Omar Bennett
The Indian judiciary is the system of courts that interpret and apply the law in the Republic of India. It is considered the guardian of the Indian Constitution as it has the power to interpret the Constitution and protect the fundamental rights of the people. The judiciary is expected to remain unaffected by pressures exerted by other branches of the government, citizens or interest groups. The independence of the judiciary is a basic and inalienable feature of the Constitution. The Supreme Court of India, which came into existence on January 26, 1950, is the apex judicial body that acts as the interpreter and guardian of the Constitution.
| Characteristics | Values |
|---|---|
| Role | Interprets the law, settles disputes and administers justice to all citizens |
| Powers | Interprets the Indian Constitution, settles disputes between the centre and states, acts as an arbiter of disputes between states, protects the fundamental rights of the people, balances the exercise of power between the centre and a state or among states, performs judicial review |
| Independence | Judges are appointed by the President and cannot be removed from office once appointed unless a two-thirds majority of members of any Houses of Parliament back the move on grounds of misconduct or incapacity |
| Structure | Structured in three levels with subsidiary parts: Supreme Court, High Courts, and District and Session Courts |
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What You'll Learn
The judiciary's role in interpreting the law
The judiciary plays a crucial role in interpreting the law in India. The Indian judiciary is structured into three levels: the Supreme Court, the High Courts, and the subordinate courts. The Supreme Court is the highest court and acts as the final court of appeal for all civil and criminal cases in India. It is established by the Constitution as a federal court and is mentioned in Article 124 of the Indian Constitution. The Supreme Court has three types of jurisdictions: original, appellate, and advisory.
The independence of the judiciary is a basic feature of the Constitution. The Constitution provides for the appointment and removal of judges, ensuring their independence. Judges of the Supreme Court are appointed by the President of India, who selects from a list recommended by the collegium system. Once appointed, a Supreme Court judge cannot be removed from office unless there is a two-thirds majority of members of the Parliament backing the move on grounds of misconduct or incapacity.
Overall, the judiciary in India has a vital role in interpreting the law and ensuring that the Indian Constitution is upheld and protected. The independence and impartiality of the judiciary are crucial to its function as the guardian of the Constitution and the administrator of justice.
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The independence of the judiciary
The judiciary's independence is protected through various mechanisms. Firstly, the appointment process for judges is designed to ensure their independence. Supreme Court judges are appointed by the President, who chooses from a list recommended by the collegium system, rather than from names suggested by a minister. To be appointed, an individual must have certain qualifications and experience or be considered a distinguished jurist by the President. This appointment process aims to select individuals of the highest integrity who can uphold the independence of the judiciary.
Once appointed, Supreme Court and High Court judges have life tenure and can only be removed from office in exceptional circumstances. A Supreme Court judge can only be removed by an order of the President, passed after an address in each House of Parliament, supported by a two-thirds majority on grounds of misconduct or incapacity. This removal process reinforces the judiciary's independence by making it difficult to remove judges arbitrarily.
The judiciary's independence is also reflected in its power to interpret and apply the law without interference from other branches of government. The Supreme Court, as the highest court in India, acts as the final interpreter of the Constitution and can conduct judicial reviews to invalidate any law or executive order that violates the Constitution. This power enables the judiciary to safeguard the fundamental rights of citizens and maintain a balance between the centre and state governments or between different branches of government.
Additionally, the judiciary's independence is enhanced by its administrative and advisory functions. The courts handle non-judicial tasks such as granting licenses, administering estates, and appointing guardians, which further distances their operations from direct interference by other government branches. The Supreme Court also provides advisory opinions on constitutional matters when requested by the executive, demonstrating its autonomy and expertise in interpreting the Constitution.
In conclusion, the independence of the judiciary in India is a fundamental aspect of the country's democratic system. The judiciary's ability to function without interference from other branches of government is crucial for upholding the rule of law, protecting citizens' rights, and maintaining a check and balance on governmental powers. The various safeguards in place, such as the appointment and removal processes for judges and the judiciary's interpretive authority, ensure that India's judiciary remains independent and impartial in its role as the guardian of the Constitution.
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The appointment and removal of judges
The judiciary in India is considered the guardian of the Indian Constitution because it has the power to interpret the Indian Constitution and protect the fundamental rights of the people. The Constitution of India provides a concept for a single and unified judiciary in the country. The judiciary is structured into three levels: the Supreme Court, the High Courts, and the subordinate courts.
Appointment of Judges
The appointment of judges to the Supreme Court and High Courts is reflective of the separation of powers between the three wings of the State. The President appoints the judges of the Supreme Court and High Courts. The Chief Justice of India is appointed by the President, in consultation with the judges of the Supreme Court and the High Courts. The Chief Justice of a High Court is appointed by the President, in consultation with the Chief Justice of India and the Governor of the state.
The current system of appointment of judges is primarily controlled by the Judiciary itself through the Collegium System, which ensures that senior members of the Higher Judiciary are directly involved in the appointment of Judges to the Higher Judiciary with minimal to no interference from the Legislature or the Executive. The Collegium consists of the four senior-most judges of the Supreme Court, excluding the Chief Justice of India. The Collegium makes recommendations to the President, who then customarily accepts them and appoints the recommended persons as judges. The Chief Justice of India must transmit his opinion, as well as the opinion of all concerned, to the Government of India as part of the record. The Union Minister of Law, Justice, and Company Affairs then puts up the recommendations to the Prime Minister, who advises the President in the matter of the appointment.
