The judiciary is an institution responsible for delivering justice and resolving legal disputes. In India, the judiciary consists of various courts at different levels, collectively known as the judiciary.
The structure of the Indian judiciary includes:
India's judiciary is unified, meaning the Supreme Court supervises judicial administration across the nation. Its decisions must be followed by all other courts.
The judiciary has the power of judicial review, allowing the Supreme Court and High Courts to check if any law or executive action is constitutional when challenged. This ensures that laws align with the Constitution.
Judges of the Supreme Court and High Courts are appointed by the President, based on the Prime Minister's advice and after consulting the Chief Justice of the Supreme Court. Once appointed, judges retain a high level of independence, with minimal interference from the political executive. The most senior judge is usually appointed as the Chief Justice.
Removing judges is a serious matter; a judge can only be removed through an impeachment motion that must be passed by two-thirds of both Houses of Parliament. This process highlights the independence of the judiciary.
Additionally, the judiciary plays an important role in protecting citizens' rights through public interest litigation. This process allows anyone to approach the courts if government actions harm public interest.
Judicial independence is essential for a fair justice system. It guarantees that the judiciary operates without influence from the legislature or executive branches. Judges make decisions based on the law, not on government or political party instructions. This separation is vital in modern democracies like India, where courts function independently from other government branches.
The Constitution safeguards this independence through various provisions:
Moreover, the judiciary in India possesses substantial powers that enhance its independence:
The powers and independence of the Indian judiciary enable it to safeguard Fundamental Rights. Citizens can seek remedies in court for violations of their rights. In recent years, courts have issued numerous rulings to protect public interests and human rights.
Therefore, the independence of the judiciary is vital for democracy in India, ensuring justice is served without bias or outside influence.
Judges for the Supreme Court and High Courts are appointed by the President of India, based on the Prime Minister's advice and in consultation with the Chief Justice of the Supreme Court. The Indian judiciary is among the strongest globally, with the power to interpret the Constitution and invalidate any laws or executive actions that contradict it.
The Supreme Court and High Courts hold the power of judicial review, enabling them to evaluate the constitutional validity of laws or executive actions challenged in court. This authority highlights the judiciary's role in protecting the Constitution and safeguarding the Fundamental Rights of citizens.
The Supreme Court of India has various types of authority:
Additionally, the Supreme Court is empowered to:
The High Courts operate similarly at the state level, with powers to interpret the Constitution and protect fundamental rights. They handle public interest cases through Public Interest Litigation (PIL) and scrutinise government actions.
Judges of both the Supreme Court and High Courts are appointed by the President based on the Prime Minister's advice and consultation with the Chief Justice. The judiciary is independent, meaning it does not answer to the legislature or executive. A judge can only be removed through an impeachment motion that requires two-thirds approval from both Houses of Parliament. India's judiciary is among the most powerful globally.
Both the Supreme Court and High Courts serve as defenders of citizens' Fundamental Rights. Anyone whose rights have been infringed or whose public interest is negatively affected by government actions can turn to the judiciary via Public Interest Litigations (PILs).
The judiciary has the authority to assess the constitutional validity of any law or action taken by the executive when challenged. This process is known as judicial review. The Supreme Court and the High Courts are responsible for interpreting the Constitution of the country.
Judges of the Supreme Court and High Courts are appointed by the President based on the Prime Minister's advice and in consultation with the Chief Justice. After their appointment, judges can only be removed through an impeachment motion, which requires a two-thirds majority from both Houses of Parliament. This procedure safeguards the independence of the judiciary, making it challenging to remove judges.
The independence and powers of the judiciary enable it to act as the guardian of Fundamental Rights. Citizens can approach the courts for remedies if their rights are violated. In recent years, the courts have issued numerous rulings and directives to uphold public interest and human rights.
The independent and robust judiciary is crucial for democracies. All courts at various levels in a country together form the judiciary. The Indian judiciary comprises a Supreme Court for the nation, High Courts in the states, District Courts, and local courts. India has an integrated judiciary, meaning the Supreme Court oversees the whole judicial system.
At the top of India’s judicial system is the Supreme Court, followed by High Courts at the state level. Below the High Courts, there are District Courts and Subordinate Courts that deal with criminal and civil cases.
The Supreme Court oversees all other courts in the nation, ensuring consistency within the judicial system. It can hear appeals against High Court decisions.
Judges of the Supreme Court and High Courts are appointed by the President based on the Prime Minister’s advice, in consultation with the Chief Justice of the Supreme Court. Once appointed, a judge can only be removed through an impeachment motion passed by two-thirds of the members from both Houses of Parliament.
The judiciary in India is also one of the most powerful globally. The Supreme Court and High Courts can interpret the Constitution and nullify any law or executive action that contradicts it, whether at the national or state level.
Moreover, any individual can approach the courts if they believe the government’s actions harm public interest. This is known as public interest litigation, allowing the judiciary to step in and prevent the abuse of government power, protecting public interest and human rights.
This chapter explains the Indian judicial system and its vital role in supporting democratic values. The independence and powers of the Indian judiciary enable it to protect Fundamental Rights. This system can assess the constitutionality of laws or executive actions through a process called judicial review. This means they can evaluate any law or executive action when it is challenged in court.
The Supreme Court of India has stated that the main principles of the Constitution cannot be altered by Parliament. In recent times, the courts have made many decisions to safeguard public interests and human rights. This allows anyone to bring cases to court if government actions harm public interest, a process known as public interest litigation. The judiciary steps in to prevent the abuse of governmental power and to address malpractices.
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1. What is the significance of the independence of the judiciary in a democratic system? | ![]() |
2. How are judges appointed and removed in India? | ![]() |
3. What are the powers and roles of the Supreme Court and High Courts in India? | ![]() |
4. In what ways does the judiciary act as the guardian of fundamental rights? | ![]() |
5. What is the overall structure of the judiciary in India, and how does it function? | ![]() |