THE JUDICIARY SYSTEM IN INDIA

• What is the Judiciary?
• The Judiciary in India refers to the system of courts that interprets laws, settles disputes, and protects the rights of individuals as guaranteed by the Constitution of India.
• It acts as a guardian of the Constitution and plays a critical role in maintaining the rule of law.
• Constitutional Basis:
• The Indian Judiciary derives its authority from Part V, Chapter IV of the Indian Constitution (Articles 124 to 147).
• The Judicial Review power, which allows the judiciary to assess the constitutionality of laws, is a cornerstone of the system.
• Independence of Judiciary:
• One of the most important features of the Indian Judiciary is its independence. This is ensured through provisions like security of tenure, non-interference by the executive, and adequate financial autonomy.

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2. Structure of the Indian Judiciary

• Supreme Court of India (SC)
• The Supreme Court is the highest judicial authority in India and is the ultimate appellate court.
• Composition: The Supreme Court consists of the Chief Justice of India (CJI) and other judges (maximum of 34 judges as per Article 124).
• Jurisdiction:

1. Original Jurisdiction: Cases involving disputes between states or the central government and states.
2. Appellate Jurisdiction: It hears appeals from lower courts (High Courts) and tribunals.
3. Advisory Jurisdiction: The President can seek advice on legal matters.
4. Writ Jurisdiction: The SC can issue writs to protect fundamental rights.

• High Courts
• High Courts are the highest judicial authorities in each state or group of states, functioning under the Supreme Court.
• Jurisdiction: They have original jurisdiction in certain cases and appellate jurisdiction for cases from lower courts.
• The number of High Courts in India is 25, each having its own Chief Justice and other judges.
• District Courts and Subordinate Courts
• District Courts are the principal civil courts in each district, headed by a District Judge.
• Subordinate Courts include Civil Courts, Criminal Courts, Family Courts, and Labour Courts that handle cases of various legal matters.
• Magistrates Courts handle criminal cases at a local level.

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3. Functions and Powers of the Judiciary

• Judicial Review:
• Judicial Review refers to the power of the judiciary to review the constitutionality of laws passed by the legislature and actions taken by the executive. If a law is found to be unconstitutional, the judiciary can strike it down.
• Interpretation of the Constitution:
• The judiciary is responsible for interpreting the Constitution of India. This includes determining the scope of Fundamental Rights and resolving conflicts between the legislature, executive, and judiciary.
• Protection of Fundamental Rights:
• One of the core functions of the judiciary is to safeguard the Fundamental Rights of individuals as laid down in Part III of the Constitution. It can issue writs to ensure that rights are not violated.
• Public Interest Litigation (PIL) has further extended the access to justice, allowing any person to approach the court on behalf of the public for the enforcement of fundamental rights.
• Dispute Resolution:
• The judiciary resolves disputes between individuals, between individuals and the state, and between states. This function ensures rule of law in society.

4. Judicial Independence and Accountability

• Independence of Judiciary:
• The independence of the judiciary is vital to ensuring fair and impartial justice. The judiciary must be free from any external pressures, particularly from the executive and legislature.
• Security of Tenure: Judges of the Supreme Court and High Courts are appointed for a term of office of six years (for High Courts) or until the age of 65 years (for Supreme Court), ensuring they are not easily removed.
• Financial Independence: The judiciary is funded by the Consolidated Fund of India, and its salaries and allowances cannot be reduced during their tenure.
• Judicial Accountability:
• While independence is crucial, judicial accountability is equally important. Judges can be removed by impeachment if they are found guilty of misbehavior or incapacity (Article 124(4)).
• Judicial Standards and Accountability Bill: Proposals for reforms in judicial accountability, such as a mechanism for handling complaints against judges, have been discussed in India.
• Code of Conduct for Judges: The judiciary itself maintains a code of conduct to ensure its impartiality and accountability.

5. Appointment of Judges

• Supreme Court Judges:
• Judges are appointed by the President of India. The Chief Justice of India (CJI) and a collegium of senior judges recommend the appointments.
• The collegium system is often debated for lack of transparency.
• High Court Judges:
• Similarly, High Court judges are appointed by the President, but the process involves recommendations from the Chief Justice of the High Court, state governors, and the CJI.
• Judicial Appointments Commission (JAC):
• The National Judicial Appointments Commission (NJAC) was established by the 99th Constitutional Amendment Act (2014) to make judicial appointments more transparent. However, it was struck down by the Supreme Court in 2015 as unconstitutional, reinstating the collegium system.

6. Judicial Reforms in India

• Need for Judicial Reforms:
• The Indian judiciary faces challenges such as delays in justice, backlog of cases, and lack of transparency.
• Suggestions for Reform:

1. Filling Vacancies: Ensuring timely appointment of judges to reduce the backlog of cases.
2. E-Courts and Technology: Emphasizing the use of technology for case management, e-filing, and virtual hearings.
3. Alternate Dispute Resolution (ADR): Encouraging methods like mediation and arbitration to resolve disputes outside courts.
4. Reforming the Collegium System: Calls for greater transparency in judicial appointments and accountability mechanisms.

• National Judicial Data Grid (NJDG): This initiative aims at digitalizing the judicial process and making court proceedings and case data more accessible to the public.

7. Landmark Cases and Judicial Activism

• Judicial Activism:
• Judicial activism refers to the judiciary’s proactive role in interpreting the Constitution and laws to address socio-political issues.
• Landmark cases include:

1. Kesavananda Bharati Case (1973): Established the Basic Structure Doctrine, ensuring that the Constitution's basic principles cannot be altered by the Parliament.
2. Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21 (Right to Life and Liberty).
3. Vishakha v. State of Rajasthan (1997): Formed guidelines for preventing sexual harassment at the workplace.
4. Right to Privacy Judgment (2017): Declared Right to Privacy as a fundamental right under Article 21.

• Public Interest Litigation (PIL):
• PILs have been instrumental in bringing attention to issues affecting the public, such as environmental protection, human rights, and governance.

8. Judiciary and Its Role in Indian Democracy

• Guardian of the Constitution: The judiciary ensures that all laws and government actions comply with the Constitution, protecting citizens' rights.
• Checks and Balances: It acts as a check on the executive and legislature, ensuring that their powers are not misused.
• Access to Justice: The judiciary plays a crucial role in ensuring justice for all, particularly the marginalized, through PILs and expanding the scope of fundamental rights.

9. Relevance to UPSC

• Preliminary Exam:
• Questions on the structure, powers, and functions of the judiciary are often asked in the Indian Polity section.
• Mains Exam:
• The judiciary is a major topic under General Studies Paper II (Governance, Constitution, Polity, Social Justice and International relations).
• Questions can focus on judicial reforms, judicial review, or specific landmark cases.
• Essay Paper:
• Topics related to judicial independence, justice delivery systems, and the role of the judiciary in democracy may appear in the essay section.

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10. Conclusion

The Judiciary in India plays an indispensable role in upholding democratic values, rule of law, and human rights. It acts as the final arbiter in legal disputes and ensures that the Constitution remains the supreme law of the land. Understanding the structure, functions, challenges, and reforms of the judiciary is essential for UPSC aspirants, as it forms a critical part of the Indian Polity and the governance framework