Indian Judiciary: Structure, Independence, and Role

Supreme Court of India

Apex court of India, located in New Delhi.

Established on January 28, 1950; replaced Federal Court of India and Judicial Committee of the Privy Council.

Originally composed of a Chief Justice and 7 judges; currently has a strength of 31 judges.

Has both original and appellate jurisdiction.

High Courts

24 High Courts across states and union territories.

Each High Court has jurisdiction over a state or group of states/union territories.

District and Subordinate Courts

Known as lower courts; presided over by a District and Sessions Judge.

District Judge manages civil cases; Sessions Judge handles criminal cases.

Hierarchical Structure:

Civil Side: Junior Civil Judge, Principal Junior Civil Judge, Senior Civil Judge (Sub-Courts).

Criminal Side: Second Class Magistrate, First Class Magistrate, Chief Judicial Magistrate.

Specialized Tribunals

Semi-judicial bodies for specific disputes (e.g., labor, consumer disputes).

Examples: Central Administrative Tribunal (CAT), Telecom Dispute Settlement Appellate Tribunal (TDSAT).

Salient Features of Indian Judiciary

Common Law Jurisdiction

Based on British common law tradition; judges create binding precedents.

Different from civil law jurisdiction where only legislative bodies create laws.

Adversarial System

The judiciary follows an adversarial model where lawyers play a crucial role.

Opposing lawyers present cases before a neutral judge.

Independence of Judiciary

Constitutional Safeguards

Article 50 of the Constitution mandates independence of judiciary.

Essential for rule of law and maintaining checks on government powers.

Judicial's Role

Acts as a mediator to prevent excesses by other government branches.

Protects individual liberties; enables fair trials under Article 20(3).

Impartiality of Judges

Judges must operate without bias; independent judiciary is critical for justice.

Structural provisions safeguard independence (e.g., tenure, salaries not voted on by legislatures).

Role of Supreme Court

Adjudicator and Interpreter

Original jurisdiction over disputes between states or between the Union and states (Article 131).

Writ jurisdiction under Article 32 allows enforcement of fundamental rights.

Appellate jurisdiction includes all cases from High Courts and Tribunals.

Advisory Role

Can advise the President on questions of law (Article 143); not binding.

Judicial Activism

Courts engage in public interest litigation (PIL) to address societal issues.

First PIL case: Hussainara Khatoon v. State of Bihar (1979).

Public Interest Litigation (PIL)

Characteristics:

Focuses on social issues; can be initiated by concerned citizens.

Expands right of access to justice beyond traditional litigants.

Frequently addresses socio-economic rights and governmental reforms.

Concerns with PIL:

Potential misuse for private gain; accusations of judicial overreach.

Appointment and Removal of Judges

Constitutional Mandate:

Appointments made by the President after consultation as per Articles 124 (Supreme Court) and 217 (High Court).

Collegium System: A judicial-led process to recommend judges.

Impeachment Process:

Judges can only be removed by a lengthy impeachment process based on proven misbehaviour or incapacity.

Successful impeachment case: Justice Soumitra Sen (2011).

Judicial Review

Definition:

The power of courts to review laws and executive decisions for constitutional compatibility.

Essential feature of the Constitution; related to separation of powers.

Application:

Protects fundamental rights, centers on legislative competence, ensures fairness in executive actions.

Writs issued by courts to enforce rights under Articles 32 and 226 (rights to habeas corpus, mandamus, etc.).

Basic Structure Doctrine

Doctrine Overview:

Established in Keshavananda Bharati v. State of Kerala (1973).

Parliament cannot amend fundamental features of the Constitution (e.g., democracy, secularism).

Section Revisions

Activity-Based Learning:

Observation of law practice at different venues such as courts or law offices.

Write a summary of observations and share insights in class discussions.

Exam Questions

  1. Discuss the appointment procedure of judges and the challenges faced.

  2. Define and explain the concept of judicial review in India and its significance.

  3. Evaluate the role of independence of judiciary in safeguarding individual rights in the Indian democracy.

  4. What are the implications of the basic structure doctrine on constitutional amendments?

Significant Cases:

  • Hussainara Khatoon v. State of Bihar (1979): The case recognized the right to a speedy trial as a fundamental right under Article 21 of the Constitution, addressing the plight of undertrial prisoners in Bihar.

  • Kesavananda Bharati v. State of Kerala (1973): Landmark case that established the Basic Structure Doctrine, stating that Parliament cannot alter the fundamental framework of the Constitution.

  • Minerva Mills Ltd. v. Union of India (1980): Reinforced the Basic Structure Doctrine, emphasizing the balance between Fundamental