Why do we need an independent judiciary?
The judiciary settles disputes between citizens, between citizens and government, and between governments. It also protects the rule of law, rights and the Constitution. For this it must be independent: other organs must not interfere with its decisions. Independence does not mean judges answer to no one; they follow the Constitution and can be removed for misbehaviour.
How independence is protected
- Appointment: judges of the Supreme Court and High Courts are appointed by the President, but on the recommendation of a group of senior judges called the collegium (since the 1990s). The senior-most judge usually becomes Chief Justice. Legislators have no say, so politics is kept out.
- Security of tenure: judges serve till 65 (Supreme Court) or 62 (High Court).
- Removal is very hard: only for proven misbehaviour or incapacity, by a special majority in both houses of Parliament (like impeachment). No Supreme Court judge has ever been removed this way.
- Financial independence: salaries are charged on the Consolidated Fund of India, not voted by Parliament, and cannot be cut to their disadvantage.
- Protection from criticism: their decisions and conduct cannot be discussed in Parliament except during removal, and courts can punish contempt of court.
Structure of the judiciary
India has a single, integrated judiciary: unlike some federations, there are not separate central and state court systems.
- Supreme Court: top court for the whole country; its decisions bind all courts; it can transfer cases and judges between High Courts.
- High Courts: one for each state or group of states; hear appeals from lower courts, issue writs, supervise lower courts.
- District courts: handle cases in a district, hear appeals from subordinate courts, try serious criminal cases.
- Subordinate courts: civil and criminal courts for smaller cases.
Cases usually start at the lower courts and go up through appeals.
Jurisdiction of the Supreme Court
Jurisdiction means the kinds of cases a court can hear.
- Original jurisdiction: disputes between the Union and states, or among states, go directly to the Supreme Court. Example: a boundary or power dispute between two governments.
- Writ jurisdiction: a person whose fundamental rights are violated can go directly to the Supreme Court (Article 32); High Courts also issue writs (Article 226).
- Appellate jurisdiction: it hears appeals in civil, criminal and constitutional cases from High Courts, if the High Court certifies the case or the Supreme Court gives special leave.
- Advisory jurisdiction: the President can ask its opinion on a question of law or public importance (Article 143). The advice is not binding.
- Special powers: it is a court of record, can review its own decisions and can punish for contempt.
Judicial activism and PIL
Normally only the person affected can go to court. From about 1979-80, the Supreme Court allowed Public Interest Litigation (PIL): any person or group can file a case for the public or for people who cannot reach court (prisoners, bonded labourers, pavement dwellers). Courts even treated letters and newspaper reports as petitions. This is judicial activism.
Good effects: justice reached the poor; issues like clean air, prison conditions and child labour were addressed; governments became more accountable.
Concerns: courts are overloaded; judges may enter areas that belong to the executive and legislature (for example, managing traffic or pollution); the balance between the organs can be disturbed.
Judiciary and rights: judicial review
The judiciary protects rights in two main ways: by issuing writs to restore a violated right, and by judicial review: the power to examine any law or executive order and declare it invalid if it goes against the Constitution. The phrase is not in the Constitution, but the power comes from Articles 13, 32 and 226.
Judiciary and Parliament
There have been tensions, especially over property rights and the power to amend. In the Kesavananda Bharati case (1973) the Supreme Court said Parliament can amend the Constitution but cannot change its basic structure. Courts have also widened Article 21 (right to life) to include dignity, livelihood, a clean environment and privacy. The ideal is a balance: each organ respects the others' roles.
Try it: a court case journey
Imagine a shopkeeper in your town loses a case about a rent dispute in a local civil court. Draw the ladder of courts he could climb by appeal. Then pick one recent Supreme Court judgement from the news and decide which door (original, writ, appellate, advisory) it came through. Check yourself with the case game in the last 3D step.
Key formulas and definitions
- Court pyramid: Supreme Court โ High Courts โ District courts โ Subordinate courts
- Retirement age: Supreme Court 65, High Court 62
- Removal: special majority in both houses for proven misbehaviour or incapacity
- SC jurisdiction: original, writ (Art. 32), appellate, advisory (Art. 143)
- Judicial review: courts can strike down laws against the Constitution
- Basic structure doctrine: Kesavananda Bharati case, 1973
Worked examples
1. Karnataka and Tamil Nadu disagree about sharing water under an agreement. Where can one state go directly?
The Supreme Court, under its original jurisdiction, which covers disputes between states. (Water disputes are often also handled by special tribunals.)
2. The President wants to know if a proposed law is constitutional before it is passed. What can she do?
Refer the question to the Supreme Court under advisory jurisdiction (Article 143). Its opinion is not binding.
3. A newspaper reports that children are working in a dangerous factory. No child has filed a case. Can the court act?
Yes. A social worker can file a PIL, or the court can take up the matter on its own based on the report.
4. Why are judges' salaries not voted on by Parliament every year?
So that Parliament or the government cannot punish judges by cutting their pay for unwelcome judgements. This protects financial independence.
Common mistakes
- Thinking judges are appointed by the Prime Minister alone. The President appoints on the collegium's recommendation.
- Saying advisory opinions must be followed. They are not binding.
- Thinking India has separate federal and state courts like the USA. India has one integrated system.
- Thinking independence means judges cannot be removed at all. They can, but only by a hard special process.