their agencies.

  4. System of Open Hearing of Trials

    • The courts in India follow the system of Open Hearing of Trials.
    • People can watch the proceedings of the court.
    • Judgments of cases are available in the digital domain, on the courts' websites, bringing more transparency in the judicial functioning.

  5. Rule of Law

    • Article 14 of the Indian Constitution states that everybody is equal before the law, and the courts are bound to accept the law.

  6. Supreme Court at the Apex

    • Appeals against the decisions of the High Courts, ordinary courts, and administrative tribunals lie in the Supreme Court of India.
    • The judgments of the Supreme Court are final, though the Supreme Court can review its judgments.

  7. Lok Adalats

    • Lok Adalat is a forum/platform that helps resolve disputes pending in the court of law, at the pre-litigation stage.
    • Lok Adalats have statutory status under the Legal Services Authority Act, 1987, and all decisions made by Lok Adalats are legally binding on the litigants.
    • Lok Adalats provide free legal aid and quick disposal of the cases and have become popular amongst people as this platform helps to resolve conflicts promptly.

  8. Special Courts

    • The Parliament can constitute Special Courts for quick disposal of certain types of cases like atrocities against the SCs & STs, Narcotics, and Corruption.
    • These courts constituted under The Special Courts Act - 1979 can keep their proceedings secret.
    • Appeals against their judgments can be made only in the Supreme Court.

  9. Fast Track Courts

    • These courts, established under the 11th Finance Commission, help in the timely disposal a case of the sessions courts, and those of undertrial prisoners.
    • The Fast Track Courts are functional across the country and take up heinous crimes cases and those related to women, children, senior citizens, disabled, and litigants affected with terminal ailments etc.

  10. Bench System

    • The Supreme Court and the High Courts have the bench system, wherein there may be two or more judges to decide the cases.
    • It is called a two-judge bench/three-judge bench and so on.
    • The decisions can be unanimous or by a majority.

  11. Administrative Adjudication

    • Administrative Tribunals dispense justice if someone feels discriminated against the government's executive actions.
    • Administrative Adjudication is less expensive and swift, unlike the ordinary courts of law.
    • Examples of Administrative Tribunals are - Income Tax Appellate Tribunal, Central Administrative Tribunal etc.

  12. Consumer Courts

    • There is a provision of consumer courts at various levels to give justice to the people and protect them against exploitation.

SUPREME COURT OF INDIA

  • The Supreme Court occupies an august place in the country.
  • It stands at the apex of a single judicial system.
  • It is mandated to ensure that laws are justly administered and Justice is delivered to an aggrieved party.
  • It helps in preventing arbitrary use of government authority and safeguards the rights of the citizens.
  • The Supreme Court is the custodian and the final interpreter of the country's Constitution.
  • The Supreme Court is the highest court of the land constituted by raising the Federal Court's status as per the Government of India Act-1935 and conferring additional jurisdiction on it.
  • The Supreme Court was inaugurated on January 26, 1950, along with the Indian Constitution.
  • It took those powers, which were earlier with the Privy Council situated in England.
  • Part V of the Constitution provides for the Supreme Court.

Composition

  • Article 124 deals with the composition of the Supreme Court.
  • The Supreme Court consisted of a Chief Justice and seven other judges.
  • Parliament has the power to decide the composition, jurisdiction, and powers of the Supreme Court.
  • At present, the Supreme Court has a Chief Justice and 33 other judges (as of 2019).
  • With the President's previous consent, the Chief Justice can request a retired Judge of the Supreme Court to act as a Supreme Court Judge for a temporary period.
  • Similarly, a High Court Judge may be appointed on an ad-hoc basis if there is a lack of quorum of the permanent Judges. (Art. 127, 128)

Appointment

  • The President appoints the Judges and the Chief Justice of the Supreme Court.
  • The seniormost Judge of the Supreme Court is designated as the Chief Justice.
  • The President consults the outgoing Chief Justice while appointing the Chief Justice of the Supreme Court of India.
  • Selection of other Judges is on the Chief Justice's advice, who consults the collegium of four senior-most judges.
  • If the Chief Justice does not consult the other Judges, it is not binding on the GOI to accept the Chief Justice's recommendation.
Appointment of the Judges (Article 124A)
  • Important - Not Yet Implemented
  • Judicial Appointments Commission Bill 2014 was passed in April 2015.
  • This bill provides for setting up a six-member National Judicial Commission to select and recommend judges to the High Court and the Supreme Court of India.
  • The Judicial Commission comprises the Chief Justice of India (Chairperson), two senior-most Judges of the Supreme Court, the Union Law Minister, and two eminent persons nominated by the Prime Minister, the CJI, and the Leader of the Opposition of the Lok Sabha.
  • One eminent person shall be nominated from amongst the Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities, or Women.

Impeachment Process

  • The Chief Justice of India and the Judges of the Supreme Court can be removed for proven misbehavior or incapacity through Impeachment
  • The process can be initiated in any house of the Parliament.
  • The resolution requires at least fourteen days' notice in writing signed by not less than 1/4th of the total number of members of the House.
  • The resolution has to be passed by a majority of not less than two-thirds of the total membership of the House.
  • The other House shall investigate/get investigated the charge levelled.
  • The Judge shall have the right to appear and be represented at such investigation.
  • If, after investigation, a resolution is passed by a majority of not less than two-thirds of the total membership of the House sustaining the charge, then the Judge stands impeached.

Qualifications

Following qualifications are required for appointment as a judge of the Supreme Court:

  1. He should be a citizen of India; and
  2. He should either:
    • Be a distinguished Jurist; or
    • Has been a Judge of the High Court for a period of at least 5 years; or
    • Has been an advocate of the High Court (or two or more such courts in succession) for at least a period of 10 years (Art. 124(3))

Tenure of the Judges

  • No minimum age is prescribed for the appointment as a Supreme Court Judge.
  • There is no fixed period of office; once appointed, a Judge of the Supreme Court may cease to be so due to the following reasons (other than death):
    • On attaining the age of 65 years.
    • On resigning his office in writing to the President.
    • On being impeached by the Parliament. The grounds of removal are proved misbehavior or incapacity.

Salaries

  • According to Article 125 of the Indian Constitution, salaries of the Chief Justice of the Supreme Court and other judges are charged upon the Consolidated Fund of India.
  • The salaries cannot be increased or decreased during the tenure of the judge or the Chief Justice.
  • In the case of Financial Emergency, their salaries can be reduced.
  • The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018, notified on January 25, 2018, has increased the salaries of the judges to:
    • Chief Justice of the Supreme Court - 2.8 Lakh.
    • Puisne Judges of the Supreme Court - 2.50 lakhs
  • This is apart from the perks and amenities the Judges receive.

Powers and Functions

  • The Constitution of India confers wide and extensive jurisdiction to the Supreme Court.
  • It has more powers compared to the apex courts of other countries of the world.
  • The powers of the Supreme Court are as follows:

  1. Original Jurisdiction

    • The Supreme Court's Original Jurisdiction is dealt with in Art.131 of the Constitution.
    • The functions of the Supreme Court are of a federal character and are confined to disputes between:
      • GOI and the State Government.
      • GOI and any state or states on one side and one or other states on the other side.
      • Between two or more States.
    • In a dispute between the two governments, the Supreme Court has exclusive original jurisdiction over such a matter.
    • Some exceptions are as follows:
      • Disputes of a political nature between the various states.
      • Disputes related to the distribution of water of the inter-state rivers.
      • Disputes related to treaties or agreements entered before the enforcement of this Constitution; and
      • Matters related to the Finance Commission.

  2. Writ Jurisdiction

    • The Writ Jurisdiction for the enforcement of Fundamental Rights is sometimes also considered the Supreme Court's Original Jurisdiction.
    • The aggrieved party has a right to directly approach the Supreme Court by presenting a petition instead of coming through the High Court by appeal.
    • This is treated as a separate Jurisdiction, as in this case, the dispute is not between two governments but between the government and an individual.

  3. Appellate Jurisdiction

    • The Supreme Court is the highest court of appeal in India.
    • The appellate jurisdiction of the Supreme Court is dealt with under the following three heads:
      • (a) Cases involving the interpretation of the Constitution
        • Civil, Criminal, or otherwise.
        • According to Art. 132(i), if the High Court certifies that a particular case is fit for appeal and a substantial question of law is involved which needs further interpretation of the Constitution, an appeal can be made in the Supreme Court.
        • In case the High Court refuses to certify the case the Supreme Court can itself certify the case and hear the appeal.
      • (b) Civil Cases:
        • Irrespective of any Constitutional question according to Article 133, all types of civil cases can be taken to the Supreme Court against the High Court's decision.
        • If the High Court refuses to certify the appeal, then the Supreme Court can certify and allow the appeal.
      • (c) Criminal Cases:
        • According to Art. 134, in the case of criminal cases, an appeal can be made before the Supreme Court against a decision of the High Court in the following circumstances:
          • When the High Court has reversed an order of acquittal of an accused and sentenced him to death.
          • When the High Court has drawn before itself any case from a subordinate court and has sentenced a person to death.
          • When a High Court certifies that the case is fit for appeal in the Supreme Court; and
          • When the Supreme Court allows a special appeal against the judgment of the High Court.

  4. Advisory Jurisdiction

    • Under this jurisdiction, the SC advises on the law or fact of public importance referred to it by the President of India.
    • According to Article 143 of the Constitution, the Supreme Court may be required to express its opinion:
      • If the President considers that the issue is of public importance and desires to get an authoritative opinion before such a law is enacted.
      • On disputes arising out of the Pre-Constitutional treaties and agreements which are excluded under Article 131 of the Indian Constitution.

  5. Review Jurisdiction

    • SC reviews its judgments on the following grounds:
      • Discovery of new and important matter or evidence.
      • Mistake or error apparent on the face of the record; and
      • Any other sufficient reason.

  6. Court of Record

    • As per Article 129, the Supreme Court is the court of record.
    • It has all the powers of such a court, including the power to punish for contempt of itself.
    • All its decisions, judgments, and judicial proceedings of the court are recorded to be used by the lower courts as judicial precedents.

  7. Miscellaneous Functions

    • The Supreme Court of India has the following miscellaneous functions:
      • In case the office of the President falls vacant and the Vice-President is unable to perform the role of the acting President, then the Chief-Justice of the Supreme Court of India performs the role of an acting President till the time the vacancy is filled up.
      • The Supreme Court investigates charges levelled against the members of Union Public Service Commission and
      • A sitting judge of the Supreme Court of India can be appointed to any commission to inquire into a case/corruption case.

  8. Administrative Functions

    • The Supreme Court has the following administrative functions:
      • It supervises and superintends the working of the lower courts and makes rules of procedure for them.
      • It appoints staff other than the Judges working in the Supreme Court.
      • It makes rules and regulations for the advocates working in the Supreme Court from time to time as per Article 216.
      • It can order the presentation of the necessary papers or documents before itself.
      • It investigates the charges levelled against the members of Union.
Position of the Supreme Court
  • The Supreme Court of India is at the apex of the Indian Judicial System.
  • It is the final court of appeal as well as the guardian of the Constitution of India.
  • We can discuss the position of the Supreme Court of India under the following heads:

  1. The guardian of the Fundamental Rights

    • All the citizens of India can approach the Supreme Court of India to restore their Fundamental Rights if the state infringes upon them.
    • It has the power to issue writs to enforce fundamental rights.

  2. The Custodian and Final Interpreter of the Constitution

    • The Supreme Court is the custodian and final interpreter of the Indian Constitution.
    • Its judgments are binding upon all the courts within the territory of India.

  3. Arbiter between the Government of India and Governments of State/ States

    • The Supreme Court of India has power in case of disputes of the Central government with state governments or amongst state governments.

  4. As Advisor to the President of India

    • The Supreme Court of India advises the President of India if the President seeks his advice.

Conclusion

  • The Supreme Court of India is at the apex of the judicial system in India.
  • Its jurisdiction includes original jurisdiction, appellate jurisdiction, writ jurisdiction, and advisory jurisdiction.
  • It is a protector of the citizen's fundamental rights besides being the final interpreter of the Constitution of India.

HIGH COURT OF A STATE

  • India has an integrated judicial system with the Supreme Court at the Union level and the High Court at the State level. According to Article 214, there is to be a High Court in each State.
  • There is also a provision for setting up Joint High Courts in two or more states.
  • Parliament has the power to set up a Joint High Court for two or more states under Article 231.
  • The High Court stands at the head of the judiciary in each State.
  • There are 25 High Courts in India; among these 6 are joint High Courts, having jurisdiction of two or more states or union territories.
  • A High Court consists of a Chief Justice and such number of other Judges as the President may decide from time to time as per Article 216.
  • The President has the power to appoint Additional Judges for a period not exceeding two years for clearing the backlog.

