Judiciary
Class 11 Political Science · Indian Constitution at Work · Chapter 6
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Summary
This chapter explains the role and importance of the judiciary, one of the most powerful courts in the world. An independent judiciary is needed to protect the rule of law, ensure the supremacy of law, safeguard individual rights and settle disputes without political pressure. Independence is ensured by keeping the legislature out of appointments, giving judges security of tenure with a difficult removal procedure, financial independence, and immunity from personal criticism (contempt of court). The chapter describes the appointment of judges (the collegium system) and the difficult removal procedure requiring a special majority. India has a single integrated judicial system, pyramidal with the Supreme Court at the top, then High Courts and district and subordinate courts. It explains the Supreme Court's jurisdictions — original, writ, appellate and advisory — and its special powers. It discusses judicial activism and Public Interest Litigation (PIL), which since 1979 has let public-spirited citizens approach courts on behalf of the deprived, democratising access to justice while also raising concerns about overburdening courts and blurring the line between organs. It examines the judiciary's role in protecting rights (writs and judicial review under Articles 32, 226 and 13), and the relationship between judiciary and Parliament, including the right to property dispute and the basic structure doctrine from the Kesavananda Bharati case (1973).
Judiciary
Key terms
Independence of judiciary
the principle that other organs must not restrain or interfere with the judiciary, so judges can act without fear or favour.
Integrated judicial system
India's single pyramidal system with the Supreme Court at the top, High Courts and subordinate courts below.
Judicial review
the power of the Supreme Court (or High Courts) to examine the constitutionality of a law and strike it down if inconsistent with the Constitution.
Public Interest Litigation (PIL)
litigation filed on behalf of the deprived by public-spirited persons, key vehicle of judicial activism.
Basic structure doctrine
the principle from the Kesavananda Bharati case (1973) that Parliament cannot amend the basic structure of the Constitution.
Original jurisdiction
the Supreme Court's power to directly hear disputes between the Union and States or among States.
Extra questions & answers
Try one from this chapter
The principal role of the judiciary is to: