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Judiciary Class 11 Political Science

Why do we Need an Independent Judiciary?

  • The principal role of the judiciary is to protect rule of law and ensure supremacy of law.
  • It safeguards rights of the individual, settles disputes in accordance with the law, and ensures that democracy does not give way to individual or group dictatorship.
  • In order to be able to do all this, it is necessary that the judiciary is independent of any political pressures.

Independence of Judiciary

  • The other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.
  • The other organs of the government should not interfere with the decision of the judiciary. Judges must be able to perform their functions without fear or favour.
  • Judiciary is a part of the democratic political structure of the country.
  • It is therefore accountable to the Constitution, to the democratic traditions, and to the people of the country.

Appointment of Judges

  • The appointment of judges has never been free from political controversy.
  • Council of Ministers, Governors, Chief Ministers, and the Chief Justice of India all influence the process of judicial appointment.
  • Over the years, a convention had developed whereby the senior-most judge of the Supreme Court was appointed as the Chief Justice of India.
  • This convention was, however, broken twice:
    • In 1973, A. N. Ray was appointed as CJI, superseding three senior judges.
    • Justice M.H. Beg was appointed, superseding Justice H.R. Khanna (1975).
  • The other judges of the Supreme Court and the High Court are appointed by the President after ‘consulting’ the CJI.
  • The final decisions in matters of appointment rested with the Council of Ministers.
  • This matter came up before the Supreme Court again and again between 1982 and 1998.
  • Finally, the Supreme Court has suggested that the Chief Justice should recommend names of persons to be appointed in consultation with four senior-most judges of the Court.
  • Thus, the Supreme Court has established the principle of collegiality in making recommendations for appointments.

Judiciary Class 11 Political Science

Question for Chapter Notes: Judiciary
Try yourself:
Why is it important for the judiciary to be independent of political pressures?
View Solution

Removal of Judges

  • The removal of judges of the Supreme Court and the High Courts is also extremely difficult.
  • A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehavior or incapacity.
    • A motion containing the charges against the judge must be approved by a special majority in both Houses of the Parliament.
  • While in making appointments, the executive plays a crucial role, the legislature has the powers of removal. This has ensured both a balance of power and independence of the judiciary.
  • So far, only one case of removal of a judge of the Supreme Court came up for consideration before Parliament.

Structure of Judiciary

Supreme Court of India:

  • Its decisions are binding on all courts.
  • Can transfer judges of High Courts.
  • Can move cases from any court to itself.
  • Can transfer cases from one High Court to another.

High Court:

  • Can hear appeals from lower courts.
  • Can issue writs for restoring Fundamental Rights.
  • Can deal with cases within the jurisdiction of the State.
  • Exercises superintendence and control over courts below it.

Judiciary Class 11 Political Science

District Court:

  • Deals with cases arising in the district.
  • Considers appeals on decisions given by lower courts.
  • Decides cases involving serious criminal offences.

Subordinate Courts:

  • Consider cases of civil and criminal nature.

Jurisdiction of Supreme Court

  • Original: Settles disputes between Union and States and amongst States.
  • Appellate: Tries appeals from lower courts in Civil, Criminal, and Constitutional cases.
  • Advisory: Advises the President on matters of public importance and law.
  • Writ: Can issue writs of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo warranto to protect the Fundamental Rights of the individual.
  • Special Powers: Can grant special leave to appeal from any judgment or matter passed by any court in the territory of India.

Question for Chapter Notes: Judiciary
Try yourself:
What is the highest court in India that has the power to transfer judges of High Courts?
View Solution

Original Jurisdiction

  • Original jurisdiction means cases that can be directly considered by the Supreme Court without going to the lower courts before that.
  • Cases involving federal relations go directly to the Supreme Court.
  • The Original Jurisdiction of the Supreme Court establishes it as an umpire in all disputes regarding federal matters.
  • In any federal country, legal disputes are bound to arise between the Union and the States and among the States themselves.
  • The power to resolve such cases is entrusted to the Supreme Court of India.
  • It is called original jurisdiction because the Supreme Court alone has the power to deal with such cases.
  • Neither the High Courts nor the lower courts can deal with such cases.
  • In this capacity, the Supreme Court not just settles disputes but also interprets the powers of Union and State governments as laid down in the Constitution.

Writ Jurisdiction

  • Any individual, whose fundamental right has been violated, can directly move the Supreme Court for remedy.
  • The Supreme Court can give special orders in the form of writs.
  • The High Courts can also issue writs, but the persons whose rights are violated have the choice of either approaching the High Court or approaching the Supreme Court directly.
  • Through such writs, the Court can give orders to the executive to act or not to act in a particular way.

