essay on judiciary in india

Essay on Role of Judiciary in the Country for Students and Children

500 words essay on role of judiciary in the country today.

Any judiciary is an integral part of a country, especially democracy . As India is the largest democracy, we have a big judiciary which makes sure it safeguards the interests of its citizens. Similarly, our Supreme Court is at the top of our judiciary system. It is then followed by our high courts which operate at the state level. Further, there are district courts operating at the district level. There are also many more courts below this order. A judiciary has many roles to play.

Role of Judiciary in India

As a judiciary is independent of the executive, it can easily safeguard the rights of the citizen to ensure peace and harmony. However, its role is not just limited to this. It plays different roles to make sure there is smooth functioning in the country.

Firstly, it plays a great role in making new laws. Judiciary is the rightful interpreter of our constitution as well as the current laws. It has the power to create new laws as well as overrule policies that might violate our constitution.

Furthermore, the judiciary also prevents any form of violation of the law. Similarly, it files a lawsuit against the person found guilty of doing the same. After that, a judge passes his verdict after listening to both parties closely and announces the judgment accordingly.

Moreover, it also acts as an advisory body. It happens more than often that the executive or legislature seeks help from the judiciary to clarify issues regarding the constitution.

Moreover, the judiciary decides upon the constitutional questions. For instance, if there is a dispute between states, they are brought to the Supreme Court where it decides how to interpret the constitution on the basis of the on-going dispute. In addition, it also looks after the administrating bit. Like it is responsible for appointing officers, maintaining records, administrating staff and more.

Most importantly, the judiciary is the protector of fundamental rights of the citizens. Everyone has the right to fundamental rights; however, sometimes people try to take them away. Thus, the judiciary ensures no such thing happens and lets every citizen live with harmony.

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Importance in Today’s Scenario

A judiciary is very crucial in upholding a democracy like ours. As we all know, cases of injustice against people have risen nowadays. There is unjust discrimination happening and the judiciary must step in to stop all this.

Therefore, it becomes important more than ever to help people feel safe within their own country and homes. Judiciary checks and balances the ones who have power. This helps in preventing people from misusing that power.

In short, in today’s scenario of our country where crimes are happening rapidly, people turn to the judiciary for justice . Thus, we see how it is so very important that judiciary remains just and empowered in the times of darkness. Sometimes, it remains the single ray of hope for people, which is why it is needed more than ever now.

FAQs on Role of Judiciary in the Country Today

Q.1 What is the role of the judiciary in the country today?

A.1 The judiciary plays a major role in a democracy. It safeguards the fundamental rights of the people. Further, it makes new laws and ensures to punish anyone violating these laws. It also administers and appoints officers.

Q.2 Why is the judiciary important in the country today?

A.2 The judiciary is more important than ever now because injustice against people has risen to a great extent in our country. We need it to monitor the people and punish them for their crimes so everyone feels safe and included.

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Indian Judiciary - Indian Polity Notes

Indian administration is guided by three pillars – Legislature, Executives, and Judiciary. Indian Judiciary. In India, we have an independent judiciary. The other organs of the government cannot interfere with the functioning of the judiciary. It is an important topic for the IAS Exam  for the Indian Polity subject (UPSC GS -II).

This article will provide you with relevant facts about Indian judiciary, what is the role of the judiciary, its structure, organisation, and functioning. 

Indian Judiciary:- Download PDF Here

Introduction to Indian Judiciary

The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens. The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution. For democracy to function effectively, it is imperative to have an impartial and independent judiciary.

Independent Indian Judiciary

• It means that the other branches of the government, namely, the executive and the legislature, does not interfere with the judiciary’s functioning.
• The judiciary’s decision is respected and not interfered with by the other organs.
• It also means that judges can perform their duties without fear or favour.

Independence of the judiciary also does not mean that the judiciary functions arbitrarily and without any accountability. It is accountable to the Constitution of the country.

How Indian Judiciary is granted its independence?

The Constitution provides for a number of provisions that ensure that the independence of the judiciary is maintained and protected. For more on this, you can check the below links.

Indian Judiciary – Structure

India has a single integrated judicial system. The judiciary in India has a pyramidal structure with the Supreme Court (SC) at the top. High Courts are below the SC, and below them are the district and subordinate courts. The lower courts function under the direct superintendence of the higher courts.

The diagram below gives the structure and organisation of the judicial system in the country.

Apart from the above structure, there are also two branches of the legal system , which are:

• Criminal Law: These deal with the committing of a crime by any citizen/entity. A criminal case starts when the local police file a crime report. The court finally decides on the matter.
• Civil Law: These deal with disputes over the violation of the Fundamental Rights of a citizen.

Supreme Court has three types of jurisdictions. They are original, appellate and advisory. The jurisdiction of the Supreme Court is mentioned in Articles 131, 133, 136 and 143 of the Constitution.

Functions of Indian Judiciary – What is the role of the Judiciary?

The functions of the judiciary in India are:

• Administration of justice: The chief function of the judiciary is to apply the law to specific cases or in settling disputes. When a dispute is brought before the courts it ‘determines the facts’ involved through evidence presented by the contestants. The law then proceeds to decide what law is applicable to the case and applies it. If someone is found guilty of violating the law in the course of the trial, the court will impose a penalty on the guilty person.
• Creation of judge-case law: In many cases, the judges are not able to, or find it difficult to select the appropriate law for application. In such cases, the judges decide what the appropriate law is on the basis of their wisdom and common sense. In doing so, judges have built up a great body of ‘judge-made law’ or ‘case law.’ As per the doctrine of ‘stare decisis’, the previous decisions of judges are generally regarded as binding on later judges in similar cases.
• Guardian of the Constitution: The highest court in India, the SC, acts as the guardian of the Constitution. The conflicts of jurisdiction between the central government and the state governments or between the legislature and the executive are decided by the court. Any law or executive order which violates any provision of the constitution is declared unconstitutional or null and void by the judiciary. This is called ‘judicial review.’ Judicial review has the merit of guaranteeing the fundamental rights of individuals and ensuring a balance between the union and the units in a federal state.
• Protector of Fundamental Rights: The judiciary ensures that people’s rights are not trampled upon by the State or any other agency. The superior courts enforce Fundamental Rights by issuing writs.
• Supervisory functions: The higher courts also perform the function of supervising the subordinate courts in India.
• Advisory functions: The SC in India performs an advisory function as well. It can give its advisory opinions on constitutional questions. This is done in the absence of disputes and when the executive so desires.
• Administrative functions: Some functions of the courts are non-judicial or administrative in nature. The courts may grant certain licenses, administer the estates (property) of deceased persons and appoint receivers. They register marriages, appoint guardians of minor children and lunatics.
• Special role in a federation: In a federal system like India’s, the judiciary also performs the important task of settling disputes between the centre and states. It also acts as an arbiter of disputes between states.
• Conducting judicial enquiries: Judges normally are called to head commissions that enquire into cases of errors or omissions on the part of public servants.

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Indian Judiciary – Civil Courts

Civil courts deal with civil cases. Civil law is referred to in almost all cases other than criminal cases. Criminal law applies when a crime such as a robbery, murder, arson, etc. is perpetrated.

• Civil law is applied in disputes when one person sues another person or entity. Examples of civil cases include divorce, eviction, consumer problems, debt or bankruptcy, etc.
• Judges in civil courts and criminal courts have different powers. While a judge in a criminal court can punish the convicted person by sending him/her to jail, a judge in a civil court can make the guilty pay fines, etc.
• District Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) are at the bottom of the judicial hierarchy in India.

• The court of the district judges is the highest civil court in a district.
• It has both administrative and judicial powers.
• The court of the District Judge is in the district HQ.
• It can try criminal and civil cases and hence, the judge is called District and Sessions Judge.
• Under the district courts, there are courts of the Sub-Judge, Additional Sub-Judge and Munsif Courts.
• Most civil cases are filed in the Munsif’s court.

Civil courts have four types of jurisdiction:

• Subject Matter Jurisdiction: It can try cases of a particular type and relate to a particular subject.
• Territorial Jurisdiction: It can try cases within its geographical limit, and not beyond the territory.
• Pecuniary Jurisdiction: Cases related to money matters, suits of monetary value.
• Appellate Jurisdiction: This is the authority of a court to hear appeals or review a case that has already been decided by a lower court. The Supreme Court and the High Courts have appellate jurisdiction to hear cases that were decided by a lower court.

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UPSC Questions related to Judiciary in India

What is article 124 a of indian constitution.

This article talks about the establishment and constitution of the Supreme Court.

What is the structure of Indian judiciary?

Judiciary in India has a pyramidal structure with the Supreme Court at the top.

What is obiter dictum in law?

Obiter dictum is an opinion or a remark made by a judge which does not form a necessary part of the court’s decision.

What is the main function of the Indian judiciary?

The main function of the judiciary is to interpret and apply laws to cases.

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Essay on Judiciary in India and its working

October 18, 2019 by Sandeep

600+ Words Essay on Judiciary in India

The Indian constitution consists of the legislature, executive and the judiciary. The legislature department is involved in preparing policies and law-making concerns. The executive is involved in implementing the laws created by the legislature body.

The judiciary is an independent department not attached with the legislature or the executive. It is an independent judicial body that is vested with judicial powers and can carry on its judicial activities without direct interference from the government.

Judicial activism in Indian democracy

The judiciary in many ways is closest to the citizens or the nation. The many functions of the judiciary ensure legal protection to the citizens of the country.

If we were to settle a family dispute and go to court seeking relief, we would be advised to apply a case and the proceedings of the court would be held at the respective family courts. Thus, the judiciary ensures fair legal protection to every citizen of this nation.

The judiciary carries out many functions under its umbrella. Every citizen is provided with equal and fair justice under law. Whenever a citizen seeks protection under law, he is ensured such protection under relevant laws of the Indian judicial system. Laws are created by the legislature, executed by the executive and applied by the judiciary.

It is like the father creating the rules of the house, the mother creating suitable environment for its execution and the children applying the rules in their lives. Any country needs a legal framework within which it can operate and make decisions for the country. This legal framework and binding is actually curated by the judiciary to uphold the legal decorum of any nation.

Any violation of the fundamental rights of citizens of the country is acted upon seriously by the judicial system. Every citizen is entitled to certain basic rights termed the fundamental rights under our constitution. The constitution needs protection under law and this is taken care of, by our judicial system. Legal decisions pertaining to every single case is taken by respective judges of courts.

Every such legal decision is brought into enforcement by our judiciary. There are numerous times when we find disputes arising between states, termed inter-state conflicts. The judiciary resolves such inter-state disputes and comes up with an amicable resolution to put an end to such conflicts before they take on political colors.

The water dispute arising every year between Karnataka and Tamil Nadu regarding the sharing of Cauvery waters is a good example in this regard. The case is pending in the Supreme Court and the judiciary is trusted to solve such issues amicably to bring in peace and harmony between the two warring states.

Not just interstate disputes, any conflict that may arise between the centre and the state is also solved by the judiciary. Whenever there is any problem in the country where the legal framework gets violated or people act against the legal system of the country, it attracts punishment under various sections of the constitution.

Any such crimes or anti social elements acting against the dignity of our judicial system and the country as a whole is treated as offence and tried under law. Enquiry commissions headed by expert panels of senior lawmakers and judges are usually formed in cases of dispute resolutions.

The enquiry commissions submit a relevant report to the government to let them know of the impending situation and the previous activities thus ensued, thus revoking further action by the government.

Collegium system

This system is also called the judges’ selection system by a panel of judges. The collegium system actually has no mention or place in the Indian constitution. It was not even placed under any amended section of our constitution. This system came into force, thanks to a judgment pronounced by the Supreme Court in the year 1993.

The functions of the collegiums system include identifying most eligible members for posting them as suitable judges of the Supreme Court. This selection and scrutinizing is carried out by the so called ‘collegium system’. It comprises of a body of five senior judges of the Apex court, who are instructed and directed by the CJI to carry on the task successfully.

Many chief justices of high courts are handpicked in a similar manner to be promoted to the Supreme Court after the above explained scrutiny process.

Famous controversies associated with our judiciary

‘master of roster’ controversy.

Suppose there lies a family dispute between two parties ‘A’ and ‘B’ that has not reached the court doors as yet. Let us also assume that both the parties trust a mutual friend ‘C’ who will now be entrusted with the task of solving the matter between A and B. C is like a neutral friend to both A and B. In case C newly discovers that he is a close relative of A, then he might choose to act more favorably towards A.

