Independence Of District Judiciary Is Part Of Basic Structure Of Constitution: Supreme Court

Relevance: GS 2 - Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure; Separation of powers between various organs disputes redressal mechanisms and institutions.

(Source: The Hindu, 05/25/23)

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Why in the news?

• Recently, a three-judge Bench of Chief Justice D.Y. Chandrachud and Justices V. Ramasubramanian and P.S. Narasimha passed a judgment based on a petition filed by the All India Judges Association gave a series of directions to amend the service rules of the district judiciary and for payment of arrears of pension, additional pension, gratuity, and other retiral benefits.
• The Supreme Court has held that the independence of district judiciary is part of the basic structure of the Constitution and judicial independence from the executive and the legislature requires the judiciary to have a say in matters of finances.

What did the court say?

• The court issued directions based on the recommendations made in the report of the Second National Judicial Pay Commission headed by Justice P.V. Reddi (retired) as its chairman with senior advocate R. Basant as its member.
  • The Supreme Court of India on 09.05.2017 in Writ Petition directed to appoint a Judicial Pay Commission to review the pay scales, emoluments, and service conditions of the Judicial Officers of Subordinate Judiciary in India.
  • Accordingly, with the approval of the Cabinet, the Government notified the setting up of the Second National Judicial Pay Commission on 16.11.2017 under the Chairmanship of Mr. Justice (Retd.) P.VenkataramaReddi, former Judge of the Supreme Court of India.
• The judgment noted the crucial role played by the district judiciary in the justice administration; on a single day, the district judiciary handled nearly 11.3 lakh cases.
• The district judiciary was efficient and undertook its functions to ensure that justice was delivered in a timely manner even during the pandemic.
• The court said that it was essential to recognize the district judiciary as a vital part of the independent judicial system, which is, in turn, part of the basic structure of the Constitution.
• Justice Narasimha said the district judiciary is the backbone of the judicial system and the independence of judicial officers serving in the district judiciary is crucial to the functioning of the judiciary.
• The court noted that in order to uphold their impartiality, it is essential to ensure their financial security and economic independence.
• The judgment emphasized that the judiciary should have the power to require the payment of necessary funds to fulfill its responsibilities and administer justice.
• This principle ensures the independence of the judiciary and is a logical outcome of the separation of powers.

What is Basic Structure doctrine?

• The doctrine prescribes that certain features of the Constitution are essential for the functioning of the state.
• Such features are beyond the limits of the amending powers of the Parliament.
• The word “Basic Structure” is not mentioned in the Constitution of India.
• The concept was recognized for the first time in the Kesavananda Bharati case in 1973.
• 24th Constitution Amendment Act., 1971: The act gave the absolute power to the parliament to make any changes in the constitution including the fundamental rights.
• Kesavananda Bharti vs. State of Kerala case (1973), the Supreme Court upheld the validity of the 24th Constitution Amendment Act by reviewing its decision in Golaknath case. The Supreme Court held that the Parliament has the power to amend any provision of the Constitution, but doing so, the basic structure of the Constitution is to be maintained.
• Waaman Rao case, 1981: The SC adhered to the doctrine and clarified that the doctrine would apply to constitutional amendments after April 24th 1973.

Conclusion

The Constitution lays down the structure and defines, delimits and demarcates the role and functions of every organ of the State including the judiciary and establishes norms for their inter-relationships, checks and balances. Independence of judiciary is essential to the rule of law and constitutional norms.

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Question: Who/Which of the following is the custodian of the Constitution of India? [UPSC 2015]

(a) The President of India

(b) The Prime Minister of India

(c) The Lok Sabha Secretariat

(d) The Supreme Court of India