The process for the appointment of judges of the Supreme Court was streamlined in the Third Judges Case of 1998. The appointment of acting Chief Justice is to be made by the President under Article 126 of the Constitution. In the case of a vacancy, the senior-most available Judge of the Supreme Court will be appointed to perform the duties of the Chief Justice of India.
Removal of Judges
The process of removal of judges rests entirely with the Parliament, acting as a measure for checks and balances within the wings of the State. Judges of the Supreme Court and High Courts are removed by the President upon the impeachment of the judge by the Parliament. The Parliament may impeach a sitting judge on grounds of proved misbehaviour and incapacity. The motion to impeach a judge must be passed by a two-thirds majority of the members of both Houses of the Parliament. The procedure for removal is difficult, and judges cannot be removed during their tenure except on these grounds.
The Judges Enquiry Act, 1968, provides the detailed procedure for the removal of judges. The salaries of the Judges and the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India and are not subject to the vote of Parliament.
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The advisory and administrative functions of the judiciary
The Indian judiciary is a robust and proactive system of courts that interpret and apply the law in the Republic of India. It is a vital organ of governance that plays an active and indispensable role in the country's administration. The judiciary acts as the guardian of the Indian Constitution, protecting the fundamental rights of the people and ensuring that no organ of the state infringes upon them. It also maintains the balance of power between the centre and state and among states. The independence of the judiciary is a crucial feature of the Constitution, safeguarding it from pressures exerted by other branches of government, citizens, or interest groups.
The judiciary also undertakes administrative functions, including the management of court affairs, such as organising and functioning. It establishes rules governing judicial administration and personnel, such as the National Judicial Pay Commission (NJPC), which determines the pay scale, allowances, and facilities for subordinate judiciaries. The judiciary is responsible for the appointment of court officials, handling licenses and copyrights, and settling succession disputes. It also administers estates, registers marriages, and appoints guardians for minor children and incapacitated adults. These administrative tasks ensure the smooth operation of the judicial system and provide essential services to citizens.
Additionally, the judiciary plays a supervisory role by overseeing the functioning of subordinate courts and ensuring compliance with legal procedures. It conducts judicial inquiries, investigating government errors or public servant misconduct, thereby ensuring accountability in governance. The judiciary's independence allows it to act as a watchdog, scrutinising the acts of the legislature and executive to prevent overstepping the bounds set by the Constitution. This supervisory function is crucial in maintaining the separation of powers and upholding the rule of law.
The Indian judiciary's advisory and administrative functions contribute to its role as the guardian of the Constitution and the administrator of justice. By providing advice, interpreting laws, resolving disputes, and ensuring compliance with legal procedures, the judiciary actively safeguards the rights of citizens and upholds the principles enshrined in the Indian Constitution.
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The judiciary's role in settling disputes
The judiciary in India is structured into three levels: the Supreme Court, the High Courts, and the District and Session Courts. The Supreme Court is the highest court and acts as the final court of appeal for all civil and criminal cases in India. The High Courts are the top judicial courts in individual states, and the District and Session Courts are the subsidiary courts under the management of the High Courts. The judiciary's chief function is to apply the law to specific cases and settle disputes.
When a dispute is brought before the courts, the judiciary determines the facts involved by examining the evidence presented by the parties involved. The applicable law is then identified and applied to the case. If someone is found guilty of violating the law, the court will impose a penalty. In cases where it is challenging to select the appropriate law, judges use their wisdom and common sense to decide on the relevant law.
The judiciary also plays a crucial role in settling disputes between the central government and state governments or between different states. This function is particularly important in a federal system like India's, where conflicts of jurisdiction arise. The judiciary acts as an arbiter in these disputes, ensuring that no branch of the government, including the executive and the legislature, interferes with its functioning.
The judiciary is also responsible for safeguarding the fundamental rights of individuals. It ensures that these rights are not infringed upon by the state or any other agency. This role is known as 'judicial review', where the judiciary examines and declares any law or executive order that violates the Constitution as unconstitutional or null and void.
Additionally, the judiciary has advisory and administrative functions. In the absence of disputes, the Supreme Court can provide advisory opinions on constitutional matters when desired by the executive. Administratively, the courts may grant licenses, administer estates, appoint receivers, register marriages, and appoint guardians for minors and incapacitated individuals.
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Frequently asked questions
The judiciary interprets the law, settles disputes, and administers justice to citizens. It is the only branch of the government that can interpret the Indian Constitution and has the power to invalidate legislations or government actions that violate it.
The Supreme Court is the highest court in India and acts as the guardian of the Constitution. It settles disputes between the centre and states and acts as an arbiter of disputes between states. It also has the power of Judicial Review, which allows it to check on the executive and legislative branches and declare any law or executive order that violates the Constitution as null and void.
The independence of the judiciary is a basic feature of the Indian Constitution. Judges of the Supreme Court are appointed by the President and cannot be removed from office once appointed unless there is a two-thirds majority in the Parliament to back the move on grounds of misconduct or incapacity.
The judiciary of India is structured into three levels. The Supreme Court is the highest court, followed by the High Courts in each state or group of states. Under the administration of each High Court are the District Courts. Village/Panchayat Courts also function in some states to decide civil and criminal disputes of a petty and local nature.