He might also not blame A in any way in the controversy between A and B and hold B responsible for the dispute and create an imbalanced decision holding B at fault. This selection of the culprit was not at all fair and does not warranty fair execution of laws under our system either. The master of roster controversy can be understood in a similar light.

In April 2018, Shanti Bhushan who happens to be a former law minister questioned the current practice in our legal system where the Chief Justice decides the allocation of various cases available. He extended a PIL in this respect and spoke against the wholesome powers resting with the chief Justice when he decided to allocate a particular case to a particular judge / bench of judges.

It was not to be seen as a personal attack against any particular Chief Justice of India (CJI), either in the past or the present, but he only questioned the arbitrary power associated with the CJI in deciding the allocation. Any bench comprising of judges chosen by the CJI could be politically influenced or could take on personal interests and thus may not uphold the sanctity of justice as laid down in the constitution.

The CJI could actually consult top brass and senior judges of the Supreme court and then decide on the allocation was the argument that could be understood from this controversy.

Differences between Chief Justice and senior Supreme Court judges

There have been numerous times when the selection of judges for higher courts have become a matter of controversy for the judiciary. The recent one in January 2018 that comprised CJI Dipak Misra and four senior most judges of the Supreme Court is a good example.

The four senior judges raised the issue of assigning cases to supreme courts, among many other issues against the CJI. This matter was discussed between the Supreme Court and the judges in the court for more than fifteen minutes and the CJI led body failed to come up with a resolution stating that it would entertain the issue only when the apex court registry comes up with a suitable petition for the same.

The judiciary of our nation works to provide citizens the much needed civil liberty and highest protection under law. It is the legal framework of the nation, applied by the judiciary that provides every citizen of the country his right to live with dignity.

Be it property disputes, disputes of succession, registration of will, marriage and divorce issues, higher level cases that affect a larger part of the nation etc, the judiciary is the legal umbrella of the nation.

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10 THE JUDICIARY IN INDIA

Dr. Niranjan Sahoo

THE JUDICIARY IN INDIA

Introduction

From being a reliable guardian and protector of constitution, an able propagator of rights of poor and faceless citizens to an institution of last recourse for millions of citizens to activism on issues that often get little or no attention from the executive, the judiciary in India has come full circle since its inception in 1950. The judiciary which has so far played extremely stellar role in having emerged as institution of last resort as executive and legislative branches have failed to perform their constitutional roles, has in many occasions intruded into the constitutional spaces of other organs. Such activism of judiciary has brought tensions in established constitutional ‘separation of powers’ and therefore criticism. In addition to this, there are equally critical issues/concerns with regard to reforms in terms of appointments of judges, accountability, corruption, pendency, issues of access and affordability of justice for ordinary citizens and so on. In short, the judiciary is on spotlight both for right and wrong reasons.

Structure and Composition

Soon after his appointment as the Chief Justice of India in June 2013 Justice Altamas Kabir described Indian judiciary among the most powerful in the world in a speech in Sri Nagar. Unlike the US and other federal countries, the judiciary in India is a single integrated system. The framers of the Constitution consciously opted for an integrated judicial system to ‘eliminate all diversities in a remedial procedure.’ Under the arrangement, the Supreme Court is the highest court of the land, followed by the High Courts at the state levels which cater to one or more number of states. Down the High Court there are subordinate courts comprising of the District Courts at the district level. This apart, there exist various quasi-judicial bodies such as Tribunals and Regulators to resolve disputes. The Indian Judicial System it follows ‘common law system’. In a common law system, law is developed by the judges through their decisions, orders, or judgments. Unlike the British legal system which is entirely based on the common law system, where it had originated from, the Indian system incorporates the common law system along with the statutory law and the regulatory law.

Independence

The makers of the constitution were aware that many of democratic ideals would remain meaningless if they would not be backed by an independent and impartial judicial system (Austin 1966; 1999). No subordinate or agent of the Government could be trusted to be just and fair in judging the merits of a conflict in which the Government itself was a party. Thus, in a bid to establish complete independence of the judiciary, the Constitution has first erected a barrier that separates the executive from the judiciary. The judicial independence is further ensured by laying down rigid qualifications for the appointment of judges, in their tenure security and other conditions of service. For instance, judges are appointed almost for life and their conditions of service cannot be altered to their disadvantage, once they are appointed (Austin 1966; Pylee 1980). Similarly, their removal has been made extremely difficult case with two-third majority vote of the parliament.

The Supreme Court

The Supreme Court of India (SC) is elaborated in Part V, Chapter IV of the Constitution as the highest court of the land, the highest court of appeal and the guardian of the Constitution. Therefore, any law passed by this apex body is binding on all the law courts in the country. By virtue of being the highest court of law, the SC controls and supervises the entire judicial edifice of the country to ensure the realisation of the high judicial standards (Pylee 1980). Articles 124 to 147 of the constitution lay down the composition and jurisdiction of the SC. Essentially it is an appellate court which takes up appeals against judgements of the provincial High Courts (HC). It also takes writ petitions in cases of serious human rights violations of if a case involves serious issue that requires urgent resolution (Mohanty 2009).

Composition

While the original constitution (1950) had provisioned for a Chief Justice and 7 other judges for the SC, over the years with word loads increasing the numbers have steadily gone up. Now there are 30 judges apart from the Chief Justice. The Chief Justice is appointed by the President of India, largely on seniority basis. Other judges (including High Courts) are chosen by a collegium comprised of the Chief Justice and 4 senior judges of the Supreme Court. The collegium system was established by the Supreme Court in a series of judgements popularly known as three Judges case. In terms of composition, the SC has somewhat maintained regional and ethnic representation as it has good share of judges belonging to religious and ethnic minorities. For instance, Justice K.G. Balakrishnan was the first dalit to be appointed as Chief Justice of Indian in 2000.

Powers and Jurisdictions

As the highest court, the SC has been granted a wide range of powers and functions. The SC has original, appellate and advisory jurisdictions to perform the role of the defender of the Constitution.

Original Jurisdiction

Under Article 131, the original jurisdiction of the SC extends to any dispute arising between Union and one or more States and between two or more states. Original jurisdiction, thought, restricts to question of law or fact brought before the court by any party mentioned above. In this regard, cases or disputes primarily involving the enforcement of fundamental rights (Article 32) come under the ambit of original jurisdiction. Under Article 32 of the Constitution, the court is empowered to issue orders, directions or writs in the nature of habeas corpus ( बंदी प्रत्यक्षीकरण ), mandamus ( परमादशे ) prohibition ( निषेधाज्ञा ), quo warranto   (अधिकार पृच्छा ) and certiorari ( उत्प्रेषण लेख ) to enforce Fundamental Rights (Mohanty 2009). However, the SC does not have any original jurisdiction or power over disputes arising out of any treaty, agreement, covenant or similar instruments which had been agreed upon or executed before the commencement of the constitution.

Appellate Jurisdiction

The SC is the highest appellate court in the country and by virtue of this it can hear appeals against the judgement of the High Courts in both civil and criminal cases involving substantial question of law which involves the interpretation of constitution (Article 132). This jurisdiction of the SC is intact both in the cases where a High Court certifies or otherwise. If the court is satisfied that case involves (criminal and civil) an interpretation of constitution, the SC can issue special leave to appeal (Pylee 1980). This apart, the Supreme Court has wide ranging appellate jurisdiction over all courts and Tribunals in the country. Under Article 136, the court can use its discretion to grant special leave to appeal from any judgement, decree, sentence or order in any cause or matter passed by any court, tribunal in India (Mohanty 2009).

Advisory Jurisdiction

The advisory jurisdiction ranges from specific advises sought by the President of India function of the SC is also very important. If there arises any ambiguity regarding the interpretation of a clause of the constitution or certain constitutional problem arises, the President can refer the same to the SC for its expert opinion. To spell the exact wordings of Article 143 ‘If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the SC upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.’ However, the opinion of the Court is not binding on the President.

Miscellaneous Powers

Apart from three key jurisdictions as mentioned above, the SC has many miscellaneous powers. Notably, it is a court of records, meaning that the records of its decisions and proceedings are preserved and published. Further, the decisions of the SC are binding on all the courts of the country. Importantly, the highest court has powers to review its own judgment or order. More importantly, the SC is provided with the power of judicial review.13 This apart, the SC is authorised to make rules for regulating the practice and procedure of the Court with the approval of the President. Further, the court has power to appoint amicus curie (friend of the court) to argue the case of the accused who is unrepresented. Finally, the court has power to extend free legal aid to person belonging to poorer sections (Austin 1999; Mohanty 2009).

Growth and Evolution of Judicial Powers: An Overview

While formulating structures and various provisions for the supreme court, Alladi Krisnaswami Ayyar, a key member of the Drafting Committee had remarked that “The future evolution of the Indian constitution will thus to large extent rest upon the work of the Supreme Court and the direction given to it by that Court.” To a great extent, the Indian judiciary ably led by the Supreme Court has lived up to the expectations of the framers of the Constitution. Below is a brief overview of evolution and growth of judiciary as an independent organ of the government.

First Phase: A Positivist Court

The judiciary (meaning the higher courts) has evolved in different phases in its response to legislative and executive branches of the government. The judiciary in its early years was understated yet potent, using restricted confines of the judicial space to act as an effective check on legislative pronouncements. This check exercised through the power of judicial review, was used judiciously by the judiciary in the early years. At least three key aspects of early years of judiciary stand out. First, it strictly adhered to the constitutional text. Second, it refused to support lofty ideologies of the government of the day. Third, at the same time, it conceded parliament to have plenary power to amend constitution (Rajamani and Sengupta 2010). Thus, although the judiciary declared zamidari abolition as illegal and violation of right to property in Kameshwar Prasad vs. State of Bihar, it refrained from using the provision of judicial review when parliament quickly brought out first amendment to constitution which placed the provision (inserted Article 31 B) out of the purview of judicial review. Similarly in State of Madras vs. Champakam Dorairajan, it the court struck down government’s decision to have reservations in educational institutions based on caste as violation of right to equality (Article 14), it did not oppose parliament’s right to bring a constitutional amendment to justify such affirmative action on the basis of caste.

The court did follow near similar approach in Seventeenth Amendment in 1964 that arose as a result of its verdict in Sajjan Singh case. In all these, the Court seems to have followed a positivist interpretation of constitution in the first fifteen years of its functioning. To quote Rajamani and Sengupta (2010), “The Court kept its head above the hurly-burly of custodian politics, in the first fifteen years of India’s Independence, it was a controversial institution, its decisions generating fierce and bitterly contested public debates. This was no surprise given the matters it was called upon to adjudicate. Civil liberties, free speech, caste discrimination, and most notably land reforms were matters central to the ideals, aspirations, and lived realities of people in the new republic.” It perceived itself as an institution discharging a function that the drafters of the Constitution envisaged for it.

Second Phase: Bending Backward

The second phase that began with famous Golak Nath15 verdict was rather tumultuous and politically charged. The judiciary which was perceived apolitical institution in character and essence notwithstanding its dealing with many politically sensitive issues such as abolition of zamidari, reservation policy which often caused direct confrontation with parliament, entered the political water with its expansive interpretation of Fundamental Rights in Golak Nath. The SC in this case reconsidered the constitutionality of the Seventeenth Amendment and by a majority verdict declared the said amendment illegal. Thus, it overruled Sankari Prasad and Sajjan Singh cases that it had avoided to confront with the parliament. The Court held that the amending power of the parliament to be subject to fundamental rights tests. In short, with one stroke the SC denied parliament its legislative sovereignty and restored its power of judicial review even on matters related to right to property. The court went farther in R.C. Cooper vs. Union of India16 when it struck down much touted bank nationalization scheme as illegal. This prepared a stage for direct confrontation between judiciary and parliament. To restore its supremacy, the Parliament passed Twenty-fourth Amendment which overturned Golak Nath.

The Twenty-fourth Amendment (along with Twenty-fifth and Twenty-ninth Amendments) led the Court to delivering historic Kesavananda Bharti vs. State of Kerala17 judgment that saw the judiciary limiting parliament’s sovereign power to amend the constitution. All thirteen judges bench of the Supreme Court in a majority verdict (7 judges supported) held that while parliament was supreme to amend constitution, under Article 368 it cannot alter the ‘basic structure’ of the constitution (Basu; 2012; Austin 1999). This act of judiciary, however, opened up further resistance and opposition from the parliament particularly the ruling congress government at the centre. The government reacted very strongly by superseding three senior most judges to appoint Justice AN Ray as Chief Justice of India. The ensuing confrontation reached its peak in Raj Narain case involving the validity of Mrs. Indira Gandhi’s election. The Allahabad High Court which set aside Mrs. Gandhi’s election and subsequent declaration of Emergency in June 1975, set the stage for rapid marginalization of judiciary. National Emergency and the supersession of judges which led to rapid politicization judiciary, actively contributed to judicial surrender to the executive in the controversial ADM Jabalpur vs. Shivkant Shukla19 that backed government’s act of suspending right to life under Article 21 of the Fundamental Rights. The SC overturned the decisions of several High Courts that had declared suspension of habeas corpus illegal and took a stand that supported government’s claims.