Appellate Jurisdiction

  • The Supreme Court is the highest court of appeal.
  • A person can appeal to the Supreme Court against the decisions of the High Court.
  • However, the High Court must certify that the case is fit for appeal, that is to say that it involves a serious matter of interpretation of law or Constitution.
  • In addition, in criminal cases, if the lower court has sentenced a person to death, then an appeal can be made to the High Court or Supreme Court.
  • The Supreme Court holds the power to decide whether to admit appeals even when an appeal is not allowed by the High Court.
  • Appellate jurisdiction means that the Supreme Court will reconsider the case and the legal issues involved in it.
  • If the Court thinks that the law or the Constitution has a different meaning from what the lower courts understood, the Supreme Court will change the ruling and provide a new interpretation of the provision involved.
  • The High Courts also have appellate jurisdiction over the decisions given by courts below them.

Question for Chapter Notes: Judiciary
Try yourself:
Which type of cases can be directly considered by the Supreme Court without going to lower courts first?
View Solution

Advisory Jurisdiction

  • The Supreme Court of India possesses advisory jurisdiction in addition to original and appellate jurisdiction.
  • The President of India can refer any matter of public importance involving interpretation of the Constitution to the Supreme Court for advice.
  • However, the Supreme Court is not bound to give advice on such matters, and the President is not bound to accept the advice.

Judicial Activism

  • Judicial activism refers to the belief that courts can go beyond applying the law and consider the broader societal impact of their decisions.

PIL and Judicial Activism:

  • Public Interest Litigation (PIL) has become a key instrument of judicial activism.
  • Through PIL, the court has expanded the scope of rights, allowing individuals, even if not directly aggrieved, to seek justice on behalf of the marginalized.
  • Post-1980, courts have allowed public-spirited citizens, social organizations, and lawyers to file petitions for those unable to access the courts, enhancing judicial outreach.

Judiciary and Rights

  • The Indian Constitution provides two methods for the Supreme Court to address rights violations:

    1. Issuing writs like Habeas Corpus, mandamus, etc., under Article 32.
    2. Declaring laws unconstitutional, making them non-operational if they violate fundamental rights.
  • Judicial Review allows the Supreme Court to assess the constitutionality of laws and strike down those that violate the Constitution.

  • Though the term "judicial review" is not explicitly mentioned in the Constitution, the power is implied by the Court's authority to strike down unconstitutional laws.

Judiciary and Parliament

  • Tensions between Parliament and the judiciary have arisen over issues such as:
    • The extent of the right to private property.
    • The power of Parliament to limit or abolish fundamental rights.
    • Parliament's authority to amend the Constitution.
    • Whether Parliament can pass laws that limit fundamental rights while enforcing directive principles.
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FAQs on Judiciary Class 11 Political Science

1. Why is an independent judiciary crucial for a democratic society?
Ans.An independent judiciary is essential for a democratic society as it ensures that the rule of law is upheld and that justice is administered without bias or influence from the executive or legislative branches. This independence protects individual rights and liberties and maintains checks and balances within the government, preventing abuse of power.
2. How are judges appointed in the judiciary system?
Ans.Judges are typically appointed through a formal process that may vary by country. In many democracies, a judicial appointment commission or a similar body evaluates candidates based on merit, qualifications, and experience. The final appointment may be made by the head of state or through a parliamentary vote, ensuring that the process is transparent and based on the rule of law.
3. What is the process for the removal of judges?
Ans.The removal of judges usually involves a formal procedure that is designed to protect judicial independence. This process may include an investigation into alleged misconduct or incapacity, followed by a vote in the legislature or a judicial council. Such measures are in place to prevent arbitrary removal and to ensure that judges can perform their duties without fear of political retribution.
4. What is judicial activism, and why is it significant?
Ans.Judicial activism refers to the proactive role that judges may take in interpreting laws and the constitution, often stepping beyond traditional boundaries to address social issues and protect individual rights. It is significant because it can lead to important legal precedents and social change, but it can also raise concerns about the separation of powers and judicial overreach.
5. How does the judiciary safeguard individual rights against parliamentary actions?
Ans.The judiciary safeguards individual rights by reviewing laws and actions taken by the parliament to ensure they comply with constitutional provisions and protect fundamental rights. If a law or action is found to violate these rights, the judiciary has the authority to strike it down, thus serving as a vital check on the legislative branch and ensuring that citizens' freedoms are protected.
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