JUDICIARY

Judiciary: An Overview

The judiciary, a key branch of government, serves not just as an arbitrator in individual disputes but also plays a vital role in the political landscape. In India, the Supreme Court is one of the most powerful judicial bodies in the world, significantly involved in interpreting laws and protecting the Constitution since its establishment in 1950. This chapter elucidates the judiciary's importance in safeguarding individual rights, its independence from political interference, and its complex relationship with Parliament.

Importance of an Independent Judiciary

Concept of Independence

An independent judiciary is essential for maintaining the rule of law, meaning that laws apply equally to all individuals, irrespective of their social status. The primary functions of an independent judiciary include:

• Protecting Fundamental Rights: Guardians of citizens’ rights against any infringements.
• Settling Disputes: Resolving conflicts lawfully and impartially without political influence.
• Maintaining Democracy: Preventing any form of dictatorship that can arise from the concentration of power.

Ensuring Independence

The Constitution of India secures the independence of the judiciary through:

1. Appointment Process: Judges are appointed without legislative involvement to minimize political bias.
2. Security of Tenure: Judges hold office until retirement age, and removal is cumbersome, ensuring they are protected from arbitrary dismissal.
3. Financial Independence: Judges' salaries and allowances are not subject to legislative approval, which shields them from external influence.
4. Contempt Powers: Courts can penalize actions that threaten the judiciary's authority, preventing undue criticism of judges.

Structure of the Indian Judiciary

India's judiciary follows a unified, pyramidal structure comprising:

• Supreme Court: The apex court; has the final authority and can hear appeals on significant constitutional matters.
• High Courts: Operate at the state level with the power to issue writs and hear appeals from lower courts.
• District and Subordinate Courts: Handle civil and criminal cases at local levels.
  The Supreme Court’s jurisdiction is classified into three main types:

1. Original Jurisdiction: Cases that can be initiated directly in the Supreme Court, such as disputes between states or between the Union and states.
2. Appellate Jurisdiction: The Supreme Court reviews lower court decisions, focusing on significant legal interpretations.
3. Advisory Jurisdiction: Provides legal opinions to the President on matters of public interest.

Judicial Activism

Judicial activism refers to the judiciary's proactive role in protecting rights, often through Public Interest Litigation (PIL), which allows individuals or groups to file cases on behalf of those whose rights are violated, thereby expanding the scope of rights in society. It has changed the traditional approach to justice by addressing systemic issues based on broader public interest rather than individual grievances.
Examples of significant PIL cases include:

• Hussainara Khatoon vs. State of Bihar (1979): Highlighted the plight of under-trial prisoners in India.
• Sunil Batra vs. Delhi Administration (1980): Addressed human rights violations in prisons.
  This active involvement encourages accountability among governmental bodies and fosters a more just society, although it raises concerns about potential overreach into executive and legislative domains.

Relationship Between Judiciary and Parliament

The judiciary maintains a delicate balance with Parliament, primarily in the areas of constitutional interpretation and rights. Key issues include:

• Judicial Review: The power of the judiciary to declare laws unconstitutional if they conflict with fundamental rights or the Constitution’s basic structure.
• Conflicts: Notable cases, like the Kesavananda Bharati case (1973), established that Parliament cannot amend the Constitution’s basic structure.
  This relationship illustrates the necessity of checks and balances in a democracy, ensuring neither branch exceeds its authority.

Conclusion

In summary, the judiciary plays a crucial role in Indian democracy by interpreting laws, protecting citizens’ rights, and ensuring governmental accountability. The independence of the judiciary fosters public trust in justice while allowing for necessary checks on legislative power. The dynamic between the judiciary and Parliament continues to evolve, highlighting the intricate interplay of authority within government frameworks.

Understanding the judiciary's role is vital for grasping how rights are defended and ensuring good governance in India.

1. The Judiciary is a vital institution for maintaining rule of law and protecting fundamental rights.
2. Independence of Judiciary means it operates without political interference from the executive or legislature.
3. The Supreme Court is the apex of the judicial hierarchy in India and has the authority to interpret the Constitution.
4. Public Interest Litigation (PIL) empowers citizens to seek justice on behalf of the marginalized.
5. The relationship between the Judiciary and Parliament involves crucial interactions related to constitutional interpretation.
6. The appointment and removal of judges are structured to ensure judicial independence and prevent arbitrary dismissals.
7. The judiciary has the power of judicial review, allowing it to declare laws unconstitutional.
8. Judicial Activism has expanded the scope of fundamental rights and enhanced accountability in governance.
9. The judiciary must maintain a balance of power with Parliament to uphold democratic principles.
10. Cases like Kesavananda Bharati established the limits of Parliament's power to amend the Constitution.