The judiciary which fought all these decades to defend and protect Fundamental Rights maintained that “the right to life and personal liberty were bounties given to citizens by the state and hence could be withdrawn in times of Emergency.” Thus, with one judgment the judiciary which had assiduously nurtured a positivist, apolitical and independent course, lost it to the diverse tactics of executive branch which exercised further supremacy with Forty-second Amendment that took away most critical judicial powers including the power of judicial review. The judiciary which had earned accolades and respects in the previous decades became prey to politicization, turned unpopular and lost much acquired legitimacy (Rajamani and Sengupta 2010).

Third Phase: Era of Judicial Supremacy

With the defeat of ruling government in 1977 and new Janata government claiming powers at the Centre, situation turned favourable for the judiciary to undo its mistakes and restore lost ground that it had gradually ceded to the executive over the years. The judiciary which was viewed to have made abject surrendering to the government tried to do the ‘repentance’ acts by taking on an activist course through many of its subsequent judgments. Post-Emergency, the most immediate response from the judiciary was to quickly undo the damage it had done in Habeas Corpus case (known as ADM Jabalpur). In the famous Maneka Gandhi vs. Union of India2, the judiciary went on to widen the ambit of Article 21 by linking it to grounds of procedural and substantive fairness. In this case, the court opened up a new dimension of right to life and personal liberty when it laid down that Article 21 was not only a guarantee against the executive action unsupported by law, it is also a restriction on law making. It also struck down the key provisions of Forty-second Amendment that had kept judicial review out of the ambit of constitutional amendments in Minerva Mills. However, these verdicts were just the beginning of a new era by judiciary was recovering from the shock of its Emergency bungling. In a gradual manner, the judiciary fashioned an era of judicial activism in the later decade through expansive interpretation of fundamental rights by creative use of a new instrument called public interest litigation (PIL). By actively embracing PIL route, “the Supreme Court of India for the first time became Supreme Court for Indians.”

Public Interest Litigation and Judicial Activism

Public interest litigation (PIL)24 which had gained considerable popularity in America and other western democracies as an emancipatory tool to defend the rights of third parties mostly disadvantaged minorities, poor and marginalized, was embraced by Indian judiciary in early 1980s to expand ‘access’ to justice. PIL fostered judicial innovation and doctrinal creativity that a post- Emergency judiciary was looking out desperately to salvage its image (Sahoo 2002; Rajamani and Sengupta 2010). The starting point of PIL revolution was with landmark S.P. Gupta vs. President of India and others.25 Delivering the judgment, Justice P.N. Bhagwati, the key architect of PIL relaxed the locus standi, and opened up the doors of the judiciary to public spirited citizens – both those wishing to espouse the cause of the poor and oppressed and those wishing to enforce performance of public duties (Sathe 2001; Rajamani and Sengupta 2010). While delivering the judgement, Justice Bhagwati made it clear that “any member of the public acting bona fide and having sufficient interest in instituting an action for redressal of public wrong or public injury could move the court. The court will not insist on strict procedures when such a person moves a petition on behalf of another or a class of persons who have suffered legal wrong and they themselves cannot approach the court by reason of poverty, helplessness or social backwardness.” In other words, with S.P. Gupta, the court changed the old concept of locus standi by allowing people who had a stake, direct or indirect, in the outcome of a suit, to be represented in the judicial proceedings.

Beyond relaxing the locus standi, the judiciary went ahead and allowed public participation in the judicial process even as it recognized the group rights to participate in legal proceedings. In doing so, the judiciary granted workers, residents and general public the right to appeal the courts against violation of their collective rights. For instance, the court in the National Textile Workers Union vs. P.R. Ramakrshnan held that although the Companies Act did not provide for participation of workers in the winding up of proceedings of a company, they had stakes in the outcome of the action proposed to be taken. In another important case Sunil Batra vs. Delhi Administration, the court relaxed the adversial procedures to the extent that it recognized the right to a prisoner to move the court complaining of alleged torture of another prisoner. In the same breadth, the judiciary treated the letters written to it as writ petitions as it would expand ‘access to justice’ (Sahoo 2002). The court made further innovation in public interest cases by granting interim relief to the victims, specifying the amount of compensation and supervising the process of their implementation.29 The Court’s active promotion of PIL encouraged thousands of public spirited individuals, lawyers, citizen forums and NGOs to file litigations on behalf of underprivileged and helpless individuals and groups. Hundreds of litigations were filed on all kind of issues ranging from human rights violation, women rights, child rights, bonded labour, environmental pollution and even constitutional and governance issues.

In every sense, PIL heralded the era of judicial activism in India. This is not to deny the roles of other instruments in aiding the activism of the court. Through PIL, the court creatively expanded substantive rights (i.e., Fundamental Rights especially Article 21) to cover unarticulated but implicit rights such as right to live with human dignity, the right to livelihood, the right to education, the right to health and medical care of workers, and the right to healthy environment (Baxi 2000; Rajamani and Sengupta 2010). In the process of performing such roles, which many name as ‘judicial activism’ (Sahoo 2002; Khosla 2009), the judiciary seems to have taken up or assumed the functions of other organs of the government. Scholars and practitioners cite such judicial tendencies of taking up the roles of other organs to inaction or failures of these branches to perform their constitutional roles which brought judiciary into the scene (Baxi 2000; Sathe 2001). However, there are equal numbers of scholars who point this to the ambition of a handful of ambitious judges to usurp the powers of executive and legislature at a time when the governance regimes are fragile and weak. Regardless of its origin, court’s activism through PIL route has got into take various avatars: mainly law making and executive.

Court in Executive Shoes

In hundreds of PIL based judgements, the court has entered itself unto the shoes of executive branch. Beyond delivering verdicts, the court virtually has gone into executive spheres when it granted compensation to the victims, passed orders to rehabilitate bonded labourers, issued directions to rickshaws to rickshaw pullers and to prevent them from unemployment, issuing guidelines to check environmental pollution. In a significant judgement in Vineet Narain vs. Union of India, court used ‘continuing mandamus’ to give government a series of policy directions including conferment of statutory status to Central Vigilance Commission, manner of their selection, tenure and other nitty- gritty of executive job (Rajamani and Sengupta 2010). All these acts suggest that the judiciary has intruded into the areas, which were usually known as domains of executive. The fact is, in all these cases, judiciary is apparently telling the executive branch to implement their own laws on bonded labour, minimum wages, equal remuneration, contract labour and so on (Baxi 1985).

Judicial law making role

Through PIL backed judicial activism, the court often assumed law making role meant exclusively for the legislative branch. For instance, in Hussainara, the court went to the extent of redrafting the prison jurisprudence. Similarly, in Azad Rickshaw, the court directed reforms need to be infused in the existing laws. In a significant judgement in Vishaka vs. State of Rajasthan, in the absence of law the Court took the reasonability of laying down guidelines on sexual harassment in the workplace apart from providing procedures and mechanisms for investigation and redress. The court justified such act under Article 32 of the Constitution (constitutional remedies). The Court emphasized that this would be treated as the law declared by this court under the article 141 of the Constitution.40 In short, in a number of PIL related judgments, the court has assumed law making role, often raising uncomfortable constitutional questions.

To sum up, the implantation of PIL into justice delivery process and its further improvisation by the court in numerous cases ranging from human rights violations, rights of disadvantaged, environment, redress for executive inaction to constitutional questions restored public faith on judicial institution and eventually made it one of the most powerful judiciaries in the world. Yet, PIL and host of other instrumentalities that the court has been employing in increasing number of instances have led to growing tensions among key branches of the government, thereby raising serious constitutional questions of separation of powers. Scholars and critiques monitoring the judicial story feel that in growing number of issues, the court is usurping powers of other constitutional branches, something rarely visualized by the constitution makers (Shunmugasundaram 2007; Mehta 2007). That Court is adjudicating matters beyond its jurisdictions and often dabbling in policy making (Mehta 2007, Rajamani and Sengupta 2010). From cases ranging to decide technical issues such as nature of environmental pollution to political questions such as dissolution of state Assembly (Article 356) to anti-defection laws, judicial overreach has been spread in all spheres of state policies.

Judicial Accountability

PIL aided judicial activism which has led to an unprecedented growth of judicial powers, is ironically an institution with very little formal accountability. By creating a ‘basic structure’ conditionality (to effectively restrict legislature’s power to amend constitution), by including judicial review into the new clause, by expansive interpretation of traditional rights and by investing itself with the power to select the judges, the judiciary has made itself a supra institution. In every sense, the court has moved closer to becoming an ‘imperium in imperio’ (Rajamani and Sengupta 2010). For all practical purposes, there exists no oversight over judicial exercise of constitutional roles. The only way in which the executive used to retain some control i.e., appointment of judges, have been taken away by the judiciary after its controversial judgement in three Judges case. In fact, India is only country in liberal democracies where the judges alone appoint judges to the higher judiciary (Menon 2008). Similarly, with impeachment provision remaining extremely arduous process (has been exercised successfully only once in the last 68 years), judiciary increasingly look above the democratic processes (Mehta 2007). The most striking fallout of such unaccounted powers is reflected in many individual judges often going out of rule book and decide cases and make remarks that can clearly bring down the reputation and legitimacy of judiciary. Most worrisome trend is growing trends of corruption41 among the judicial fraternity which have been openly acknowledged by the Chief Justices and senior members of the Bar.42 In fact, alarmed by the lack of accountability and other vices gripping judiciary, the government has put up a Judicial Accountability Bill to address many of the maladies currently afflicting judiciary. In short, there exist little or no institutional mechanisms to enforce accountability and responsiveness among the judges of higher judiciary.

Judicial Reforms

Notwithstanding its activist streak and far reaching contributions in terms of expending new frontier of rights and justices via PIL, this critical constitutional instrument of last resort is in deep crisis today. Not only are the courts in India sitting over mountain of litigations, judicial decisions becoming inconsistent often contradicting each other 43, expensive and time consuming and far beyond the reach of average citizen, let alone the poorest and marginalised as the court have been trying to do through PIL.

By government’s own admission, there are 32 million cases pending in all tiers of the judiciary.44 While about 66,569 cases are currently pending with the Supreme Court, 42 lakh with High Courts and 2.8 crore with subordinate courts. According to estimation by PRS Legislative, a parliamentary watchdog, pendency has increased by 148% in the SC, 53% in High Courts and 36% in subordinate courts in the last 10 years. Added to this is very low conviction rate (6%). Disposal rate is just over 17%. According to a recent McKinsey study, if Indian courts continue operating at their current rates, they would take more than 300 years to clear their judicial backlog. The reasons for pendency according to the Union Law Minister are multifarious (i) increase in institution of fresh cases; (ii) inadequate number of judges and vacancies; (iii) inadequate physical infrastructure and staff; and (iv) frequent adjournments.

Linked to pendency is ever increasing number of vacancies at various courts. According to a recent estimate, there 3,422 unfilled vacancies in the district and subordinate courts and 276 in the High Court (out of sanctioned strengths of 895). More startling is that as many seven high courts in the country are without full-time chief justices, largely because the existing collegiums have not time to make recommendations. In short, even the collegiums system of appointment by the judiciary has not kept pace with the demands of the time.

Growing instances of corruption is something which bothers the judiciary as much it has to other branches of the government. Once viewed above corruption, the judicial branch is news for corruption and favouritism. According to Transparency International judicial corruption survey, some 77% of Indians believe judiciary to be corrupt. Nearly 3600 crores goes in terms bribing lawyers and judges to get justice and avoid long dragging of cases and frequent adjournments. Several sensational cases of corruption and misuse of official position by some judges have grabbed the attention of press and public, thereby sullying the image of judiciary in the recent years.

The most important issue, however, is the issue of access to justice. For countless citizens especially poor and marginalised, access to justice remain a distant dream. Many special schemes such as Lok Adalat and free legal aid have remained of symbolic in nature (Menon 2008). According to many reports and studies, justice delivery system in India remains cumbersome, time and money consuming for most citizens, let alone the poor.

