The Indian Constitution has established an integrated judicial system with the Supreme Court at the top, followed by the High Courts. There is a hierarchy beneath a High Court such as district courts and other lower courts. This unified judicial system, which was adapted from the Government of India Act of 1935 is responsible for enforcing both central legislation as well as state legislation. Here we will discuss the important aspects of the Indian Judiciary which is an important topic for UPSC Indian Polity Preparation.

Indian Judiciary- An Overview

• The judiciary is the arm of government responsible for interpreting the law, resolving disputes, and providing justice to all citizens.
• The judiciary is seen as the custodian of the Constitution as well as the watchdog of democracy. It is critical for a democracy to function properly to have an unbiased and independent court.

Indian Judiciary - Characteristics

One of the Oldest Judicial Systems in the World

• The judicial system of India is one of the most well-known in the world which is employed to interpret and implement the laws of the land.
• The doctrine of separation of powers allows the court the authority to interpret laws as they see fit. The judiciary does not create statutory laws for the country but rather interprets and applies them.

Single and Integrated Judicial System

• In India, the Constitution establishes an integrated and distinct judicial system.
• The Supreme Court is at the very top of the combined system. Following the Supreme Court, there are state-level High Courts
• There is a well-organized structure of district courts and inferior courts under the High Courts. India's judiciary is integrated since the country is a federation with a strong central government that has greater authority than the states.

Independence of Judiciary

• It implies that the executive and legislative branches of government do not interfere with the judiciary's ability to function. Other organs accept the judiciary's ruling and do not interfere with it. It also implies that judges are free to carry out their duties without fear of reprisal. The judiciary's independence does not imply that it operates arbitrarily and without regard for the law. It is responsible for the country's Constitution.
• The Constitution has a number of clauses that guarantee the judiciary's independence is preserved and protected.

Judicial Activism

• Judicial activism is a word that developed in the United States.
• In the backdrop of unconstrained behavior by both legislative and executive organs, the idea of judicial activism evolved fast over time and gained enormous acceptability among the Indian people.

Judicial Review

• The notion of judicial review was first proposed in the United States of America in the Marbury v. Madison case of 1803.
• When it comes to constitutional review in India, however, the Supreme Court and High Court have the ability to do so under the Constitution.
• In addition, the Supreme Court of India has held that the power of judicial review is a fundamental feature of the Constitution that cannot be removed even by a constitutional amendment.
• If any legislative enactment or executive order of the State or Central governments is found to be in violation of the Constitution during the Judicial Review, it would be deemed illegal.

Interpreter of the Constitution

• The Supreme Court of India interprets the Indian Constitution and is the highest court in the country with the authority to interpret the Constitution.
• All subordinate courts will be bound by the Supreme Court's ruling.
• The Constitution is interpreted by the judiciary through the examination of statutory statutes and provisions. The judiciary has repeatedly created precedents for the interpretation of the Constitution, which is a mammoth job in and of itself.

Indian Judiciary- Structure

• India has a single judicial system that is fully integrated.
• India's judicial system is organized in a pyramidal structure, with the Supreme Court (SC) at the apex.
• The Supreme Court is over the High courts, which are followed by the District and Subordinate courts. The lower courts work directly under the supervision of the higher courts.

The figure below depicts the country's court system's structure and organization.

Aside from the aforesaid framework, the legal system is divided into two branches:

• Criminal law is concerned with any citizen or corporation committing a crime.
• Civil law deals with disputes about a citizen's fundamental rights being violated.

Functions/role Of Indian Judiciary

In India, the judiciary performs the following functions:

• Effective Administration of Justice: The judiciary's main job is to apply the law to specific instances or to resolve disagreements. When a disagreement is brought before the courts, the evidence produced by the participants is used to "judge the facts." The law then decides which law applies to the situation and implements it. The court will impose a punishment on the accused individual if they are proven guilty of breaking the law during the trial.
• The development of judge-made law: In many circumstances, judges are unable or unwilling to choose the most appropriate legislation for application. In such instances, judges use their judgment and common sense to determine what the right legislation is. Judges have accumulated a large body of 'case law,' or 'judge-made law,' as a result of their actions. According to the theory of 'stare decisis,' prior judicial decisions are often considered binding on subsequent judges in comparable circumstances.
• The Constitution's Guardian: India's highest court, the Supreme Court, serves as the Constitution's guardian. The court resolves questions of jurisdiction between the federal government and state governments, as well as between the legislature and the executive branch. The judiciary declares any statute or executive order that breaches any section of the constitution invalid or null and void.
• Protector of Fundamental Rights: The judiciary guarantees that the State and other agencies do not infringe on people's rights. Writs are issued by higher courts to enforce Fundamental Rights.
• Supervisory functions: In India, the higher courts are also responsible for monitoring the lower courts.
• Advisory functions: In India, the SC also serves as an advisor. It has the authority to issue advisory opinions on constitutional issues. When there are no conflicts and the executive wishes it, this is done.
• Non-judicial and administrative functions: The courts perform a variety of non-judicial and administrative activities. The courts have the power to issue licenses, administer estates (property), and appoint receivers. Marriages are registered, and guardians for small children and lunatics are appointed.
• Special responsibility in a federation: In a federal system like India's, the judiciary is also responsible for resolving crucial issues between the centre and the states. It also serves as a mediator in inter-state issues. Conducting judicial inquiries: Judges are frequently appointed to lead commissions that investigate cases of public servant mistakes or omissions.

