Indian Judiciary

Indian Judiciary

Overview

The Indian Judiciary is the guardian of the Constitution and the protector of fundamental rights. It forms the third pillar of Indian democracy alongside the Legislature and Executive. For TN TET Paper II Social Studies, this topic carries significant weight as it tests your understanding of constitutional mechanisms, court structure and the crucial concept of judicial review.

Students must understand the hierarchical structure of courts, key constitutional provisions, appointment and removal procedures, and the power of judicial review that makes Indian judiciary one of the most powerful in the world. Questions typically focus on Articles related to judiciary, qualifications of judges, jurisdictions of courts and landmark judgments establishing judicial review.

The judiciary's independence is maintained through security of tenure, fixed service conditions and the collegium system of appointments. This independence allows courts to check arbitrary actions of the government and uphold constitutional values.

Key Concepts

• Integrated Judicial System: India has a single unified judiciary with the Supreme Court at the apex, High Courts at state level and subordinate courts at district level. Unlike the USA, we do not have separate federal and state court systems.
• Supreme Court as Court of Record: Under Article 129, the Supreme Court's judgments are recorded for perpetual memory and testimony. Its decisions are binding on all courts and cannot be questioned.
• Independence of Judiciary: Secured through appointment by President (not legislature), fixed tenure until age 65 for SC and 62 for HC judges, salaries charged on Consolidated Fund (not voted upon), and removal only through impeachment.
• Judicial Review: The power of courts to examine laws and executive actions and declare them void if they violate the Constitution. This is the "basic structure" of the Constitution.
• Public Interest Litigation (PIL): Any public-spirited person can approach courts on behalf of those who cannot access justice themselves. This expanded judicial activism began after the Hussainara Khatoon case (1979).
• Collegium System: Supreme Court judges are appointed through a collegium consisting of the Chief Justice of India and four senior-most judges. This emerged from the Second and Third Judges Cases (1993, 1998).
• Writ Jurisdiction: Both Supreme Court (Article 32) and High Courts (Article 226) can issue writs for enforcement of fundamental rights. The five writs are Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo Warranto.

Formulas / Key Facts

Must-Remember Facts:

1. Article 124 establishes the Supreme Court; originally 8 judges, now strength is 34 (1 CJI + 33 judges)
2. Article 32 is the "heart and soul of the Constitution" (Dr. Ambedkar) — Right to Constitutional Remedies
3. Article 141 — Law declared by Supreme Court is binding on all courts in India
4. Article 137 — Supreme Court can review its own judgments
5. Article 226 gives High Courts wider writ jurisdiction than Supreme Court (can issue writs for "any other purpose" beyond fundamental rights)
6. First woman SC judge — Justice Fathima Beevi (1989)
7. Kesavananda Bharati case (1973) — established "Basic Structure Doctrine"
8. Impeachment requires special majority in both Houses; no SC judge has been removed till date

Worked Examples

Example 1: A state government passes a law that allows detention without trial for 6 months without any judicial review. Can this law be challenged?

Solution: Yes, this law can be challenged in the Supreme Court under Article 32 or in the High Court under Article 226. The law violates Article 21 (Right to Life and Personal Liberty) and Article 22 (Protection against arbitrary arrest). The court will exercise judicial review and can declare the law unconstitutional and void under Article 13. The court may also issue a writ of Habeas Corpus to free any person detained under this invalid law.

Example 2: A dispute arises between Tamil Nadu and Karnataka over sharing of Cauvery river water. Which court has jurisdiction?

Solution: The Supreme Court has exclusive original jurisdiction under Article 131 for disputes between states or between Centre and states. Neither party can approach a High Court for such inter-state disputes. The Supreme Court will hear the case directly without any appeal from lower courts.

Example 3: Explain why a High Court judge cannot be transferred to another High Court as punishment.

Solution: Under Article 222, the President can transfer a High Court judge from one High Court to another only after consulting the Chief Justice of India. This is a safeguard for judicial independence. The Supreme Court has held that transfers should not be punitive and must be in public interest. A judge who objects can represent to the CJI, ensuring the transfer system is not misused to intimidate judges.

Common Mistakes

• Confusing retirement ages: Students often swap 65 and 62. Remember: Supreme (65) is Superior, so higher age. High Court judges retire at 62.
• Thinking Article 226 is weaker than Article 32: Actually, Article 226 has wider scope — High Courts can issue writs for fundamental rights AND "any other purpose." Article 32 is limited to fundamental rights only.
• Believing Parliament can override judicial review: Parliament cannot take away judicial review as it is part of the "basic structure." Even constitutional amendments removing judicial review will be struck down.
• Assuming CJI alone appoints judges: The collegium system involves CJI plus four senior-most judges for SC appointments and CJI plus two senior judges for HC appointments. President formally appoints but on collegium recommendation.
• Mixing up writs: Habeas Corpus is for unlawful detention (of person), Mandamus is for compelling public duty, Quo Warranto challenges a person holding public office. Students often confuse Mandamus and Quo Warranto.

Quick Reference

• Supreme Court: Articles 124-147; High Court: Articles 214-231
• Judicial Review = power to declare laws/actions unconstitutional
• Five Writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto
• Basic Structure Doctrine from Kesavananda Bharati (1973) — cannot be amended
• Article 32 = "Heart and Soul" of Constitution (Ambedkar)
• Collegium = CJI + 4 senior judges (for SC appointments)