Appointment and condition of Service

  • Every Judge of a High Court is to be appointed by the President While appointing the Chief Justice of the High Court, the President is to consult the Chief Justice of India (who gives recommendation based on consultations with at least two brother judges), and the Governor of the High Court in question.
  • The Judge of the High Court holds the office till the age of 62 years.
  • udge - permanent, additional or acting - may vacate his office in the following way:
    • By resigning in writing addressed to the President.
    • When he is appointed as a Judge in the Supreme Court or is transferred to any other High Court by the President; and
    • When the Parliament impeaches a judge, on the grounds of proven misbehavior or incapacity.

Appointment of the Judges (Article 124-A)

  • Important - Not Yet Implemented
  • Judicial Appointments Commission Bill 2014 was passed in April 2015.
  • This bill provides for setting up a six-member National Judicial Commission to select and recommend judges to the High Court and the Supreme Court of India.
  • The Judicial Commission comprises the Chief Justice of India (Chairperson), two senior-most Judges of the Supreme Court, the Union Law Minister, and two eminent persons nominated by the Prime Minister, the CJI, and the Leader of the Opposition of the Lok Sabha.
  • One eminent person shall be nominated from amongst the Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities, or Women.

Impeachment Process

  • The Chief Justice and the Judges of a High Court can be removed only on the grounds of proven misbehavior or incapacity through the process of Impeachment.
  • The process can be initiated in any house of the Parliament.
  • The resolution requires at least fourteen days' notice in writing signed by not less than 1/4th of the total number of members of the House.
  • The resolution has to be passed by a majority of not less than two-thirds of the total membership of the House.
  • The other House shall investigate/get investigated the charge levelled.
  • The Judge shall have the right to appear and be represented at such investigation.
  • If after investigation, a resolution is passed by a majority of not less than two-thirds of the total membership of the House sustaining the charge, then the Judge stands impeached.

Salaries

  • According to Article 221 of the Indian Constitution, the salary of the Judge of the High Court is drawn from the Consolidated Fund of India.
  • It cannot be increased or decreased during his tenure except by way of law.
  • The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018, notified on January 25, 2018, has increased the salaries of the judges to:
    • Chief Justice High Court- 2.50 Lakhs
    • Other Judges of the High Court - 2.25 Lakhs
  • This is apart from the perks and amenities the Judges receive.

Qualifications

To be appointed as a judge of the High Court, the following qualifications are required:

  • (a) He must be a citizen of India;
  • (b) He must have held a judicial office in India's territory at least for ten years or he is an advocate of a High Court/two or more High Courts for a period of 10 years.

Transfer

  • Article - 222 of the Constitution of the India empowers the President to transfer the judges of the High Court anywhere within the territory of India in consultation with the Chief Justice of India.

Powers and Functions

The Jurisdiction of a High Court is as follows:

  1. Original Jurisdiction

    The Original Jurisdiction of a High Court extends in the following areas:

    • (a) Constitutional Cases:
      • Cases related to disputes/interpretation of the Constitution can originate in a High Court.
      • The High Court allows an appeal against its decisions in the Supreme Court if it considers it necessary.
    • (b) Fundamental Rights:
      • In any case related to the enforcement of Fundamental Rights to a citizen, the High Court can issue a writ to enforce Fundamental Rights.
    • (c) Judicial Review:
      • A High Court under the power of judicial review can declare a law passed by the state legislature or an order of the government unconstitutional if, in its opinion, such law violates the state constitution.
    • (d) Election Disputes:
      • A High Court of a State has original jurisdiction in disputes arising out of elections conducted in that State.
    • (e) Other Cases:
      • Cases relating to Will, Divorce, Contempt of court, etc. can originate in the High Court.

  2. Appellate Jurisdiction

    The High Court can hear appeals against the decisions of the District Courts in the following cases:

    • (a) Constitutional cases:
      • Appeal can be filed in the High Court in cases related to the interpretation of the Constitution.
    • (b) Civil cases:
      • In the case of civil cases, an appeal can be filed to the High Court against the Subordinate courts' decision.
      • Appeal can be made from a subordinate court directly if the dispute is of Rs 5000 or more value or a question of law is involved.
    • (c) Criminal cases:
      • In criminal cases, an appeal can be filed in the High Court against the decision of a session judge or an additional Session judge
        • if the sentence of imprisonment exceeds seven years.
        • Session judge has awarded Capital punishment; and
      • In other specified cases other than petty crimes.
    • (d) Revenue Cases:
      • In revenue cases against the decision of the revenue board.
    • (e) Other Cases:
      • Appeal can also be filed in the High Court against the decisions of the lower courts in cases related to succession, insolvency, patent etc.