Last but not the least, the judicial process is yet to embrace modern information technology in a big way. It is evident from global experiences that application of communication technologies and automation of judicial process is revolutionising justice delivery process and the aspects of speed and efficiency. However, except for the higher courts to some extent, much of the judicial system at lower level function with old and inefficient process. The judiciary in India is lacking both physical as well as knowledge infrastructure to meet the gargantuan expansion of workload and public expectations.

In response, both judiciary and the government have undertaken a slew of measures to overhaul an ailing justice delivery system. The government has set up a number of commissions and committees to study and suggest remedial measures. The most recent have been the elaborate suggestions made by the Report of Second Administrative Commission and 170 th Report of the Law Commission of India. Against a growing outcry about a dysfunctional justice system, the SC and several High Courts have initiated number of initiatives to reduce pendency, expand infrastructure facilities, improve governance process and be more accessible to citizens. For instance, the SC set up a National Court Management Systems Scheme in May 2012 to address the issues of efficiency and governance. Under the scheme, a National Framework of Court Excellence has been instituted which will set “measurable standards” of performance for courts addressing the issues of quality, responsiveness and timeliness. Similarly, the Court has set up an E-Committee to devise and implement a National Policy on computerization of judicial administration in order to expedite delivery of justice in civil and criminal cases. On pendency issue, the idea of Fast Track Courts which have reduced pendency of nearly 20 lakh criminal cases. In Tamil Nadu, Andhra Pradesh and Gujarat, such courts have been proved to be quite effective in disposal of cases involving minor offences which are clogging our criminal justice system. Delhi High Court has recently started evening courts initially for cases under Section 138 of Negotiable Instruments Act, involving small amounts. Most important development, however, is allocation of substantial financial resources for judiciary by the 13 th and 14 th Finance Commissions.

These apart, there have been slew of other proposals of huge promise doing the round of judicial reforms. While the judiciary has proposed for Alternative Methods of Delivery of Justice to dispose cases more rapidly through out of court settlements, the Union government has come out with several key bills on appointments, accountability, judicial conduct and so on. Also, there is a pending proposal for the constitution of All India Judicial Services. In short, a number of ideas and proposals are being mooted and actively debated to reform judiciary in India.

References/ Reading

• Austin, Granville. 1966. The Constitution of India: Cornerstone of a Nation, Oxford: Oxford University Press.
• Austin, Granville. 1999. Working a Democratic Constitution: A History of the Indian Experience, Delhi: Oxford University Press.
• Basu, D. D. 2012. An Introduction to the Constitution of India, Delhi: LexisNexis.
• Baxi, Upendra, 1985a. Taking Suffering Seriously: Social Action Litigation in the Supreme Court of India, in Judges and the Judicial power: Essays in Honour of Justice V.R. Krishna Iyer (Rajeev Dhavan et al. Eds).
• Baxi, Upendra, 1985b. Courage, Craft and Contention, The supreme court in the Eighties, Lecture 2. Bombay: N.M. Tripathi Pvt. Ltd.
• Baxi, Upendra, 2000. Kusum Verma (ed.) Fifty years of The Indian Supreme Court, New Delhi: Oxford University Press.
• Baxi, Upendra, 2001. “Introduction” to S.P. Sathe, Judicial Activism in India, Oxford: Oxford University Press.
• Bhagwati, P.N. 1985. “Judicial Activism and Public Interest Litigation, 23 Colum. J. Trans. L, 561.
• Desai Ashok H and S. Muralidhar, “Public Interest Litigation: Potential and Problems” in B.N. Kirpal and Ashok H. Desai (eds), Supreme but not Infallible: Essays in Honour of the supreme Court of India, New Delhi: Oxford University Press, 2000.
• Dhavan, Rajeev. 2000. Judges and the Indian Democracy: The Lesser Evil?, in Transforming India: Social and political Dynamics of Democracy, (F.R. Frankel et al. eds) Keenan D. Kmiec, 2004. “The Origin and Current Meanings of “Judicial Activism,” California Law Review, 92.
• Khosla, Madhav, 2009. “Addressing Judicial Activism in the Indian Supreme Court: Towards an Evolved Debate”, Hastings International law and company Law Review, 55, 93–94.
• Mehta, Pratap Bhanu, 2007. The Rise of Judicial Sovereignty, Journal of Democracy, No. 2.
• Menon, Madhav N.R. “Law and justice: A look at the Role and Performance of Indian Judiciary”, A Lecture delivered at University of California, Berkeley, September 8, 2008.
• Mohanty, Biswajit. 2009. Constitution, Government and Politics in India, Delhi: New Century Publishers.
• Pylee, M.V. 1980. Constitutional Government in India, Bombay: Asia Publishing House.
• Rajamani, Lavanya and Arghya Sengupta, 2010. The Supreme Court of India” in Pratap Bhanu Mehta and Niraja Gopal Jayal (eds), The Oxford Companion to Politics in India. Delhi: Oxford University Press.
• Sahoo, Niranjan. 2002. Judicial Activism and Public Interest Litigation in India: Specific Reference to Environmental Issues, An unpublished PhD Dissertation, University of Hyderabad.
• Sathe, S.P. 2001. Judicial Activism in India, Oxford: Oxford University Press.
• Shunmugasundaram, R. 2007. Judicial Activism and Overreach in India, Amicus Curie, Issue 72, Winter.
• Singh, Parmanand. 2000. Protection of Human Rights through Public Interest Litigation in India, 42 J. Indian law Institute, No. 263.
• Sripati, Vijayashri, 1997. Human Rights in India – Fifty Years after Independence, 26 Denver Journal of International Law & Policy, 93, 136.

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• independence
• Indian judiciary

The Bhima Koregaon case

The cbi-alok verma case, the rafale deal case, independence of the indian judiciary : as demonstrated in relevant rulings.

This article is written by  Ishan Arun Mudbidri and Ayush Tiwari . This article talks about the independence of the Indian judiciary.

This article has been published by Sneha Mahawar .

Table of Contents

Introduction

The independence of the judiciary is one of the central elements of India’s democratic system. It is a unique feature that separates India from other countries. However, time and again, the independence of the judiciary has been challenged by external or political influence and this has raised some doubts on the provisions mentioned in the principle of separation of powers. Hence, this article talks about some of the recent instances, where the Independence of the Indian Judiciary has been challenged.

The Constitution of India guarantees independence to the judiciary. However, protecting judicial autonomy begins with the Constitution governing the court. In the end, the independence of the judiciary rests on the creation and support of an overall favourable environment by all state institutions, including the judiciary and the general public. The judiciary’s independence must also be continuously protected against unforeseen circumstances and shifting social, political, and economic circumstances; it is too sensitive to be left unprotected.

Independence of judiciary in India

Due to the prolonged British Raj and then a newly formed democracy, there was always a concern on how the judiciary in India should function. Hence, an independent judiciary was the answer to this question. For the prosperity and stability of the country, the rule of law is very important. An independent and impartial judiciary can establish a stable rule of law. Independence of judiciary means, the power of upholding the rule of law, without any fear or external influence, and maintaining effective control over the actions of the government. The independence of the judiciary is part of the basic structure of the Constitution. The independence of the judiciary ensures that the powers of the Parliament, the State legislature, and the Executive, are properly distributed and there is a balance between the demands of the individuals and norms of the society. The legal system does not have any ideology and political interests and is often rendered neutral. 

Few case laws which explain the concept of independence of the Indian Judiciary

In the case of S.P Gupta v Union of India (1982) , the court held that the judges should be fearless and should uphold the principle of rule of law. This is the basis of the concept of independence of the judiciary.

In the case of   Supreme Court Advocates-on-Record Association & Anr. Vs Union of India (1993) , the court observed that the independence of the judiciary is necessary for democracy to function effectively. The court further concluded by stating the powers and rights can never be hampered as long as the judiciary remains independent from the executive and the legislature.

Constitutional provisions on an independent judiciary

Around the world, the independence of the judiciary has been a debate. However, as India has a written Constitution, the independence of the judiciary is mentioned in writing, hence, making this concept even more important. Independence of the judiciary means that the legal fraternity has all the powers to make their own decisions, without any external influence. The judiciary is not only important in dispensing justice but also, in solving disputes arising between the States. This can only be done if the judiciary is free from all outside pressures. Judges play one of the most important roles in the legal system. Hence, independence of the judiciary also means independence of the judges. This means that the judges can submit their reports and take decisions without any influence, they are not dependent on the Government, and they are not dependent on any of their superior judicial officers. Part 5 of the Indian Constitution deals with the Union Judiciary. The independence of the judiciary starts with the appointment of the judges in the courts. Article 124 to Article 147 deal with the appointment of the Supreme Court judges and , Article 214 to Article 231 deal with the appointment of judges in the High Courts. Further, the Subordinate courts are mentioned under Article 233 to Article 237 of the Constitution. The highest subordinate court is that of the court of District Judge. The framers of the Constitution divided the judiciary, legislature, and the executive into three separate organs, so as to ensure that each organ will perform its roles independently and not interfere with the functioning of the other, and also that this will help in justifying the principles mentioned in the Preamble.

The meaning of independence with respect to the judiciary 

Even after years of existence, the meaning of the judiciary’s independence is still unclear. Our Constitution’s Articles 124 to 147 deal with the appointment of Supreme Court judges and Articles 214 to 231 deal with the appointment of judges in the High Courts, but our Constitution only mentions the judiciary’s independence; it makes no mention of what such independence truly entails. Judiciary’s independence includes both the independence of the judicial institutions and the independence of the judges who make up its body. However, judicial independence does not mean lack of responsibility or arbitrariness. The country’s democratic political system includes the judiciary. As a result, it must answer to the country’s citizens, the Constitution, and democratic values. The theory of the separation of powers appears to be the concept’s foundation and focal point. Therefore, it largely refers to the judiciary’s independence from the executive and legislative branches. Judiciary’s independence goes beyond just establishing a separate institution free from the oversight and influence of the government and the legislative branch. The fundamental goal of the judiciary’s independence is that judges must be able to resolve a dispute that comes before them in accordance with the law, free from other influences. Because of this, every judge’s independence is a component of the judiciary’s overall independence.

Independence of the judiciary and the rule of law

French theorist Montesquieu contended that a framework in which various authorities exercised legislative, administrative, and judicial authority while all being bound by the rule of law was the best way to avoid despotism. He saw despotism as a looming danger to any government that was not already despotic and the principle of separation of powers refers to this theory. Judicial review is one of the strongest strategies courts use to defend the rule of law. Judicial review refers to the court’s authority to assess the legality of both government executive orders and laws established by the legislature. By employing this authority, the court maintains control over the legislative and executive branches.

The case of Marbury v. Madison (1803), in which Chief Justice Marshall established that the court had the authority to evaluate legislation adopted by the legislature, can hence be credited for giving birth to the concept of judicial review. However, a lot of academics have criticised this idea for a variety of reasons, including judicial authoritarianism, excessive dependence on judges, being undemocratic, and being a barrier to a strong democracy.

Independence of the judiciary : international perspective

The Basic Principles on the Independence of the Judiciary , which were ratified by the General Assembly in resolutions 40/32 on November 29, 1985, and 40/146 on December 13, 1985, were approved by the 7th United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Milan from August 26 to September 6, 1985. The Universal Declaration of Human Rights ( Article 10 ) and the International Covenant on Civil and Political Rights , among other human rights documents, both established the idea of judicial independence ( Article 14 ). Additionally, there are a number of UN standards, particularly the Ban galore Principles of Judicial Conduct from 2002 which was accepted by the UN General Assembly.

The United Nations Charter , the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Organisation and Administration of Justice in Every Country, and other basic principles developed to aid the Member States in their task of securing and promoting the independence of the judiciary should be taken into consideration and respected by governments within the framework of their national legislation and practise and brought to the attention of judges, lawyers, members of the executive, and the legislative.

Constitutional provisions (more content for existing heading)

Our constitution has several clauses that guarantee the independence of the judiciary. The following is a discussion of the constitutional clauses:

Security of Tenure: 

The Supreme Court and high court justices have been granted tenure security. Once appointed, they stay in their positions until they reach the retirement age, which is 65 years for judges of the Supreme Court ( Article 124(2) ) and 62 years for high court judges ( Article 217(1) ), respectively. They cannot be removed from their positions other than by presidential order, and even then only on the basis of proven misbehaviour and incapacity. A majority of all members of each House of Parliament, as well as a majority of at least two-thirds of the members who are present and voting, are required in order to approve a resolution to that effect. Due to the difficult nature of the procedure, there has never been a case of a Supreme Court or High Court judge being removed under this clause.

