class 11 notes

Class 11 Political Science Notes Chapter 6 (Judiciary) – India Constitution Work Book

Philoid

Philoid

— 8 min read

India Constitution Work
Detailed Notes with MCQs of Chapter 6: Judiciary, from our 'Indian Constitution at Work' textbook. This is a critical chapter, not just for understanding our political system but also frequently tested in various government examinations. Pay close attention to the structure, functions, and significance of the Indian judiciary.

Chapter 6: Judiciary - Detailed Notes for Government Exam Preparation

1. Introduction: Why Do We Need a Judiciary?

  • In any society, disputes inevitably arise between individuals, groups, or between individuals/groups and the government.
  • A mechanism is needed to resolve these disputes based on a pre-determined set of rules or laws – this is the principle of Rule of Law.
  • The Judiciary is the independent organ of government responsible for interpreting the law, settling disputes, and administering justice according to the law.
  • It ensures that democracy does not give way to individual or group dictatorship.

2. The Need for an Independent Judiciary

  • Meaning of Independence: The judiciary must be free from the influence or control of the other organs of government (Legislature and Executive) and other vested interests. Judges should be able to perform their functions without fear or favour.
  • Why Independence is Crucial:
    • Protecting Rule of Law: To ensure laws are applied equally to all citizens and that even the government is held accountable under the law.
    • Safeguarding Rights: To protect the Fundamental Rights of citizens from encroachment by the state or other powerful entities. The judiciary acts as the guardian of these rights.
    • Impartial Dispute Resolution: To ensure fair adjudication in disputes.
  • Constitutional Provisions Ensuring Independence:
    • Mode of Appointment: Judges are appointed by the President, generally based on recommendations from the judiciary itself (Collegium system), minimizing political interference (though this has been debated).
    • Security of Tenure: Judges hold office until a fixed retirement age (65 for SC, 62 for HC). They cannot be removed arbitrarily.
    • Difficult Removal Process: Removal requires a complex impeachment process through Parliament, based only on proven misbehaviour or incapacity (Article 124(4) for SC, Article 217(1)(b) for HC).
    • Fixed Service Conditions: Salaries and allowances are fixed and charged on the Consolidated Fund of India (or State), not subject to the annual vote of the legislature. They cannot be altered to their disadvantage after appointment (except during a Financial Emergency).
    • Powers to Punish for Contempt: The judiciary can punish those found guilty of contempt of court, protecting its authority and dignity.
    • Separation from Executive: The Constitution directs the state to take steps to separate the judiciary from the executive in public services (Article 50).
    • Ban on Practice after Retirement: Supreme Court judges are prohibited from pleading or acting in any court within India after retirement.

3. Structure of the Indian Judiciary

  • India has an integrated and hierarchical judicial system, unlike the dual system in the USA (separate federal and state courts).
  • This means the Supreme Court is the apex court, and its decisions are binding on all other courts in India.
  • Hierarchy:
    • Supreme Court of India (SC): The highest court of appeal. Located in New Delhi.
    • High Courts (HC): Highest judicial authority in each state (or sometimes for a group of states/UTs). They operate under the supervision and control of the SC.
    • Subordinate Courts: Function below and under the control of the High Courts at the district and lower levels.
      • District Courts: Presided over by a District Judge. Deals with civil and criminal cases.
      • Lower Courts: Courts of Civil Judge, Munsiff Courts (Civil); Courts of Chief Judicial Magistrate, Judicial Magistrate (Criminal).