  3. Court of Record:

    • High Courts like the Supreme Court of India are Courts of Records.
    • The judgments of the High Courts can be the basis for deciding cases by the subordinate courts.
    • High Courts have the power to punish contempt of court by an individual or institution.

  4. Power to Certify Cases:

    • A High Court can certify a case for appeal before the Supreme Court of India.

  5. Transfer of Cases:

    • A High Court can transfer cases from a subordinate court to itself.
    • It can:
      • Either decide the case itself; or
      • Decide just the question of law and send the case back to the subordinate court.

  6. Administrative Power:

    The Administrative Powers are as follows:

    • (a) Supervision and superintendence over the subordinate courts and tribunals.
    • (b) Making rules and regulations for all the courts below the High Court.
    • (c) Investigating and inquiring into the records or documents of a subordinate court.
    • (d) Transferring a case from one court to another court.
    • (e) Appointment of the administrative staff for the High Court to certain level and for the subordinate court, by the Chief Justice or the rules formed by the state legislature.
    • (f) Role in the appointment, promotion and transfer of the Judges of the subordinate courts Under Article 233.
    • (g) While appointing the judicial officers under Article 234, the Governor consults the High Court and the Public Service Commission.

Position of the High Court

  • The High Court of a State is at the apex of the judicial system in the State functioning Under the Supreme Court of India's supervision.
  • In the Integrated judicial system of the country, a High Court can review a law made by the State Legislature and declare it unconstitutional.
  • An aggrieved citizen can approach the High Court if his/her Fundamental Rights are violated by any legislative or government order.
  • Thus, the High Court can issue a writ for the restoration of these rights.
  • A High Court of a State also supervises the functioning of the lower courts.

Independence of the Judiciary

  • The independence of the Judiciary is ensured by the following provisions mentioned in the Constitution:
    • (a) The appointment of the Judges is made based on the qualifications.
    • (b) Judges can be transferred only by the President of India as per Article 222 of the Indian Constitution.
    • (c) Judges can be removed only through the Process of Impeachment by the Parliament
    • (d) The judges' salary cannot be decreased during their tenure and is drawn from the consolidated fund of India. An Act of the Parliament decides the salary and conditions of Service.
    • (e) As per The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018, notified on January 25, 2018, after retirement, the Judges are not allowed to practice.

CHALLENGES FACED BY THE INDIAN JUDICIAL SYSTEM

  • There are formidable challenges the Indian judiciary faces currently.

  • One of the most significant challenges is the pendency of cases in the courts.

    • Due to vacancies and other reasons, as many cases are pending before the courts at all the three levels.
    • In the year 2020, almost four crore cases are pending before various courts - Supreme Court, High Courts, District and Subordinate Courts of the country.

  • Due to pendency of cases, justice is delayed.

    • Justice is delayed mainly due to long discussions, technical complications, vacancies and other procedural reasons.
    • According to the India Justice Report 2019, the average case pendency in subordinate judiciary is five years.

  • (c) A large number of Vacancies:

    • In 2019 the then Chief Justice of India, Ranjan Gogoi, in a letter written to the Prime Minister, had mentioned that 37% of the sanctioned judges' strength at the High Court level was vacant, and it was resulting in a large backlog of cases.

  • (d) Expensive Justice:

    • Approaching the Judiciary involves advocate's fee and court fee, and other sundry charges as a result beyond the reach of the common man.

  • (e) Complex Rules:

    • The judicial system is based on complex and multiple rules and regulations hence difficult for a common man to understand.

  • (f) Political Interference:

    • Although the Constitution is clear regarding the Judiciary, there is political interference in the Judiciary.

  • (g) Lack of Specialised Knowledge:

    • Modern governments perform several specialised and technical tasks dealing with various aspects of a citizen's life.
    • The courts work as per the legal system and hence lack the expertise to deal with the technical nature of the administrative acts.

  • (h) Corruption:

    • Corruption mars the functioning and effectiveness of the Judiciary, especially at the lower levels of the Judiciary.

Conclusion

  • India has an integrated and unified judicial system wherein there is a Supreme Court at the apex and High Courts at the State and District Courts at the district levels.
  • The Judiciary interprets the Constitution and provides justice to the people against the discriminatory decisions of the government.
  • The courts help restore the citizens' fundamental rights in case there is infringement by the government.