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Judiciary
The judiciary is a system of courts and judges that interprets, defends, and applies the law in legal cases
In other words it's a organ of government which deals with justice .png)
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We all know judiciary is independent but
Why do we need an independent judiciary?
We live in a society → disputes are bound to arise
supremacy of law should be there- So that decision doesn't favour any one
So there should be some independent institution that safeguard rights of individual
Independence of judiciary
Simply stated independence of judiciary means that
1. the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.
2. the other organs of the government should not interfere with the decision of the judiciary.
3. judges must be able to perform their functions without fear or favour
In the constitution number of measures ensure independence of judiciary
- Legislature is not involved in appointment of judges
- To be appointed he must have experience as lawyer or well versed in law
- Judges have a fixed term
- Only in exceptional case they are removed otherwise they have security of tenure
- Constitution prescribe a difficult process of removal of the judges
- Judiciary is not financially dependent
- Constitution provides that salary and allowance of judges are not subjected to approval of legislature
- Parliament cannot discuss the conduct of judges except when the proceedings to remove the judge is being carried out
Appointment of judges
- It's a part of political process
- Council of ministers, governor, chief minister, chief justice of India all influence judges appointment
- Appointment of cji
- over the years, a convention had developed whereby the senior-most judge of the Supreme Court was appointed as the Chief Justice of India.
- This convention was however broken twice. In 1973 A. N. Ray was appointed as CJI superseding three senior Judges.
- Again, Justice M.H. Beg was appointed superseding Justice H.R. Khanna (1975).
- The other judges are appointed by the president after consulting cji
- Role of cji in appointment of judges
- Initially, the court felt that role of the Chief Justice was purely consultative.
- Then it took the view that the opinion of the Chief Justice must be followed by the President.
- Finally, the Supreme Court has come up with a novel procedure: it has suggested that the Chief Justice should recommend names of persons to be appointed in consultation with four senior-most judges of the Court.
- Thus, the Supreme Court has established the principle of collegiality in making recommendations for appointments
Removal of judges
- A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehaviour or incapacity.
- A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament
- while in making appointments, the executive plays a crucial role; the legislature has the powers of removal. This ensures balance of power
Unsuccessful Attempt to Remove Justice V. Ramaswami (1991-1992)
1. Background:
• In 1991, a motion to remove Justice V. Ramaswami from the Supreme Court was initiated, signed by 108 MPs.
• The charges related to misappropriation of funds during his tenure as the Chief Justice of the Punjab and Haryana High Court.
2. Inquiry Commission Findings:
• In 1992, a Supreme Court-led inquiry commission found him guilty of:
Willful and gross misuse of office.
Moral turpitude by using public funds for personal purposes.
Reckless disregard for statutory rules.
3. Outcome:
• Despite the strong indictment, Justice Ramaswami avoided removal because:
► The motion received the required two-thirds majority from members present and voting.
► However, the Congress Party abstained from voting, causing the motion to fall short of the required majority of the total strength of the House.
4. Result:
• The motion failed, and Justice V. Ramaswami retained his position despite the allegations and findings against him.
Structure of judiciary
We have single integrated judiciary 
Jurisdiction of supreme court 
Source: ncert
1. Original Jurisdiction:
• Definition: Cases that can be directly filed in the Supreme Court without going through lower courts.
• Scope: Includes disputes involving federal relations:
- Between the Union and States.
- Among States themselves.
• Role: Acts as an umpire in federal disputes and interprets the Union-State powers as defined in the Constitution.
• Exclusive Power: Only the Supreme Court can handle such cases; High Courts and lower courts have no authority.
2. Writ Jurisdiction:
• Purpose: Protects fundamental rights.
• Scope:
• Any individual whose rights are violated can directly approach the Supreme Court for remedies through writs.• The High Courts can also issue writs, giving individuals the choice to approach either court.
• Orders to the Executive: The Court can direct the executive to act or refrain from specific actions.
3. Appellate Jurisdiction:
• Definition: Supreme Court reviews decisions of lower courts to ensure proper interpretation of law or Constitution.
• Scope:
• Appeals from High Court require certification that the case involves serious legal or constitutional questions.• Appeals in criminal cases, particularly death sentences, can also be made.
• Powers: The Supreme Court can admit appeals even if not certified by the High Court.
• Role:
• Can overturn lower court rulings.• Provides new interpretations of the law or Constitution.
• High Court Role: Has appellate jurisdiction over subordinate courts.
4. Advisory Jurisdiction:
• Definition: The President can refer questions of public importance or constitutional interpretation to the Supreme Court for advice.
• Discretion:
• The Supreme Court is not obligated to provide advice.• The President is not bound to act on the advice.
• Utility:
• Helps the government seek legal opinions before taking action, reducing potential litigations.• Allows the government to modify policies or legislation based on the Court's advice.
Article 137
…….. the Supreme Court shall have power to review any judgment pronounced or order made by it.
Article 144
…… All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.
