What is Judiciary?
Historical Background
Key Points
11 points- 1.
The Supreme Court of India is the highest court in the country. It has original, appellate, and advisory jurisdiction. Original jurisdiction means it can hear certain cases directly, like disputes between the central government and states, or between states themselves. Appellate jurisdiction means it can hear appeals from lower courts. Advisory jurisdiction means the President can seek its opinion on any question of law or fact of public importance.
- 2.
The High Courts are the principal courts of civil and criminal jurisdiction in each state. They are subordinate to the Supreme Court. They hear appeals from lower courts and also have the power of judicial review over state laws.
- 3.
The subordinate courts, including district courts and other lower courts, form the base of the judicial system. They handle the majority of cases at the local level.
- 4.
Judicial review is the power of the judiciary to examine the constitutional validity of laws passed by the legislature and executive orders issued by the government. If a law violates the Constitution, the judiciary can declare it unconstitutional and void. This power ensures that the government acts within the bounds of the Constitution.
- 5.
Public Interest Litigation (PIL) allows any citizen or organization to approach the court on behalf of the public interest. This has broadened access to justice and allowed the judiciary to address issues of social and environmental concern. For example, a PIL might be filed to address pollution in a river or to protect the rights of marginalized communities.
- 6.
The Collegium system is how judges are appointed to the Supreme Court and High Courts. It's a system where a body of senior judges recommends names for appointment. While intended to ensure judicial independence, it has also been criticized for a lack of transparency and accountability.
- 7.
Contempt of court is when someone disrespects the authority of the court or interferes with the administration of justice. This can include disobeying court orders or making statements that undermine the court's integrity. The judiciary has the power to punish individuals for contempt of court.
- 8.
Constitutional morality is the idea that the Constitution's values and principles should guide the interpretation and application of laws, even if they conflict with popular opinion or public morality. A Supreme Court judge recently emphasized that constitutional morality should outweigh majoritarian views. For example, striking down a law criminalizing homosexuality was based on constitutional morality, even though it might have conflicted with some people's moral beliefs.
- 9.
Judicial independence is the principle that the judiciary should be free from interference from the other branches of government or from private interests. This is essential for ensuring that judges can make impartial decisions based on the law, without fear of reprisal.
- 10.
The Doctrine of Basic Structure, established in the *Kesavananda Bharati* case, holds that certain fundamental features of the Constitution cannot be amended by Parliament. This protects the core principles of the Constitution from being altered by political majorities. For example, the secular nature of India is considered part of the basic structure.
- 11.
The writ jurisdiction of the High Courts and Supreme Court allows them to issue orders (writs) to enforce fundamental rights. These writs include *habeas corpus* (to produce a person in custody), *mandamus* (to compel a public authority to perform its duty), *prohibition* (to prevent a lower court from exceeding its jurisdiction), *certiorari* (to quash the order of a lower court), and *quo warranto* (to inquire into the legality of a person holding public office).
Visual Insights
Indian Judiciary: Structure and Functions
Key aspects of the Indian Judiciary and its role in upholding the Constitution.
Indian Judiciary
- ●Structure
- ●Functions
- ●Independence
- ●Recent Developments
Evolution of the Indian Judiciary
Key milestones in the evolution of the Indian Judiciary.
The Indian judiciary has evolved significantly since independence, playing a crucial role in interpreting the Constitution and protecting citizens' rights.
- 1935Government of India Act lays groundwork for federal court
- 1950Constitution establishes Supreme Court of India
- 1973Kesavananda Bharati case establishes basic structure doctrine
- 2015NJAC Act passed, later struck down by SC
- 2023SC judgment on Delhi Municipal Corporation mayors election
- 2026SC hearing petitions related to the Citizenship Amendment Act (CAA)
Recent Developments
10 developmentsIn 2023, the Supreme Court delivered a landmark judgment on the election of the Delhi Municipal Corporation mayors, clarifying the powers of the Lieutenant Governor.
In 2024, the Maharashtra government's decision to scrap the 5% reservation for Muslims in education was challenged in the Bombay High Court, raising questions about minority rights and social justice.
In 2025, concerns were raised by a Supreme Court judge about societal biases against Muslims and Dalits, highlighting the need for constitutional morality to prevail over discriminatory practices.
In 2026, the Supreme Court is hearing petitions related to the validity of the Citizenship Amendment Act (CAA), a controversial law that grants citizenship to religious minorities (excluding Muslims) from neighboring countries.
The debate around the National Judicial Appointments Commission (NJAC), intended to replace the collegium system for judicial appointments, remains unresolved, with concerns about judicial independence versus government involvement.
The increasing use of technology in the judiciary, including e-filing and virtual hearings, is aimed at improving efficiency and access to justice, but also raises questions about digital inclusion and data security.
Several High Courts are grappling with a backlog of cases, leading to delays in justice delivery. Efforts are underway to streamline procedures and increase the number of judges.
The Supreme Court has been actively involved in environmental cases, issuing directives to protect forests, rivers, and wildlife, reflecting a growing awareness of environmental concerns.
Discussions are ongoing about increasing the representation of women and marginalized communities in the judiciary, to promote diversity and inclusivity.
The judiciary is increasingly using artificial intelligence (AI) for tasks like legal research and case management, but ethical considerations and potential biases are being carefully examined.