Separation of the Judiciary from the Executive: 

According to Article 50, which is one of the Directive Principles of State Policy, the State must take action to keep the judiciary and executive branches distinct in its public services. Securing the judiciary’s freedom from the executive is the goal of the Directive Principle. There must be a separate, independent judiciary according to Article 50.

Salary and Allowances: 

Since judges’ salaries and allowances are set and not subject to a vote by the legislature, it is also a factor that contributes to the judges’ independence. In the instance of judges of the Supreme Court, they are charged to the Consolidated Fund of India, and in the instance of judges of the high court, to the state consolidated fund. Except in extreme financial emergencies, their pay structures can be changed, but they cannot be changed to their detriment (Article 125(2)).

Powers and jurisdiction of Supreme Court: 

Parliament is only able to increase the Supreme Court’s authority, it cannot reduce it. Parliament may alter the monetary threshold for Supreme Court appeals in civil matters. The Supreme Court’s appellate authority may be expanded by Parliament. To help the Supreme Court function more efficiently, it could grant it extra authority. It may provide authority to issue orders, writs, or directives for any purpose other than those listed in Article 32. The Supreme Court’s authority cannot be diminished, thereby establishing judicial independence in India. 

Penalising for its contempt:

Both the Supreme Court and the high court are able to do so. According to Article 129 , the Supreme Court is empowered to penalise for its contempt. Similarly, Article 215 stipulates that each high court should have the authority to impose punishment for contempt of itself.

The conduct of a judge is not discussed in the state legislature or Parliament:

According to Article 211 , no debate over the behaviour of any Supreme Court or high court judge in the course of his duties shall take place in the state legislature. A similar provision is included in Article 121 , which states that no discussion of the behaviour of the Supreme Court or A high court judge in the performance of his duties may take place in Parliament until a resolution is presented by the President requesting the judge’s dismissal.

Appointment of Judges

The collegium.

According to the First Judges case , the Chief Justice of India’s (CJI) proposal for judge appointments and transfers might be rejected for “cogent reasons.” For the following 12 years, the executive had priority over the judiciary in making judicial appointments. However, the Supreme Court held in the Second Judges case (and subsequently the Third Judges case, which was a clarification) that the judiciary had supremacy in appointing judges. According to it, the Supreme Court’s senior-most judges and the Chief Justice of India will have a major influence on judicial recruitment decisions. Regarding judicial appointments, rules and procedures were established. The executive’s position was drastically diminished, and the judiciary now controlled a major function.

With the passage of the Constitution (Ninety-ninth Amendment) Act of 2014 as well as the National Judicial Appointments Commission Act of 2014 , the NDA government proposed the establishment of the National Judicial Appointments Commission in 2014. The Commission would be made up of the Chief Justice of India, two senior judges, the Law Minister, and “two eminent personalities” chosen by the Prime Minister and Leader of the Opposition. The NJAC Act and Constitution (Ninety-ninth Amendment) Act, 2014 were, however, declared illegal by the Supreme Court in a case brought by the Advocates-on-Record Association as according to them it undermined the separation of powers and intruded on the independence of the judiciary.

Relevant rulings where the independence of the Indian Judiciary has been challenged

No one is perfect in this world. So, how can a judiciary be perfectly independent? In India too, judicial independence has been challenged in various court rulings. However, before that, to justify this, in India the Constitution has mentioned provisions for the appointment of judges in the Supreme Court and the High Court, but the final approval while selecting the judges is in consultation with the President of India . A few of these court rulings are:

In this case , the Indian Government announced a deal with the French Government to purchase 36 Rafale fighter jets from the French company Dassault Aviation in 2015. The deal also included a 50% offset clause which meant that the French company had to invest 50% of the contract value in India by purchasing Indian goods and services. Next year, the company and Reliance Group announced a joint venture. Dassault specified that it wants to invest $115 million to fulfill its offset obligation partially. Hence, the matter went to the Supreme Court where the litigants alleged irregularities in the deal. The Court turned down the corruption charges on the grounds that it had less scope for judicial review in defense matters. This decision of the Court proved to be controversial as the government stated that the judgment had some factual errors. The judgment consisted of the CAG(Comptroller and Auditor General) report and the Parliamentary Accounts Committee report which were submitted to the Court by the government and were termed as misinformation. The Court decided to review the petitions on merit, hence closing the controversy.

In 2018, the celebrations for the bicentenary anniversary of the Bhima Koregaon battle were interrupted due to violence leading to the death of a person and several injuries. The police investigated and arrested several activists claiming that inflammatory speeches were made by them eventually leading to the violence. Hence a PIL was filed seeking an investigation by the SIT (Special investigation team) over the Unlawful Activities (Prevention) Act charges against the arrested activists. The litigants alleged that the Mumbai Police were biased in their decision. The case went to the Supreme Court who dismissed the case with a 2:1 majority. While the two judges who were Chief Justice of India Dipak Misra and Justice Khanwilkar were satisfied with the investigation done by the Mumbai Police, Whereas, Justice D.Y Chandrachud was not. Justice Chandrachud dissented, alleging that the arrests were made targeting political dissent.

Aadhar Act as a money bill case

In this case, the issue was whether the Aadhar Act in 2016, was passed as a money bill. The court held that it was a money bill again with a majority. Justice A.K Sikri accepted the act as a money bill and referred to Section 7  of the Act which states that the Aadhar based authentication can be used for benefits or services charged on the Consolidated Fund of India, hence it can be used as a money bill. Whereas, Article 110 of the Constitution stated that the money bill can be used only on services related to spending and receiving of money by the Union Government. Hence, the judgment was criticized and Justice Chandrachud who had dissented to the judgment termed it as a fraud on the Indian Constitution.

In this case, the judgment was delayed. The government had divested the CBI director Alok Verma of all his powers. This needed sanctions from a high-powered committee under the Delhi Special Police Establishment Act . The Supreme Court examined the details of the corruption charges against the CBI director. Later, the Court directed the reinstatement of Verma as the CBI director on the basis of the sanctions of the selected committee. However, the reinstatement was ordered when Mr. Verma had just three weeks left for his tenure. Hence, this raised criticism once again.

Is India’s judicial independence at stake

The above-mentioned court rulings were criticized on the grounds that they had political interests. However, there have been instances where the judges after retirement have enjoyed certain benefits. Former Chief Justice of India Ranjan Gogoi was made a member of the Rajya Sabha after stepping down from the post of CJI. Similar instances in the past have occurred. In 1991, Justice Ranganath Mishra stepped down as the CJI and was later made the Chairman of the National Human Rights Commission . Justice M. Hidayatullah was the Chief Justice of India who retired in 1970. He later became the Vice President of India. There have also been instances where the members of Parliament have become judges. Due to the COVID 19 pandemic, the courts are shut and all physical hearings are done online. This has made things difficult because there is already a huge pendency of cases. Hence the courts decided to deliver judgments on cases that are very urgent. However, the listing of urgent cases for hearing has been controversial. A petition was filed in the case of Jagdeep Chokkar v Union of India (2020) , for the return of the migrant workers who were helpless and stranded amidst the lockdown to their homes. This matter was not heard immediately, whereas a petition filed in the case of Arnab Goswami v Union of India (2020), for quashing the FIRs against him, was heard on the next day. Hence this was controversial as to which case the court found more important. Further, the internet in Jammu and Kashmir was shut down for nearly 6 months. The Court took a long time to hear this matter. The people in Jammu and Kashmir were deprived of the internet and cut of from the rest of the world. As we have touched on the cases where the court has faced criticism for having political interests, there have been many landmark judgments that were assumed to have political interests but the judiciary stood strong. In the case of Indira Gandhi v Raj Narain (1975), Raj Narain, an activist challenged the appointment of the then Prime Minister Indira Gandhi on the grounds that it was faulty. This case was just before the emergency was implemented. The Court found out that the appointment of Indira Gandhi was faulty and she was ordered to leave her office. This judgment proved to be one of the major judgments in the context of judicial independence. However, in recent times, the judiciary has had to face a lot of criticism due to the cases they give more priority to, and also the post-retirement stint of the judges. This shows that there is work needed to be done in the functioning of the justice system. Few suggestions are:

• The salaries given to the judges in India are less as compared to the other countries, which makes a strong reason why the judges look for post-retirement jobs.
• Many times it is seen that highly influential cases are given more priority than the cases which are of a social cause and are really necessary to be heard. The reason this might be happening is the low strength of the judiciary. Increasing the strength of the judiciary can help in solving influential as well as genuinely urgent cases.
• There is a need to impose a law that ensures that the judges do not get post-retirement jobs. This will ensure a little discipline and reliability in the working of the courts.

Before the concept of the collegium given by the Supreme Court, Article 124 of the Indian Constitution stated unequivocally that the President of India, in concert with the Chief Justice of India, would appoint any judges to the Supreme Court. This indicates that the constitutional writers themselves thought the appointment of judges required the intervention of the executive. It has been made very obvious that all of the components of a democratic government require the establishment of certain safeguards. The Constitution’s framers made a conscious decision to keep the executive involved in the selection of the judiciary in order to prevent any abuse of power by a single branch of government, despite the fact that the entire concept of the separation of powers was created to keep each branch independent of the other. However, collegium governance should also exist with regard to the promotion or transfer of judges in order to protect their judicial independence and allow them to exercise their judgement freely without interfering with their personal or substantive independence. So, we can say that independence of the judiciary is necessary while not forcing itself on the other wings of the government.

The work that the justice system does is very difficult. Hence, the judiciary has been given the power of judicial independence which is mentioned in the Constitution of India. The judges do a phenomenal job of administering impartial justice to the people. However, while doing this, there are bound to be people who are not happy with the decision. Hence, this is where the independence of the judiciary is challenged. Now, no one can ever prove whether there is any sort of influence on the justice system in India. However, the above-mentioned case laws and the examples of judges acquiring jobs after retiring from the judiciary, call for some serious reforms in the country’s justice delivery system.

References 

• http://www.legalserviceindia.com/legal/article-2973-constitutional-framework-for-independence-of-judiciary-in-india.html#:~:text=The%20Indian%20Constitution%2C%20unlike%20the,by%20the%20State%20High%20Courts.& text=For%20rule%20of%20law%20to%20prevail%20judicial%20independence%20is%20of%20absolute%20necessity.
• https://theprint.in/opinion/indian-politicians-get-favourable-outcome-in-courts-when-party-is-in-power-data-shows/283103/
• https://www.prsindia.org/theprsblog/can-supreme-court-ask-government-frame-law
• https://thewire.in/law/restoring-public-trust-in-the-indian-judiciary-calls-for-more-scrutiny-not-less
• https://www.jurist.org/commentary/2020/05/arpit-richhariya-indian-judiciary-independence/
• https://www.ideasforindia.in/topics/governance/the-politics-of-post-retirement-appointments-corruption-in-the-supreme-court.html

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Home » Indian Polity » Structure, Organization and Functioning of the » Judiciary

Indian constitution has established an integrated judicial system with the Supreme Court at the top and the high court below it. Below the HC, there is a hierarchy of subordinate courts. This single system of courts, adopted from the government of India Act of 1935, enforces both central laws as well as the state laws.

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Essay on Role of Judiciary in the Country Today

The judiciary plays a crucial role in any democracy. It is considered one of the three pillars of democracy along with the legislature and the executive. It acts as a check on the other two, making sure that they don’t cross lines they’re not supposed to.

Today, the judiciary in India has become more prominent and highly active. India is passing through a phase of judicial activism and sometimes the judiciary itself takes cognizance of a case for the larger interest of public and the nation. It also plays a significant role in instilling the fear of law, keeping corruption and the law and order situation under control.

Long and Short Essay on Role of Judiciary in the Country Today in English

Below are short and long essay on Role of Judiciary in the Country Today that will help you in your exams/assignments.

These ‘Role of judiciary in the country today’ essay will keep you informed on the judicial system and its role in India.

You will also know the powers of the judiciary over executive and legislature.

Select any Role of Judiciary in the Country Today essay that best suits your needs and present it in your schools, colleges essay writing, speech or debate competitions.

Essay on Role of Judiciary in the Country Today – Essay 1 (200 words)

Introduction

The judiciary is one of the three lynchpins of a democracy, the other two being the legislature and the executive. All three work in concert to ensure that the democratic system works efficiently. However, the executive and the legislature need checks on their power or a democracy can turn into an autocratic system. This is where the judiciary comes in.