4. Supreme Court of India

  • Composition: Consists of the Chief Justice of India (CJI) and other judges (currently sanctioned strength is 34, including the CJI). Appointed by the President.
  • Appointment of Judges:
    • CJI: Traditionally, the senior-most judge of the SC is appointed as CJI (though there have been exceptions).
    • Other Judges: Appointed by the President after consultation with the CJI and other judges of the SC and HCs as deemed necessary.
    • Collegium System: A system evolved through SC judgments (Three Judges Cases) where appointments are effectively decided by a forum of the CJI and the four senior-most SC judges. This system aims to ensure judicial independence but has also faced criticism regarding transparency. (Note: The attempt to replace it with the National Judicial Appointments Commission (NJAC) was struck down by the SC).
  • Removal: As mentioned, through impeachment by Parliament (Article 124(4)). Requires a special majority in both Houses.
  • Jurisdiction and Powers:
    • Original Jurisdiction (Article 131): Authority to hear cases directly, not on appeal. Deals with disputes:
      • Between the Government of India and one or more States.
      • Between the Government of India and any State(s) on one side and one or more other States on the other.
      • Between two or more States.
    • Writ Jurisdiction (Article 32): Power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) for the enforcement of Fundamental Rights. This makes the SC a guarantor and defender of Fundamental Rights.
    • Appellate Jurisdiction (Articles 132, 133, 134): Hears appeals against judgments of High Courts in:
      • Constitutional Cases
      • Civil Cases
      • Criminal Cases
    • Special Leave Petition (SLP) (Article 136): Can grant special leave to appeal against any judgment or order of any court or tribunal in the country (except military tribunals). This is a discretionary power.
    • Advisory Jurisdiction (Article 143): The President can seek the opinion of the SC on any question of law or fact of public importance or on disputes arising out of pre-constitution treaties/agreements. The opinion is not binding on the President.
    • Court of Record (Article 129): Its judgments are recorded for perpetual memory and testimony. Has the power to punish for contempt of itself.
    • Judicial Review: Power to examine the constitutionality of legislative enactments and executive orders of both Central and State governments.

5. High Courts

  • Composition: Consists of a Chief Justice and other judges appointed by the President.
  • Appointment: Appointed by the President after consultation with the CJI, the Governor of the State, and (for judges other than the Chief Justice) the Chief Justice of the concerned High Court.
  • Removal: Same impeachment process as for SC judges (Article 217(1)(b)).
  • Jurisdiction and Powers:
    • Original Jurisdiction: Limited original jurisdiction in matters like wills, marriage, divorce, company law, contempt of court, and disputes relating to elections of MPs and MLAs.
    • Writ Jurisdiction (Article 226): Can issue writs for the enforcement of Fundamental Rights and for any other purpose. This means the writ jurisdiction of the HC is wider than that of the SC (which is only for FRs).
    • Appellate Jurisdiction: Hears appeals against judgments of subordinate courts within its territorial jurisdiction.
    • Supervisory Jurisdiction (Article 227): Power of superintendence over all courts and tribunals within its territorial jurisdiction (except military tribunals).
    • Control over Subordinate Courts: Involved in the appointment, posting, and promotion of district judges and other judicial officers.
    • Court of Record (Article 215): Similar to the SC.

6. Judicial Review

  • Meaning: The power of the judiciary (primarily SC and HCs) to review laws passed by the legislature and orders issued by the executive to determine if they conform to the Constitution. If found unconstitutional, they can be declared null and void.
  • Basis: Though not explicitly mentioned as "judicial review" in one place, the power is derived from various articles (e.g., Article 13, 32, 226).
  • Significance:
    • Upholds the principle of constitutional supremacy.
    • Protects Fundamental Rights.
    • Maintains federal equilibrium (balance of power between Centre and States).
  • Scope: Includes review of both Central and State laws. The SC introduced the 'Basic Structure' doctrine (Kesavananda Bharati case, 1973), stating that Parliament cannot amend the 'basic structure' of the Constitution, further strengthening judicial review.

7. Judiciary and Rights

  • The SC and HCs are crucial protectors of Fundamental Rights through their writ jurisdiction (Articles 32 and 226).
  • Public Interest Litigation (PIL) / Social Action Litigation (SAL):
    • A significant innovation allowing any person or organization (not necessarily the aggrieved party) to approach the court on behalf of those whose rights are violated, especially the poor and disadvantaged who cannot easily access the courts.
    • Relaxed the traditional rule of 'locus standi' (standing to sue).
    • Expanded the idea of rights (e.g., right to clean air, speedy trial).
    • Made the judicial process more accessible and democratic.

