⚖️ Judiciary (न्यायपालिका)
🌟 Meaning of Judiciary
- The Judiciary is the third important organ of the government. It is considered as an arbiter (पंच) that resolves disputes between individuals and private institutions, protects the Rule of Law (कानून का शासन) and ensures the Supremacy of Law (कानून की सर्वोच्चता).
- Judiciary must be independent (स्वतंत्र) and free from political pressure to deliver fair decisions.
- It is accountable (जवाबदेह) to the Constitution, democratic traditions, and the people.
- Neither the Legislature (विधायिका) nor the Executive (कार्यपालिका) should interfere in the functions of the judiciary.
- Judges must work without fear or discrimination (भय या भेदभाव).
🏛️ Establishment of Judiciary
- Under the Government of India Act, 1935, a Federal Court (संघीय न्यायालय) was established on 1 October 1937.
- The first Chief Justice was Sir Maurice Gwyer.
- After Independence, the Supreme Court of India was inaugurated on 28 January 1950 in Delhi.
🔺 Pyramid Structure of Judiciary
- The judiciary in India has a pyramid-like structure (पिरामिड रूपी संरचना) with the Supreme Court at the top, followed by High Courts, and then the Subordinate Courts at the base.
🕊️ Independence of Judiciary
- Independence means that Legislature & Executive should not interfere in judicial work.
- Judiciary ensures the Supremacy of the Constitution and resolves Centre-State disputes.
- Protecting Fundamental Rights (मौलिक अधिकार) is the responsibility of judiciary.
- Hence, impartiality (निष्पक्षता) and freedom (स्वतंत्रता) are essential.
⚖️ Formation of Supreme Court
- Mentioned in Article 124 (1) of the Constitution.
- Initially, 1 Chief Justice + 7 other Judges = Total 8 judges.
- Parliament has the power to increase the number of judges.
- At present, the Supreme Court has 31 judges (including Chief Justice).
👨⚖️ Judges
- A judge must be a law expert (कानून विशेषज्ञ) or have advocacy experience (वकालत का अनुभव).
- Judges hold office until retirement.
- They are financially independent of Legislature & Executive.
- Judges can be removed in special conditions only.
📝 Appointment of Judges
- Cabinet (मंत्रिमंडल), Governor (राज्यपाल), Chief Minister (मुख्यमंत्री) and the Chief Justice of India play a role.
- By convention, the senior-most judge is appointed as Chief Justice, though this has been broken twice in history.
- Other judges are appointed by the President with the advice of the Chief Justice of India.
👑 Appointment of Chief Justice
- The Chief Justice of India (CJI) is appointed by the President of India.
❌ Removal of Judges
Judges can be removed from office by:
- Impeachment (महाभियोग)
- Charges of incapacity or misbehavior (अयोग्यता)
- Special majority (विशेष बहुमत) in Parliament
- Approval of both Houses (दोनों सदन)
🏛️ High Courts
- Mentioned in Articles 214 to 232 (Part 6) of the Constitution.
- High Court is the highest court at the state level.
- Each High Court has a Chief Justice + other judges appointed by the President.
- The number of judges can be increased as per requirement.
- At present, India has 24 High Courts.
✅ Qualifications of High Court Judges
- Must be a citizen of India.
- Must have been a Judge of High Court for at least 5 years, OR an Advocate for 10 years in one/more High Courts, OR recognized as a distinguished jurist (पारंगत विधिवेत्ता) by the President.
⏳ Tenure of Judges
- Judges of Supreme Court (including Chief Justice) retire at the age of 65 years.
⚖️ Jurisdiction of Supreme Court
🔹 Original Jurisdiction (मौलिक क्षेत्राधिकार)
- Some cases are directly heard in the Supreme Court without going to lower courts.
- Includes Centre-State disputes.
🔹 Writ Jurisdiction (रिट संबंधी क्षेत्राधिकार)
- To protect Fundamental Rights, the Court issues writs (विशेष आदेश).
- High Courts also have this power.
🔹 Appellate Jurisdiction (अपीली क्षेत्राधिकार)
- Supreme Court is the highest court of appeal.
- Cases from High Court can be appealed here with a certificate of appeal.
🔹 Advisory Jurisdiction (सलाह संबंधी क्षेत्राधिकार)
- The Supreme Court also gives advice (परामर्श) to the President on legal matters.
📌 Quick Recap (सारांश)
- Judiciary = Independent & impartial protector of law and Constitution ⚖️
- Supreme Court established in 1950, top of judicial pyramid 🏛️
- Judges appointed by President, removed only by impeachment ❌
- Ensures protection of Fundamental Rights ✅
⚖️ Special Powers & Functions of Judiciary
🌟 Special Leave Petition (विशेषाधिकार)
- Appeals can be filed against any judgment of an Indian court through a Special Leave Petition (SLP – विशेष अनुमति याचिका).
- In India, the main tool of Judicial Activism (न्यायिक सक्रियता) has been Public Interest Litigation (जनहित याचिका) or Social Action Litigation (सामाजिक व्यवहार याचिका).
- Since 1979–80, judges started taking up cases where weaker sections of society could not approach courts easily.