Judiciary’s Role

While the judiciary has many important roles to fulfil, the ones that stand out in the current political climate are:

• To act as guardian and interpreter of the Constitution
• To protect fundamental and other rights of the citizens of India

The two roles aren’t unrelated. It is the judiciary’s duty to ensure that whatever measures are enacted by the legislature or the executive are in keeping with the Constitution. This means that if it has reason to believe that legislative measures go against the Constitution of the country, it can strike them down. Similarly, if these measures violate the fundamental rights of the citizens or even other rights, the judiciary can stall or end them.

The roles of the judiciary are perhaps the most important roles in the entire democratic structure. They ensure that people’s rights are maintained and the government works in the framework of the Constitution.

Essay on Role of Judiciary in Indian Democracy – Essay 2 (250 words)

Indian democracy is held up by three pillars – the executive, the legislature and the judiciary. Each system is complementary to the other two, at the same time acting as checks and balances to them. As per the Constitution of India, the judiciary is the most independent out of the three and is given a wide range of powers so that it is capable of offering justice freely and fairly.

Role of Judiciary

The Indian judiciary’s role has become evident in the last few years because of the scams brought to light that involved bureaucrats and many political leaders. Scams such as the Fodder scam, the Hawala scam and the Telecom scandal involved charges of corruption by some of the top leaders of the land. While some were acquitted, many more are still being tried. Some have been convicted and jailed while others were forced to resign due to public pressure.

It is obvious that without a system in place to check them, top leaders would have tried to exercise undue influence to hide their misconduct. As it is, lobbying groups with vested interests tried to tarnish the image of the judiciary. They even went so far as to insinuate that the judicial system was working against the interests of the country and its people.

Clearly, the role of the judiciary is critical to our country today. As the scams have demonstrated, we cannot always rely on our leaders to behave as they must or do what they must. Too many of them have proven to be corrupt and hungry for power in ways that trample the rights of ordinary citizens and even break the laws of the land. The judiciary is the only body that can hold them in check and mete out free and fair justice that they deserve.

Short Essay on Judiciary of India – Essay 3 (350 words)

In India, the judiciary is multi-tier system with the Supreme Court at the top, High Courts at state level and District Courts at the district level. It is an independent system and has often been called the guardian of the Constitution and the fundamental rights of Indian citizens. It follows the common law system meaning that the law of the land is formed by customs, legislation and precedents.

What it Does

The interpretation of the Constitution lies in the hands of the judiciary. Its mandate comes from the Constitution, that mandate being that neither the executive nor the legislature can pass any acts without those acts being overseen by the judiciary to ensure that they are in compliance with the Constitution. If there are conflicts between two or more states or between the state and central governments, the judiciary balances the power between them based on the Constitution.

The Constitution ensures that the judiciary is a separate and independent body. No one is allowed to influence it be they citizens, other branches of states or even interest groups. No members of the legislature or executive can suggest the names for judicial appointments. The names are recommended by collegium of the judiciary and the President determines the appointees. Similarly, the judges of the Supreme Court cannot be removed from office unless it is proved that they have committed misconduct or are no longer capable of carrying out the role. Even then, it requires a two-thirds majority in either one of the houses.

The makers of the Constitution realized that the executive and the legislature required checks and balances from a body that would be completely independent from them so as to minimize undue influence that those two bodies might exercise on their own behalf. The Indian judiciary plays that role and ensures that those two bodies do not overstep their bounds and interfere with what is laid down in the Constitution or with the fundamental rights guaranteed to the citizens of India.

Essay on Importance/Role of Judiciary in Democratic Country – Essay 4 (350 words)

Together with the executive and the legislature, the judiciary acts as one of the three pillars that uphold democracy. A democratic government that is ‘of the people, for the people and by the people’ needs a judiciary that is strong and independent so that the rights of the people do not get trampled upon by those in power. Therefore, the judiciary becomes the most important pillar of democracy.

Importance/Role of Judiciary in Democratic Country

In a democracy, citizens get certain inalienable rights without any prejudice or discrimination. However, power does corrupt and the elected representatives of the people can be prone to trampling on these rights in order to consolidate or increase their power. In such situations, the only places citizens can go to get justice are the courts.

The rights guaranteed by the Constitution to the citizens of a democracy are its lifelines. Therefore, to uphold a democratic system these rights need to be protected and this is where the judiciary comes in. If someone feels that their fundamental rights or other rights have been violated, they can seek justice in a court of law.

The judiciary can, under certain circumstances, order the government to take certain actions that it believes will uphold the values of democracy. This includes telling central or state governments to stop partisan activities. It can also question the reasoning behind actions that it believes are uncalled for.

These situations illustrate that a democracy will collapse almost immediately if there is no judicial system or if the judicial system in place is subservient to the executive or the legislature or both. Those in power don’t like to give it up easily. Without a judiciary, there will be no checks and balances on the powerful and citizens will suffer for it.

Without a judiciary that is independent, democracy is inevitably doomed. All systems need checks and balances and the judiciary provides these so that the rights of the citizens aren’t trampled under the machinations of the power hungry. The role of the judiciary in a functioning democracy is a vital one, without which a democracy just won’t work.

Essay on Role of Judiciary in Indian Democracy – Essay 5 (400 words)

The Supreme Court is at the apex of the Indian judicial system, followed by the High Courts at state level, the District Courts at district level and a number of local courts below them. The judiciary of India is independent of the legislative and the executive so that it can safeguard the interests of the people. It also ensures that any legislation that violates the Constitution is struck down. However, these aren’t the only roles it performs.

Role of Judiciary in India

Several functions and roles that don’t fall under the purview of the Criminal or Civil codes are also enacted by the judiciary. Some of these roles and responsibilities are:

• Making New Laws – By virtue of its position as the interpreter of the Constitution and existing laws, the judiciary can create new laws. This is done by setting precedents and then following those precedents in later cases. The judiciary also has the power to overrule precedents that may violate the Constitution.
• Preventing the Violation of Law – When someone is accused of violating the law, a lawsuit is brought against them. A judge then listens to both parties and determines whether the law has indeed been violated and, if so, how the accused should be punished.
• Deciding on Constitutional Questions – Constitutional questions are usually decided by the Supreme Court. These can include Constitutional disputes between states or between a state and the Union. When such cases are brought in front of the Supreme Court, it decides how the Constitution should be interpreted with regards to the dispute.
• Administrating – Apart from judicial duties, judges also perform certain functions related to administration. These functions include appointing officers, maintaining records, administering staff or superintending over lower courts.
• Advising – There are times when the executive or the legislature turns to the judiciary to get clarity on constitutional points. In such cases, the judiciary acts as an advisory body.
• Protecting Fundamental Rights – The fundamental rights given to Indian citizens by the Constitution and the law of the land are under the protection of the judiciary. If a court believes that a new law will violate these rights, it has the power to declare such a law invalid.

It is clear that the role of the judiciary is a crucial one. There have to be checks and balances on those in power. The judiciary takes on that role. It also acts as arbiter and advisor to the Union and the states, to the legislature and the executive. These roles and functions become critical to upholding a democracy.

Related Information:

Essay on Fundamental Rights

Essay on Democracy in India

Essay on Democracy vs. Dictatorship

Essay on Human Rights

Speech on Role of Judiciary in the Country Today

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Home / Editorial

Constitutional law, independence of judiciary,  23-feb-2024.

• Constitution of India, 1950 (COI)

Source: Indian Express

Introduction

Recent decisions by the Supreme Court are making big waves in Indian politics. They are shaking things up and giving people hope for democracy. One decision in the case of Association for Democratic Reforms & Anr. v. Union of India & Ors (2024) says that the electoral bonds scheme is not allowed by the Constitution. Another decision in the case of Kuldeep Kumar v. U.T. Chandigarh (2024) says that AAP, a political party, won the mayoral race in Chandigarh, which is a change from the usual way things are done where the ruling party in the central government has more power.

Is the Judiciary Getting Stronger?

• The Court of Justice is fighting to keep the rules of the Constitution alive.

How Court is Keeping Things Fair and Right?

• The Court has a tough job of making sure it stays fair and still follows the rules, even when the government is trying to take over.
• But sometimes, it has given in to what the government wants, which makes people not trust it.
• These new decisions might show the Court is getting its power back.

How Judiciary is Independent in India?

• The Constitution of India, 1950 (COI) provides for the separation of powers among the legislature, executive, and judiciary, ensuring that each branch operates independently within its sphere of authority.
• Judges of the higher judiciary, including the Supreme Court and High Courts, are appointed by the President of India based on the recommendation of the Collegium system , which consists of the Chief Justice of India and a group of senior judges.
• The Constitution provides for security of tenure and conditions of service to ensure judicial independence.

• The judiciary in India has the power of judicial review, enabling it to examine the constitutionality of laws passed by the legislature and actions taken by the executive.
• Judges enjoy certain immunities and privileges to protect them from external pressures or influences while performing their judicial functions.
• The judiciary is granted financial autonomy to manage its budgetary requirements independently, reducing the potential for external influence.

What are Troubles for Democracy?

• The problems with fairness in democracy are not just about the Court. Cheating in elections and the government doing too much without being stopped are happening too often.
• This is dangerous because it makes democracy weaker and lets bad things become normal.

Why Do People Need to Pay Attention?

• If people do not keep an eye on what is happening and ask tough questions, democracy could fall apart.
• Even though the Court's verdict has bestowed justice, citizens need to be aware of the wrongdoings happening around them.

As India deals with the hard parts of democracy, it is part of judiciary to provide justice, but it is equally important for citizens to stand for their rights. Keeping democracy strong means standing up to unfairness and working together, this part of the citizen’s role in democracy can be exercised by the citizens themselves.

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Judicial System in India Essay | Essay on Judicial System in India for Students and Children

May 18, 2023 by Prasanna

Judicial System in India Essay:  The Judiciary system of Bharat is law and rules express for citizens’ government assistance. It’s responsible for affirming and re-authorize the law and request. Judicial System or the court system is furthermore the Judiciary System. The court has the office to make choices, and conjointly implement the law, tackle debates.

The legal executive system comprises Judges and elective justices; they type the seat or the centre legal executive system’s centre. Under the constitution of Bharat, the Supreme Court is that the final court of appeal. Subsequently has the law specialist of Bharat, just as thirty appointed authorities and elective adjudicators for consultative purview.

You can read more  Essay Writing  about articles, events, people, sports, technology many more.

Long and Short Essays on Judicial System in India for Students and Kids in English

We are providing the students with essay samples on an extended essay Judicial System in India of 500 words and a short essay Judicial System in India of 150 words on the topic of Judicial System in India.

Long Essay on Judicial System in India of 500 Words in English

Long Essay on Judicial System in India is helpful to students of classes 7, 8, 9, 10, 11 and 12.

The Indian Judiciary works independently from the Executive and Legislative groups of the Indian government. It capacities at various levels. The Supreme Court is the pinnacle body, trailed by High Courts at the state level, locale courts at the area level and Lok Adalats at the town and panchayat level. The legal executive is answerable for maintaining law and request in the country.

It tackles issues brought about by common and criminal offences. The Indian judicial system is displayed on the British legal system that worked during the frontier period. Very few revisions have been made in the system since independence. The Supreme Court came into power on 28th January 1950; two days after the Indian Constitution happened.

The Supreme Court (SC) has numerous obligations and duties. It is the most noteworthy court of allure in the land and is likewise the constitution’s defender. The Supreme Court of India is comprised of the Chief Justice of India and 25 different adjudicators. The Chief Justice is likewise counselled for appointing the adjudicators of the Supreme Court. The Supreme Court judges have the opportunity to practice their force when required. An official request is an absolute necessity for the expulsion of the SC judges. Additionally, a 66% lion’s share must be obtained from both houses.

The SC’s locale is 3-overlay – original purview (in questions among government and states), warning ward and re-appraising ward. The SC can likewise authorize essential rights according to Article 32 of the Constitution of India. If a high court judgment isn’t agreeable, one can engage the SC. The SC can acknowledge or dismiss cases at its attentiveness. It can likewise absolve criminals and drop their life detainment or capital punishment. Here and there, the President of India alludes cases to the SC under Article 143 of the Constitution and the most elevated court at that point takes a choice on it.

The SC isn’t dependent upon outer controls. Hatred of court is a culpable offence. The high court judges are appointed by the President of India in counsel with India’s Chief Justice and the Governor of the state. The Chief Justice heads the high courts of India. The Indian judicial system is all things considered genuine and fair-minded in its dealings.