Judicial activism
Introduction to PIL:
1. Definition:
• Public Interest Litigation (PIL), also called Social Action Litigation (SAL), allows individuals or groups to file cases on behalf of others, especially for public interest issues.
• This departs from the traditional practice where only personally aggrieved individuals could approach the courts.
2. Emergence (1979):
• First Case: The Supreme Court heard a case filed by others on behalf of the aggrieved.
• Expanded to issues like prisoners' rights, environmental protection, and conditions of the poor.
• The judiciary began considering cases based on newspaper reports or postal complaints.
3. Significance:
• PIL became the main vehicle of judicial activism, empowering courts to protect societal rights like clean air, unpolluted water, and decent living conditions.
Landmark PIL Cases:
1. Hussainara Khatoon vs. Bihar (1979):
• Highlighted the plight of undertrial prisoners in Bihar who spent more time in jail than their maximum punishment terms.
• Initiated judicial intervention to uphold the rights of the poor.
2. Sunil Batra vs. Delhi Administration (1980):
• Originated from a handwritten note by a Tihar jail inmate about prisoner abuse.
• Supreme Court turned the note into a petition, emphasizing prisoners' rights.
3. Bandhua Mukti Morcha vs. Union of India (1984):
• Justice Bhagwati stressed the need for a different judicial approach for the poor and underprivileged, as traditional adversarial procedures could prevent them from enforcing their fundamental rights.
Impact of Judicial Activism:
1. Democratisation of the Judicial System:
• Made courts accessible to individuals, groups, and social organizations for justice.
• Expanded the judiciary's role in addressing societal issues.
2. Executive Accountability:
• Forced the executive to act responsibly and implement laws effectively.
3. Electoral Reforms:
• Mandated candidates contesting elections to disclose assets, income, and educational qualifications, ensuring transparency for voters.
Criticism of Judicial Activism:
1. Overburdening Courts:
• The rise in PILs has increased the workload of the judiciary.
2. Blurring Separation of Powers:
• Judicial activism has encroached on the roles of the executive and legislature, handling issues like:
► Pollution control, corruption investigations, and electoral reforms-traditionally the responsibilities of the administration and legislatures.
3. Delicate Balance Among Organs:
• Critics argue that judicial activism can strain the democratic principle of maintaining separate powers for the judiciary, executive, and legislature.
Judiciary and rights
1. Protection of Rights:
• The judiciary protects individual rights by issuing writs like Habeas Corpus and Mandamus under Article 32 (Supreme Court) and Article 226 (High Courts).
• It can declare laws unconstitutional under Article 13 if they violate fundamental rights or the federal distribution of powers.
2. Judicial Review:
• Though not explicitly mentioned in the Constitution, judicial review empowers courts to assess the constitutionality of laws.
• It applies to central and state laws that conflict with fundamental rights or the federal structure.
• Judicial review strengthens the judiciary's role as the Constitution's protector and interpreter.
3. Impact of Judicial Review:
• It ensures that the legislature's laws and executive actions align with constitutional principles.
• Combined with writ powers, it makes the judiciary powerful in safeguarding citizens' rights.
4. Role of PILs:
• PILs have expanded the judiciary's power, enabling it to address rights violations for marginalized groups and society at large.
Judiciary and Parliament
1. Judicial Activism:
• The judiciary has addressed executive accountability and constitutional subversion through interventions in high-profile cases like the Hawala case and illegal petrol pump allotments.
• It has directed executive agencies such as the CBI to take action in cases involving corruption and public interest.
2. Separation of Powers:
• The Constitution defines a clear division: Parliament makes laws, the executive implements them, and the judiciary interprets and settles disputes.
• However, conflicts among these organs have been recurrent, particularly between Parliament and the judiciary.
3. Parliament vs. Judiciary Conflicts:
• Issues like the right to property, land reforms, preventive detention, and compensation for acquired property led to debates over:
► The scope of fundamental rights and private property.► Parliament's power to amend the Constitution and restrict fundamental rights.► Balancing directive principles with fundamental rights.
4. Kesavananda Bharati Case (1973):
• The Supreme Court established the basic structure doctrine, ruling that:
►Parliament cannot amend the Constitution in a way that violates its basic structure.► Right to property is not part of the basic structure and can be amended.
• This decision redefined Parliament-judiciary relations, granting the judiciary the authority to interpret what constitutes the basic structure.
5. Post-Kesavananda Bharati Conflicts:
• Judiciary's intervention in legislative matters:
► The judiciary has questioned legislative actions and directed legislatures on their conduct, which legislatures see as infringing on parliamentary sovereignty.Examples include judiciary instructions on legislative business and legislative privilege breaches.
• Legislative criticism of judiciary: Instances of legislatures criticizing judicial functioning have strained the relationship further.
6. Delicate Balance:
• Democratic governance requires mutual respect among the three organs of government.
• Judicial activism and intervention, while ensuring accountability, have occasionally strained the balance of powers.
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