Conclusion

• The Judiciary is the government's backbone since it is the sole institution that can control and pronounce judgment when there is a conflict between the Center and the State, between the State and the citizens, or between the states.
• The Judiciary's decisions are binding on all parties involved, whether they be citizens or the government. In India, the judiciary is the protector of human rights, the defender of the constitution, and the promoter of peace and harmony. It acts as a check and balance on the government's legislative and executive activities.
• The topic of whether Indian judges are free of political influence is a tough one to address. As we all know, the Supreme Court and high courts in India are solely responsible for safeguarding the fundamental rights of Indian citizens.

FAQs

MCQs

1. Which article of the Indian Constitution establishes the Supreme Court?

A) Article 124
B) Article 76
C) Article 226
D) Article 356

2. Which of the following courts has the power of judicial review in India?

A) Only the Supreme Court
B) Only the High Courts
C) Both the Supreme Court and High Courts
D) Only Subordinate Courts

3. What is the role of the District Courts in the Indian judicial system?

A) To handle constitutional matters
B) To review the laws passed by Parliament
C) To handle civil and criminal cases at the local level
D) To appoint High Court judges

4. Which of the following ensures the independence of the judiciary in India?

A) Appointment of judges by the executive
B) Fixed tenure and security of service for judges
C) Approval of judgments by the legislature
D) All of the above

5. What is the advisory jurisdiction of the Supreme Court?

A) The power to give legal advice to the executive
B) The power to review laws
C) The power to decide disputes between states
D) The power to give opinions on constitutional questions referred by the President

GS Mains Questions and Model Answers

Q1: Discuss the role of judicial review in ensuring the supremacy of the Constitution in India.

Answer: Judicial review is one of the most important functions of the Indian judiciary, enabling the courts to uphold the supremacy of the Constitution. Through judicial review, the judiciary can strike down laws and executive actions that are inconsistent with constitutional provisions. This ensures that the actions of the legislature and the executive remain within the limits set by the Constitution, thus maintaining a system of checks and balances. The power of judicial review is vested in both the Supreme Court and the High Courts, ensuring that unconstitutional laws do not infringe upon the fundamental rights of citizens.

Q2: Analyze the importance of an independent judiciary in a democratic system like India.

Answer: An independent judiciary is essential in a democratic system like India to safeguard the rule of law and protect the rights of individuals. By ensuring that the judiciary is free from political pressure and influence, it can function impartially in delivering justice. An independent judiciary also serves as a check on the powers of the executive and legislature, preventing the misuse of authority. It ensures that all government actions are subject to scrutiny and are in compliance with the Constitution, thus preserving democratic principles.

Q3: Examine the structure of the Indian judiciary and the role of each tier in the judicial process.

Answer: The Indian judiciary is structured as a single integrated system with the Supreme Court at the apex, followed by High Courts at the state level and Subordinate Courts at the district level. The Supreme Court has original, appellate, and advisory jurisdiction and is responsible for ensuring the protection of constitutional rights. High Courts deal with appeals from subordinate courts and have jurisdiction over both civil and criminal matters in their respective states. Subordinate Courts, including District Courts, handle the bulk of civil and criminal cases at the local level. Each tier plays a crucial role in ensuring justice is accessible and upheld across the country.

Previous Year Questions on Indian Judiciary

1. UPSC CSE Mains 2018 (GS Paper 2)

Question: How does the Indian judiciary ensure the independence of its functioning?

Answer: The independence of the Indian judiciary is ensured through a variety of constitutional provisions. Judges of the Supreme Court and High Courts are appointed through a collegium system, reducing political interference. Their tenure is protected, and they cannot be easily removed except through a detailed impeachment process. The judiciary has its own set of rules and procedures, which allow it to function independently. The power of judicial review and the ability to decide matters impartially also safeguard the independence of the judiciary, ensuring that it remains a neutral arbiter of justice.

2. UPSC CSE Prelims 2020

Question: Under which article of the Constitution is the power of judicial review granted to the judiciary?

A) Article 124
B) Article 226
C) Article 32
D) Article 13

Answer: D

Article 13 of the Indian Constitution grants the judiciary the power of judicial review, which allows it to declare laws unconstitutional if they are found to violate fundamental rights or any other constitutional provisions.