Yet, it isn’t safe to debasement. A significant disadvantage of the Indian judicial system is the time taken to discard cases. This itself is regularly commensurate to a forswearing of equity as cases delay courts until the disputants are no more. The most optimized plan of attack courts is now and again set up in exceptional cases to forestall this.

Another allegation about the legal executive is that it doesn’t stop for a second to invoke the scorn of court law at whatever point there is some analysis. Even though the Indian disdain law was corrected in 2006, making ‘truth’ a guard, in August 2007, columnists who worked for the Mid-Day paper were granted a sentence of detainment by the Delhi high court for sullying the picture of the Supreme Court. However, they argued ‘truth’ as a safeguard. Such incidents have driven a few groups to remark that the Indian legal executive appreciates unjustifiable advantages.

Short Essay on Judicial System in India 150 Words In English

Short Essay on Judicial System in India is helpful to students of classes 1, 2, 3, 4, 5 and 6.

Any legal executive is an integral piece of a country, particularly vote based system. As India is the biggest majority rule government, we have a major legal executive that ensures it shields its residents’ interests. Also, our Supreme Court is at the highest point of our executive legal system. It is then trailed by our high courts, which work at the state level. Further, area courts are operating at the regional level. There are additionally a lot more courts beneath this request.

A legal executive has numerous tasks to carry out. As a legal executive is independent of the leader, it can, without much of a stretch, protect the resident’s privileges to guarantee harmony and concordance. In any case, its job isn’t simply restricted to this. It assumes various parts to ensure there is smooth functioning in the country. Right off the bat, it assumes an extraordinary part in making new laws.

10 Lines on Judicial System in India Essay

• Public legal services day is commended on the ninth of November consistently.
• The goal of the legal services day is to guarantee a reasonable and simply judicial system that is effectively receptive to India’s residents.
• The Supreme Court of India is the most elevated expert in the judicial system of the country.
• In the year 1995, the Supreme Court of India initially commended the public legal services day.
• The public legal services day’s principal festivity was praised for helping and supporting the more fragile and in reverse segments of the general public.
• Providing free legal guide and counsel to individuals who can’t bear such services’ cost is one of the main goals of legal services experts in the country.
• It turns into the judicial system’s duty to make mindfulness of the different legal perspectives in the public arena among its public.
• Lok Adalats sorts out such missions consistently by the legal services expert on public legal services day.
• The elective debate goal system is advanced on public legal services day.
• Lok Adalat mediation and assuagement are a portion of the judicial system’s instruments for substitute debate goal. The significance of these apparatuses is advanced and make mindfulness about on public legal services day.

FAQ’s on Judicial System in India Essay

Question 1. When is public legal service day celebrated in India?

Answer: Public legal services day is praised on the ninth of November consistently.

Question 2. What is the goal of public legal services day?

Answer: The goal of public legal services is to give free and issue legal services to the more fragile segments of the general public and spread mindfulness about the significance of the legal executive in the country among the overall population.

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Independence of Judiciary in India

24 Pages Posted: 15 Apr 2013

Pratik Patnaik

Symbiosis Law School, Pune

Date Written: April 13, 2013

Independence of Judiciary is one of the pillars on which the rule of law stands. This paper aims to analyse Judiciary's independence as envisaged by the framers of the constitution by various constitutional provisions and also as interpreted by Judicial pronouncements.

Keywords: Independence of Judiciary, Rule of Law, Indian Judiciary

JEL Classification: K10, K4, A22

Suggested Citation: Suggested Citation

Pratik Patnaik (Contact Author)

Symbiosis law school, pune ( email ).

SB Road, Lavale Mulshi Pune, Maharashtra 411004 India

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• Indian Judiciary System
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What Judiciary in India?

The judiciary in India is a branch of the Indian administrative system that works to interpret the laws, provide justice, and settle disputes between citizens, states, and government. For democracy to be alive, having a well functioning, impartial and independent judiciary is a prerequisite. It is the constitution of India that provides several provisions to ensure the independence of the judiciary.

What is the Judiciary System in India?

The judiciary of India is a single integrated judicial system with the Supreme Court (SC) at the apex. Right below are the High Courts, followed by the District or Subordinate courts. The other types of lower courts function under the high courts. This enables the judiciary to work in a decentralised manner and address grassroot level issues. The powers of appellate jurisdiction is given to both High Courts and the Supreme Court where both uphold or overturn decisions of lower courts.

The Structure of Courts in India

The structure of the judiciary in India includes courts placed in the hierarchical order of supremacy. The hierarchy of powers of the courts that also help to establish the structure of the courts in India are as follows:

Supreme Court: The name of the highest judicial body in India is the Supreme Court (SC). It is the apex court of the country and the highest court of appeal. It gets both original suits and appeals against the judgement of High Courts. The Chief Justice of India along with 25 other judges make up the body for the Supreme Court. 

High Courts: The Highest Judicial Body in the State are the High Courts. There are 25 High Courts in India. High courts provide criminal and civil jurisdiction when subordinate courts have failed to do so. They even get appeals from lower courts. The judges of High Courts are appointed by the President of India on the recommendation of the Chief Justice of India, the Chief Justice of the High Court and Governor of that State.

District Courts: The State Governments establish District Courts for all districts depending upon the population size and caseloads. These are under direct administration and judgements of the High Court. District courts are of two types - Civil Courts and Criminal Courts. Appeals from District Courts go to the High Court.

Lok Adalats: These are subordinate village courts that act as an alternative system to resolve disputes of the village.

Tribunals: Special Tribunals can be set up by the government for administration in matters of land, tax, consumer cases, etc.

Civil Courts

In the Indian justice system , the civil courts provide jurisdiction on all matters of civil wrongdoings by individuals like property disputes, divorce cases, contract breaches, etc. The Code of Civil Procedure (CPC) of 1908 administers the procedures that civil courts need to follow in India. Every suit must start at the lowest civil court or the Munsif court and then their competence over the case is decided. The Civil Court hierarchy is as follows:

District Court: The district court acts as the highest civil court in a district. It has both judicial and administrative functions.

Sub-judge Court: These courts try a suit if the value of the suit is worth more than One lakh.

Additional Sub-judge Court: this is an optional court created on the basis of case load.

Munsif Court: This court tries suits of value less than or upto one lakh.

Criminal Courts

In the Indian court system , the Code of Criminal Procedure (CrPC) mentions the different powers of the criminal courts. Section 26 of the CrPC talks about offences under IPC that can be tried by the High Courts, Session Courts, Schedule of the Code of Criminal Procedures.

Judicial Precedents and Binding Nature of Higher Court’s Decisions

Previous Judgements of High Courts and the Supreme Court's are binding upon all the lower courts. These act as Judicial Precedents for the entire judicial system of India and are given enough significance as a source of law in India.

The binding value of different courts in India are as follows:

The Supreme Court is not bound by the decisions of any other court or judicial authorities but their decision is binding upon all courts of the country as it is the highest judicial body in India .

The decisions of the High Court are binding upon all the lower courts in its jurisdiction. It has a persuasive effect on lower courts out of its jurisdiction. If the decision of a HC comes in conflict with the SC, then the decision of HC is overruled. If the dispute of decisions occurs between a similar bench, then the SC takes up the suit.

All decisions of the High Court of that State are binding upon the subordinate courts. The decisions of High Courts of other states only have persuasive effect.

The judiciary of India is a justice system with several divisions and subdivisions - all integrated together in a pyramidal structure to ensure that even the cases of the least importance are looked into by a court of the Indian Court System . It is the independent nature of the judiciary that separates itself from the influence of the executive and legislative board, making it an autonomous body.

FAQs on Indian Judiciary System

1. Which Parts of the Constitution uphold the Judicial Authority of the Supreme Court?

Articles 142 and 144 of the Constitution uphold the Judicial Authority of the Supreme Court to make decisions that uphold the law of the land. 

Article 141states that “the law declared by the Supreme Court shall be binding on all courts within the territory of India.” This Article says that law should be fixed, definite and consistent. As SC is the apex court, the judgements of SC acts like judicial precedents or a source of law and the decisions of SC are binding on all courts.

Article 144 states that “all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.” This means SC can hold any authority in contempt if they disobey or disrespect the decisions and orders of SC.

2. What are the powers of the judiciary in India?

The powers of the judiciary in India are as follows:

Provides justice: It tries suits and applies law to different cases and administers justice depending on what law applies in this regard. When there is violation, the court imposes penalties.

Watchdog of Constitution: The SC acts like the guardian and watchdog of the constitution. If any law or executive order violates provisions of the constitution then SC declares it invalid.

Protector of Fundamental Rights: Judiciary ensures that the rights of citizens are not taken away by any state or agency by issuing writs to enforce the Fundamental Rights of citizens.

Supervisory Functions: Higher Courts supervise the lower courts in India.

Advisory Functions: SC can advise the executive on matters of constitution even in the absence of conflicts.

Administrative Functions: Courts can grant licenses, look into the administration of properties of deceased people, appoint receivers, register marriages, appoint guardians of orphans or minor children.

3. What are the salient features of the Indian judiciary?

The features are as follows:

Independent Judiciary - The judiciary is an autonomous body that is independent from the influence of the executive and legislature. It can hence resolve disputes between the centre and the states, executive and legislature independently.

Joint High Court or One High Court for Each State - Under the guidelines of the Constitution, every state should have its own High Court. If two states consent then two states can opt for a joint High Court.

Open Trials - Judiciary in India conducts open trials and the accused are given the opportunity to defend themselves. Free legal aid is also given to the needy and poor. 

Judicial Activism - The judiciary has become very active and have been taking up suo moto (on its own) cases or directives that look into the protection of the public rights and uphold human rights.

Public Interest Litigation System - If there is any suit of general or public interest that can be affected by the actions of a private or public agency - then the courts can start and take up action for it. An organisation or even a court can bring into notice any case like this.

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Judicial Activism: Empowering Rights & Impact on Democracy

Introduction to Judicial Activism: Laws for Social Justice and Individual Rights

Judicial activism refers to a proactive role of the judiciary in interpreting and shaping laws, often to advance social justice and protect individual rights. It involves judges taking an assertive stance , going beyond traditional interpretations to address societal issues . While it can enhance justice and accountability, critics argue that it may infringe upon the legislative or executive branches’ powers and disrupt the balance of power. 

A Look at Democracy’s 70-Year Journey

• The Constitution envisages a fair balance of roles and functions amongst different branches of the Government.  
• However, in our 70+ years’ march of the democratic caravan we have witnessed Activism by different branches at different points of time. 
• Judicial Activism is the current phenomenon. 

Judicial Activism in India: The Role of Public Interest Litigation (PIL)

• Judicial Activism has flourished in India mainly because of Public Interest Litigation (PIL) or Social Action Litigation (SAL).

Evolution of Judicial Activism: The Power of Public Interest Litigation (PIL)

• Legal Remedies Pre-1979 :Till 1979, in normal course of law, an aggrieved person could move to the court of law if his rights have been violated.
• As this case involved a consideration of public interest, such cases came to be known as Public Interest Litigations.
• Expanding Horizons: It allowed any individual or organization to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated.
• Rights of Prisoners: During this time, the Supreme Court also took cases with consideration of rights of prisoners and other cases which involved protection of existing rights, betterment of life conditions of the poor, protection of the environment, and other issues in the interest of the public.
• Public Interest Advocacy: This was done because a large number of public-spirited citizens and voluntary organizations sought judicial intervention and hence PIL became the most important vehicle of judicial activism.
• Proactive Judiciary: Since then, the judiciary began considering many cases merely on the basis of newspaper reports and postal complaints received by the court, and hence the term became to be used more popularly for the role of judiciary.

The Transformative Impact of Judicial Activism on Rights, Access, and Democracy

• Expanding Rights: Through the PIL, the judiciary expanded the idea of rights such as clean air, unpolluted water, decent living etc.
• It has forced executive accountability.
• Hence, it may be creating strains on the democratic principles.
• The court also made an attempt to make a free and fair electoral system in India, by asking the candidates contesting elections to file affidavits indicating their assets and income along with educational qualifications.

Examining the Issues of Judicial Activism

• It is overburdening the courts with a large number of PILs.
• The court has been considering cases and issues which belong to the executive.
• For example , cases dealing with reducing air or sound pollution, corruption, electoral reforms etc.

Judicial Activism in India represents a dynamic force, catalyzing societal progress and individual rights through proactive judicial interventions. While instrumental in expanding rights, ensuring executive accountability, and fostering a more inclusive democracy, it navigates a complex landscape. The delicate balance between empowerment, democratic values, and institutional dynamics underscores the evolving role of the judiciary in shaping India’s legal landscape.