8. Judicial Activism

  • Meaning: Refers to a more proactive role played by the judiciary in enforcing rights and directing executive agencies to act, often stepping into areas traditionally seen as the domain of the executive or legislature. PIL is a major instrument of judicial activism.
  • Examples: Issuing directions on environmental protection, prison reforms, electoral reforms, checking corruption, etc.
  • Debate: While praised for upholding justice and rights, it sometimes faces criticism for:
    • Overburdening courts.
    • Blurring the lines of separation of powers (judicial overreach).
    • Making the judiciary vulnerable to political attacks.

9. Judiciary and Parliament

  • The Indian Constitution is based on the principle of separation of powers with checks and balances, not strict separation.
  • Potential Conflict Areas:
    • Judicial Review: Parliament's power to make laws is subject to judicial review.
    • Parliamentary Privileges: Courts generally do not interfere in the internal proceedings or privileges of Parliament, but the scope of these privileges can be examined by courts.
    • Appointments/Removal: Parliament has a role in the removal of judges. Attempts to change the appointment system (like NJAC) involve both.
  • Balance: Both institutions generally respect each other's domain. The Constitution provides mechanisms for balance (e.g., Parliament can amend the Constitution, but not its basic structure as interpreted by the judiciary).

Conclusion:

The Indian judiciary, with its integrated structure and constitutionally guaranteed independence, plays a vital role as the interpreter of the Constitution, protector of fundamental rights, and arbiter of disputes. Through mechanisms like judicial review and PIL, it actively ensures constitutional governance and the rule of law, making it a cornerstone of Indian democracy.

Multiple Choice Questions (MCQs) for Practice:

  1. Which Article of the Indian Constitution establishes the Supreme Court of India?
    (a) Article 32
    (b) Article 124
    (c) Article 143
    (d) Article 214

  2. The power of the Supreme Court to issue writs for the enforcement of Fundamental Rights falls under its:
    (a) Original Jurisdiction
    (b) Appellate Jurisdiction
    (c) Advisory Jurisdiction
    (d) Writ Jurisdiction

  3. Judges of the Supreme Court of India hold office until they attain the age of:
    (a) 60 years
    (b) 62 years
    (c) 65 years
    (d) 70 years

  4. The power of the judiciary to examine the constitutionality of laws passed by the legislature and orders issued by the executive is known as:
    (a) Judicial Activism
    (b) Judicial Review
    (c) Judicial Oversight
    (d) Judicial Supremacy

  5. Which of the following writs means 'to have the body of' and is issued to produce a person who has been detained?
    (a) Mandamus
    (b) Certiorari
    (c) Habeas Corpus
    (d) Quo Warranto

  6. The system currently used for the appointment of judges to the Supreme Court and High Courts, involving consultation primarily within the judiciary, is known as the:
    (a) Executive Appointment System
    (b) Parliamentary Approval System
    (c) Collegium System
    (d) Judicial Services Commission System

  7. Under which Article can the President of India seek the advisory opinion of the Supreme Court on a question of law or fact?
    (a) Article 131
    (b) Article 136
    (c) Article 143
    (d) Article 32

  8. Public Interest Litigation (PIL) primarily aims to:
    (a) Increase the salary of judges
    (b) Provide legal aid to the poor and enforce public duties
    (c) Reduce the workload of the Supreme Court
    (d) Allow judges to contest elections

  9. Which court in India has the power of 'superintendence' over all courts and tribunals within its territorial jurisdiction (except military tribunals)?
    (a) Supreme Court
    (b) High Court
    (c) District Court
    (d) Lok Adalat

  10. The difficult process of removing a Supreme Court or High Court judge, requiring a special majority in Parliament, is called:
    (a) Recall
    (b) Referendum
    (c) Impeachment
    (d) Censure Motion

Answer Key for MCQs:

  1. (b) Article 124
  2. (d) Writ Jurisdiction
  3. (c) 65 years
  4. (b) Judicial Review
  5. (c) Habeas Corpus
  6. (c) Collegium System
  7. (c) Article 143
  8. (b) Provide legal aid to the poor and enforce public duties
  9. (b) High Court (under Article 227)
  10. (c) Impeachment

Make sure you revise these notes thoroughly. Understanding the judiciary's role is fundamental to grasping the dynamics of the Indian political system. Good luck with your preparation!

Read more