- For this purpose, courts allowed public-spirited citizens, social organizations, and lawyers to file petitions on behalf of the needy and poor.
- Judicial activism made the judicial system more democratic (लोकतांत्रिक) and forced the Executive (कार्यपालिका) to become accountable.
- It also tried to make the election system freer and fairer.
- The Supreme Court directed candidates to submit an affidavit (शपथ पत्र) declaring their property, income, and educational qualifications so that voters could make informed choices.
🏛️ Appellate Jurisdiction (अपीलीय क्षेत्राधिकार)
- Hearing appeals from civil, criminal, and constitutional cases decided by subordinate courts.
🗣️ Advisory Jurisdiction (सलाहकारी क्षेत्राधिकार)
- The Supreme Court advises the President of India on matters of public interest (जनहित) and important legal questions (कानूनी मसले).
⚖️ Functions of the Supreme Court of India
- Its judgments are binding on all courts in India.
- It can transfer judges of High Courts.
- It can withdraw any case from a lower court.
- It can transfer cases from one High Court to another.
🏛️ Functions of High Court
- Hears appeals against decisions of subordinate courts (निचली अदालतें).
- Can issue writs to restore Fundamental Rights.
- Decides cases falling under the jurisdiction of the state (राज्य का क्षेत्राधिकार).
- Supervises and controls subordinate courts under it.
🏢 Functions of District Court
- Hears cases filed within the district.
- Listens to appeals against decisions of lower courts.
- Decides serious criminal cases (गंभीर आपराधिक मामले).
⚠️ Negative Aspects of Judicial Activism
- Increased workload (काम का बोझ) on the judiciary.
- Blurred the distinction between the roles of Legislature, Executive, and Judiciary.
- Example: Issues like air & noise pollution, corruption investigation, and election reforms are administrative matters but taken up by judiciary.
- Each organ of government must respect the powers & jurisdiction of the other.
🔎 Judicial Review (न्यायिक पुनरावलोकन)
- Judicial Review means the Supreme Court can examine the constitutionality (संवैधानिकता) of any law.
- If a law is against the provisions of the Constitution, it can be declared unconstitutional (गैर-संवैधानिक).
- In Centre-State disputes, the Supreme Court also exercises judicial review.
- Judiciary interprets laws passed by the Legislature and ensures effective protection of the Constitution.
- It protects the rights of citizens (नागरिकों के अधिकार).
- Public Interest Litigations (PILs) further strengthened the power of the judiciary in protecting citizens’ rights.
📌 Quick Recap (सारांश)
- Judiciary has special powers like SLP, Judicial Review & PILs ⚖️
- Supreme Court = Apex body 🏛️, binding authority over all courts.
- High Court = State’s highest court, supervises lower courts.
- District Court = Decides local cases.
- Judicial Activism → Strengthened democracy, but also created burden & role overlap.
⚖️ Judiciary and Parliament (न्यायपालिका और संसद)
🌟 Relation between Judiciary & Parliament
- The Indian Constitution defines a clear separation of powers (कार्य विभाजन) among the three organs of government – Legislature (संसद), Executive (कार्यपालिका), and Judiciary (न्यायपालिका).
- Despite this separation, conflicts (टकराव) between Parliament & Judiciary, and between Executive & Judiciary, have been a regular feature of Indian politics.
- Major issues of conflict include:
- Right to Property (संपत्ति का अधिकार).
- Parliament’s power to amend the Constitution (संविधान संशोधन करने की शक्ति).
- Whether Fundamental Rights (मौलिक अधिकार) can be restricted by laws such as Preventive Detention Laws (निवारक नजरबंदी कानून).
- Reservation laws (आरक्षण संबंधी कानून) in jobs and education.
📜 Supreme Court’s Historic Judgment – 1973
- Declared that the Constitution has a Basic Structure (मूल ढांचा) which cannot be altered by Parliament or even through Constitutional Amendments.
- On the Right to Property, the Court held that it is not part of the Basic Structure and hence reasonable restrictions can be imposed.
- The Court reserved with itself the power to decide whether any issue is part of the Basic Structure or not.
- This is the best example of Judicial Interpretation (संविधान की व्याख्या करने की शक्ति).
⚔️ Areas of Conflict
- Disputes between Parliament and Judiciary have been frequent.
- Constitution prohibits discussion in Parliament about the conduct of judges (न्यायधीशों का आचरण), but at times criticisms have been made.
- Similarly, Judiciary has also criticized Legislature on several occasions.
🏛️ Importance of Mutual Respect
- In a democracy (लोकतंत्र), it is essential that each organ of government respects the powers of the other.
- Harmony between Parliament, Executive, and Judiciary ensures the smooth functioning of the democratic system.
📌 Quick Recap (सारांश)
- Judiciary vs Parliament conflicts → mainly on property rights, constitutional amendments & reservation laws.
- 1973 SC Judgment (Kesavananda Bharati case) → Basic Structure cannot be amended.
- Judges’ conduct not to be discussed in Parliament, but mutual criticism still happens.
- Democracy requires mutual respect & balance of power ⚖️.
