Cheat Sheet: Judiciary | Political Science Class 11 - Humanities/Arts PDF Download

Why Do We Need an Independent Judiciary?

Independence of Judiciary

Key Aspects

• Meaning: The Judiciary operates free from executive and legislative interference in delivering justice.
• Non-Interference: Judges perform duties without fear or favoritism; other branches cannot influence decisions.
• Accountability: Accountable to the Constitution, democratic traditions, and the people, not arbitrary.

Ensuring Independence

Appointment of Judges

Controversies and Processes

• Political Influence: Appointments are controversial due to judges’ political philosophies impacting constitutional interpretation.
• Involved Figures: Council of Ministers, Governors, Chief Ministers, and the Chief Justice of India (CJI) influence the process.

Chief Justice of India

• Traditionally, the senior-most Supreme Court judge is appointed as CJI.
• Exceptions: 1973 (A.N. Ray superseded three seniors), 1975 (M.H. Beg superseded H.R. Khanna).

Other Judges

• Appointed by the President after consulting the CJI; the CJI’s advice is binding per the Supreme Court ruling.
• Collegiality: CJI consults four senior-most judges; their collective recommendations carry significant weight.

Removal of Judges

• Process: Removal only for proven misbehaviour or incapacity; requires a special majority in both Houses of Parliament.
• Special Majority: Higher voting threshold beyond simple majority, ensuring strong consensus.
• Historical Case (1991): Motion against Justice V. Ramaswami for fund misappropriation failed due to Congress's abstention, despite a two-thirds majority among voters.

Structure of the Judiciary

• Integrated System: Single judicial system with no separate State courts; pyramidal structure.
• Hierarchy:
  1. Supreme Court (top)
  2. High Courts
  3. District and subordinate courts (base)
• Supervision: Lower courts operate under higher courts’ oversight.

Jurisdiction of the Supreme Court

• Binding Decisions: Supreme Court rulings bind all lower courts; not bound by their own prior decisions.
• Article 144: All authorities must aid the Supreme Court’s orders.

Judicial Activism and Public Interest Litigation (PIL)

Judicial Activism

• Definition: Proactive judicial role in addressing public interest issues.
• Approach: Shifts from reactive to proactive, engaging with societal concerns.

Public Interest Litigation (PIL)

• Definition: Legal mechanism allowing petitions on behalf of those unable to file, addressing public interest.
• Historical Background: Emerged in 1979; landmark cases include Hussainara Khatoon (1979, under trial prisoners) and Sunil Batra (1980, jail conditions).
• Impact:
  1. Expanded rights to include clean air, water, and decent living conditions.
  2. Enhanced executive accountability, electoral transparency (e.g., candidate disclosures).
  3. Democratised justice access for marginalised groups.
• Criticism: Overburdens courts, blurs the separation of powers by intervening in executive/legislative domains (e.g., pollution, corruption).
• Global Acceptance: PIL is gaining traction in South Asia, Africa; South Africa’s Constitution allows direct rights violation cases.

Judiciary and Rights

• Mechanisms:
  1. Restoring Fundamental Rights: Issues writs under Article 32 (Supreme Court) and Article 226 (High Courts).
  2. Declaring Laws Unconstitutional: Strikes down laws under Article 13 if they violate the Constitution.
• Judicial Review: Assesses the law's constitutionality; not explicitly in the Constitution, but implied by its written nature.
• Right Against Exploitation: PIL and activism addressed forced labour, child employment, police abuses, and enhanced rights for marginalised groups.

Judiciary and Parliament

Judicial Review and Constitutional Safeguards

• Reviews actions of the President, Governor, and political practices to protect constitutional principles.
• Initially, some powers were beyond review; now included to prevent constitutional subversion.

Judicial Activism in Administration

• Directs agencies like CBI in high-profile cases (e.g., hawala scandal, Narasimha Rao case, petrol pump allotments).

Separation of Powers and Conflicts

• Early Conflicts: Disputes over the right to property for land reforms; the judiciary ruled fundamental rights cannot be restricted.
• Key Issues (1967-1973): Preventive detention, job reservations, property acquisition, compensation.
• Kesavananda Bharati Case (1973): Established the Constitution’s basic structure, unamendable by Parliament; right to property removed in 1979.
• Ongoing Tensions: Judiciary’s regulation of legislative functions, protection against legislative discipline, and mutual criticisms.

Conclusion

The Indian judiciary, particularly the Supreme Court, is a powerful, independent institution that interprets the Constitution, safeguards rights, and maintains a balance with Parliament. Despite occasional tensions, its prestige has grown through judicial review and activism, notably via PILs. However, concerns such as case backlogs and perceived leniency in high-profile cases highlight ongoing challenges in upholding public trust and maintaining a democratic balance.