Class 9 Civics Chapter 4 Notes - Working of Institutions

The Judiciary and Its Structure

The judiciary is the institution responsible for interpreting laws, delivering justice and resolving disputes. In India, the judiciary comprises a system of courts organised at different levels that together ensure the rule of law and protect citizens' rights.

The Indian judicial structure includes the following principal levels:

• Supreme Court: The highest court in the country, whose decisions are binding on all other courts.
• High Courts and subordinate courts at the state level.
• District Courts and other local courts that operate at the district and taluk levels.
• Lok Adalats and other alternative dispute resolution fora for quicker and informal settlement of disputes.

India has an integrated judiciary, meaning the Supreme Court supervises judicial administration across the country and its judgments must be followed by lower courts. The judiciary also performs the important function of protecting rights through remedies available to citizens.

The judiciary exercises judicial review, which enables courts to examine whether laws or executive actions are consistent with the Constitution when such matters are challenged before them.

Independence of the Judiciary

Judicial independence ensures that judges decide cases impartially and without pressure from the legislature or the executive. Independence is essential for a fair justice system and for maintaining public confidence in the courts.

The Constitution and practice provide several safeguards to protect judicial independence:

• Security of tenure: Judges cannot be removed from office except by a rigorous constitutional process (impeachment by Parliament) to prevent arbitrary dismissal.
• Security of pay and allowances: Salaries and allowances of judges are fixed and protected so that financial inducement cannot be used to influence them.
• Freedom from outside influence: Courts are allowed to regulate their own procedures and conduct judicial work without interference from other branches of government.
• Restrictions on post-retirement practice: There are rules and restrictions intended to reduce the chance of conflicts of interest after a judge retires.
• Personal safety and institutional respect: Measures exist to protect judges from threats and undue public or political criticism that might undermine their function.

Key powers that strengthen judicial independence include:

• Judicial review: The power to test the constitutionality of laws and executive acts when they are challenged in court.
• Constitutional interpretation: The authority to interpret the Constitution and determine the limits of legislative and executive powers.
• Integrated supervision: The Supreme Court's supervisory role over the subordinate judiciary helps ensure consistent standards of justice.
• Public Interest Litigation (PIL): The ability of any person or group to approach the courts in matters of public importance widens access to justice and makes the judiciary responsive to social concerns.

Through these safeguards and powers, the judiciary is able to protect citizens' fundamental rights and uphold democratic principles.

Appointment and Removal of Judges

The President of India formally appoints judges of the Supreme Court and High Courts. Appointment takes place after consultations with senior judges; the objective is to select persons of competence and integrity while limiting direct political influence.

• Senior judges participate in the process of selecting new judges, which reduces the scope for political interference and helps preserve judicial independence.
• Removal of judges is deliberately difficult. A judge may be removed only by a parliamentary impeachment motion that must be passed by a special majority (normally two-thirds of members present and voting) in both Houses of Parliament. This high threshold protects judges from arbitrary removal.

The difficulty of removal underlines the importance of security of tenure as a constitutional guarantee for an independent judiciary.

Powers and Role of the Supreme Court and High Courts

The highest courts in India have specific types of jurisdiction and powers that determine their functions:

• Original jurisdiction: Cases that can be started directly in the Supreme Court, such as disputes between the Union and a State or between two or more States, and certain matters affecting the enforcement of fundamental rights.
• Appellate jurisdiction: The authority to hear appeals against decisions of the High Courts and certain specialised tribunals in both civil and criminal matters.
• Advisory jurisdiction: The power to advise the President of India on questions of law of public importance when the President so requests.

Additional powers and responsibilities include:

• Interpretation of the Constitution: The Supreme Court and High Courts can interpret constitutional provisions and declare legislation unconstitutional if it violates the Constitution.
• Judicial review: Courts examine the validity of laws and executive actions, and can invalidate those that are incompatible with constitutional mandates.
• Protection of fundamental rights: Courts provide remedies for violations of rights guaranteed by the Constitution and order appropriate relief to affected persons or groups.
• Administrative supervision: High Courts supervise lower courts in their jurisdictions to ensure proper administration of justice.

High Courts exercise similar powers within their respective states and play a crucial role in maintaining constitutional order at the state level.

Judiciary as the Guardian of Fundamental Rights

The Supreme Court and High Courts act as the primary protectors of citizens' Fundamental Rights. When an individual's rights are infringed or when public interest is at stake, the courts can be approached for ra emedy.

• Court intervention prevents misuse of government authority and corrects illegal actions taken by public officials.
• In federal disputes, such as those involving the distribution of resources or jurisdictional conflicts between states and the Union, the judiciary settles differences and enforces constitutional arrangements. For example, disputes over river water sharing between states like Haryana and Punjab may be resolved through judicial forums.

The availability of Public Interest Litigation (PIL) has widened access to justice, enabling courts to address matters affecting large sections of society even when the immediate victims cannot approach the courts themselves.

Because judges are appointed through the constitutional process and can be removed only by a stringent parliamentary procedure, the judiciary is placed in a strong position to act independently and protect rights without fear or favour.

Judicial Setup and Functioning

The structure of courts and their functioning can be summarised as follows:

• Supreme Court: Sits at the apex and deals with matters of national importance, constitutional interpretation, civil and criminal appeals, and advisory references from the President. It supervises the entire judicial system and ensures uniformity of law.
• High Courts: Operate at the state level and handle appeals from district courts, issue writs for the protection of fundamental rights, and supervise subordinate courts within the state.
• District and Subordinate Courts: Handle the bulk of civil and criminal disputes in their local jurisdictions and are the primary point of access to justice for most citizens.

Individuals can approach the judiciary when government action affects public interest or violates rights. Through processes such as PIL, the judiciary plays an active role in checking the abuse of power and safeguarding human rights.