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Time for Transformative Judicial Revolution

• 26 Nov 2022
• GS Paper - 2
• Indian Constitution

This article is based upon “A burdened judiciary needs help” which was published in Hindu Business Line on 23/11/2022. It talks about the Indian Judicial system and issues related to it.

For Prelims: Supreme Court, President, Consolidated Fund of India, Parliament, Chief Justice of India, All India Judicial Services (AIJS), Blockchain technology, Metaverse.

For Mains: Major Legal Norms Related to Judiciary in India, Challenges Related to the Indian Judicial System.

The Judiciary is the body responsible for interpreting the law and imparting meaning to it. It is the defender of the constitution and the guardian of democracy. Under the Indian constitution, the judiciary is a single integrated system of courts for the Union and the states with the Supreme Court at the apex.

However, the Indian judiciary is currently experiencing a number of problems that are eroding its legitimacy. As a result, the public is losing faith in the judicial system and is hesitant to turn to this institution for assistance in resolving their issues.

Since “justice delayed is justice denied,” it is crucial that the judiciary solves these obstacles as soon as possible to ensure that Indian citizens do not hesitate to approach it.

What are the Major Norms Related to Judiciary in India?

• Security of Tenure: A judge can remain in office till he has attained the age of 65 years. He can be removed by the President on the grounds of “proved misbehaviour or incapacity.”
• Their salaries allowances are charged on the Consolidated Fund of India and so are not subject to vote of Parliament.
• No Discussion in the Legislature on the Conduct of Judges: No discussion can take place in the parliament regarding the conduct of any judge or about the discharge of his duties except when there is a motion for his removal.
• Full Control Over its Procedure of Work and Establishment: The Supreme Court is free to decide its own procedures of work and its establishment as well as the conditions of service of its employees. Thus, it is free from influence of any outside agency.
• Punishment for Contempt of Court: The Supreme Court can punish for the contempt of court if a person or authority makes an attempt to lower its authority.

What are the Challenges Related to the Indian Judicial System?

• Over 4 million of them involve the High Court, and 60,000 involve the Supreme Court. The fact that this figure keeps rising demonstrates the inadequacies of the justice system.
• A majority of people end up serving a longer sentence in prison than they would have otherwise incurred, and the costs, suffering, and anguish associated with defending themselves in court are more costly and painful than serving the actual sentence.
• There are almost 400 vacancies in the high courts. And around 35% of the posts are lying vacant in the lower judiciary.
• Consequently, there is no transparency in the judicial appointment, which negatively impacts the country's ability to regulate law and order.
• Also , they are not accountable to any administrative body that may lead to the wrong choice of the candidate while overlooking the right candidate.
• In high courts, the percentage of women judges is a mere 11.5% , while in the Supreme Court there are four sitting women judges out of 33 in office.

What Should be the Way Forward?

• Another significant element that can unquestionably aid India in developing a better judicial system is the All India Judicial Services (AIJS).
• Therefore, the Indian government needs to frame an investigation policy that is effective, proactive and comprehensive, taking into account all the stakeholders in the justice system.
• For example, solving basic civil cases through Metaverse techniques, using blockchain technology to store data, researching IT solutions that simplify workflow, and improving courtroom facilities are some ways to move past the current backlog.
• In order to improve judicial effectiveness at the lowest level, judicial audits of lower courts should be taken into account.
• Ensuring Gender Parity: There is a need to maintain and promote Gender Diversity in Higher Judiciary with a fixed percentage of its members as women judges that will lead to the evolution of a gender-neutral judicial system of India.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Q. Consider the following statements: (2019)

• The 44 th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
• The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.

Which of the statements given above is/are correct?

(a) 1 only (b) 2 only (c) Both 1 and 2  (d) Neither 1 nor 2

Q . Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (150 words)

An Analysis of Issues Affecting Indian Judiciary

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The recent incident of a Bombay High court Judge sitting past midnight to clear backlog of cases highlights the issues plaguing the Indian judiciary.

Fast Facts: Indian Judiciary

Judge-population ratio:

• 12 judge per million as against 110 per million in U.S.A., 60 per million in Australia, and 170 per million in China.
• Uttar Pradesh, Bihar, Madhya Pradesh, Tamil Nadu, and Andhra Pradesh record a ratio even less than the average.

Sanctioned Positions and Vacancies (As of 2017)

Pending cases:

As of December 2017,

• 65 lakh cases pending in every high court on an average
• 6 Crore cases pending in subordinate court (figure does not include cases pending in Arunachal Pradesh, Nagaland, Puducherry and Lakshadweep)
• Uttar Pradesh has highest number of pending cases (61.58 lakh) followed by Maharashtra, West Bengal, Bihar and Gujarat

• Judicial delays (pendency and backlogs)

Major causes for judicial delays:

• Paucity of judges and court staff
• Inefficiency of case management system- Improper case listing -as a result of which quality of adjudication is compromised, cases delayed due to adjournments, and cases listed out at last are not heard.
• Inadequate infrastructure
• Appointment:

Major concerns:

• Long appointment cycles
• Vacancies remained unfilled
• Collegium system of judicial appointment: Criticised for being non-transparent
• Lack of agreement between Centre and Collegium over Memorandum of Procedure (MOP) for appointing judges of high courts and the Supreme Court
• Infrastructure:
• Lack of courtrooms- 16,513 courtrooms across the country —a shortfall of 3,989 — inadequate to accommodate sanctioned strength of judges
• Inadequate number of court staff
• Lack of basic infrastructural facilities: drinking water, usable washrooms, canteen facilities
• The major reason for inadequate infrastructural facilities is funding deficit- poor budgetary allocation
• Judicial corruption:
• Delay in the disposal of cases is a major reason for prevalence of judicial corruption. Bribes are sometimes sought to advance the judgement or bend it
• The prevalence of corruption in lower courts is closely connected to corruption in higher courts. As higher court judges are selected from the ranks of lower court judges and lawyers, there is always a possibility of corrupt judges making it to higher courts.
• Once judges have been appointed to higher courts, they can use the “ contempt of court” powers to suppress allegations of corruption.
•  Immunity of judges is reinforced by complex impeachment process and the fact that the procedure is susceptible to political influence

Recent Example :

• Move to impeach Chief Justice of India on the grounds misbehaviour and incompetency
• Justice Reddy of Andhra Pradesh/Telangana High Court, 2016-2017:
• Allegations against the judge include interfering in the judicial process in several cases; disproportionate income, Non-disclosure of assets and liabilities and caste slurs.

Government Initiatives:

• National Mission for Justice Delivery and Legal Reforms 

The mission has been set up to ensure better access to justice by:

• Reducing delays and arrears
• enhancing accountability through structural change
• E-Courts Project:
• Computerization of district and subordinate courts
• ICT infrastructure of the Supreme Court and the High Court
• At present, Case Information System (CIS) 2.0 is being implemented across the country
• Gram Nyalays:
• The Gram Nyayalayas Act, 2008 was enacted to provide for the establishment of Gram Nyayalayas
• These are mobile village courts; aimed at providing inexpensive justice to people in rural areas
• Alternative Dispute Resolution (ADR) Mechanism:
• Arbitration, Mediation, Conciliation and negotiation and
• Lok Adalats: Community based dispute resolution mechanism
• National Court Management System:
• To address issues of case management, court management, setting standards for measuring performance of the courts and a national system of judicial statistics
• National Litigation Policy
• Government regarded to be the biggest contributor (46%) to litigation in India
• NLP introduced to reduce government litigations
• Government also launched Legal Information Management and Briefing System as a database of all the ongoing cases with the government as a party
• 7 . Fast Track Courts : for quick disposal of cases pending in the lower courts
• Nyaya Mitra Scheme : Aims at reducing pendency of cases with special focus on those pending for more than 10 years.
• Scrapping off redundant laws

  Way Forward:

• More transparency in the appointment of judges
• All India Judicial services (AIJS) for uniformity and efficiency in appointment process.
• Strengthening alternative dispute resolution mechanisms
• Adequate funding to expand physical infrastructure.
• Modernization of court process; use of technology o be expanded. Initiatives like CIS should be supplemented by file tracking and knowledge management system.
• Analyzing appropriate court-related data for better understanding of problems. This would also help in proper case listing
• Application of management principles; full utilization of court managers; include external support agencies to work with judicial officers to cater to the needs of institution better.
• Creation of a transparent mechanism to discipline judges
• Judicial Standards and accountability Bill, 2012: The Bill seeks to put in a place a system to probe complaints against High Court and Supreme Court Judges.

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Essay on Judicial Activism in India

Students are often asked to write an essay on Judicial Activism in India in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Judicial Activism in India

Introduction.

Judicial Activism refers to the proactive role played by the judiciary in promoting justice. In India, it has become a significant part of the legal system.

The term Judicial Activism originated in the United States. In India, it emerged in the late 1970s and has been instrumental in protecting the rights of citizens.

Role in India

In India, Judicial Activism has played a key role in addressing social issues. It has helped in enforcing the rights of the marginalized and ensuring environmental protection.

Judicial Activism in India has been a powerful tool for justice. It is a testament to the judiciary’s commitment to uphold the rights of citizens.

250 Words Essay on Judicial Activism in India

The emergence of judicial activism.

The emergence of judicial activism in India can be traced back to the 1970s, a period marked by gross human rights violations during the Emergency. The judiciary, recognising its responsibility, began to interpret laws and constitutional provisions in a manner that enhanced its powers, thereby ensuring the protection of citizens’ rights.

The Role of Public Interest Litigation

Public Interest Litigation (PIL) has been a significant instrument of judicial activism in India. PIL has transformed the judiciary from a passive institution to a proactive one, reaching out to the disadvantaged and marginalised sections of society. It has also enabled the judiciary to take suo-moto cognizance of issues.

Impact and Criticism

Judicial activism has led to landmark judgments that have significantly impacted Indian society and governance. However, it has also faced criticism for overstepping its constitutional mandate, leading to a debate over the separation of powers.

While judicial activism has been a powerful tool for social change in India, it’s crucial to strike a balance between judicial activism and judicial restraint. This ensures that the judiciary does not encroach upon the domains of the legislative and executive branches, preserving the delicate balance of power enshrined in the Constitution.

500 Words Essay on Judicial Activism in India

Introduction to judicial activism in india.

Judicial activism in India refers to the proactive role played by the judiciary in promoting justice, upholding the rule of law, and protecting the rights of citizens. It is a dynamic process that has evolved over time, reflecting the judiciary’s response to societal needs and changing circumstances.

The Genesis of Judicial Activism

Landmark cases signifying judicial activism.

Several landmark judgments signify the rise of judicial activism in India. The case of Kesavananda Bharati vs. State of Kerala (1973) established the doctrine of the ‘basic structure’ of the Constitution, which cannot be altered by the Parliament. This case marked a significant shift towards judicial activism, ensuring the preservation of the fundamental essence of the Constitution.

Another significant case was the Maneka Gandhi vs Union of India (1978), where the Supreme Court expanded the scope of the right to life and personal liberty under Article 21. This case set the precedent for a series of judgments that interpreted Article 21 to include a wide array of rights, reflecting the judiciary’s proactive role.

Critiques of Judicial Activism

While judicial activism has played a crucial role in upholding justice and rights, it has also faced criticism. Critics argue that the judiciary, by overstepping its constitutional mandate, infringes upon the domains of the legislative and executive branches, leading to a distortion of the balance of power. This raises concerns about judicial overreach and the potential for the judiciary to become an unchecked power center.

Conclusion: The Way Forward

Judicial activism in India has undeniably played a vital role in shaping the legal and social landscape. It has been instrumental in upholding constitutional values and promoting social justice. However, it is equally essential to maintain the delicate balance of power among the three branches of government. Striking this balance, while continuing to protect the rights of citizens, is the ongoing challenge and the way forward for judicial activism in India.

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The Federal Judiciary Is Looking the Other Way On Workplace Sexual Harassment

As it turns out, a wildly unethical judiciary thinks itself above the law in more ways than one..

It’s 2017, and a prominent federal judge is retiring after over a dozen women came forward about him sexually harassing them on the job. It’s 2020, and a woman is testifying before Congress about a prominent federal judge sexually harassing her on the job. It’s 2024, and a federal judge is resigning after an investigation into him sexually harassing a woman on the job—and later, assaulting her. 

The federal judiciary is not just the branch of government responsible for administering the nation’s laws; it is also a workplace. And as in many other workplaces, sexual harassment is an open secret, discussed in hushed tones by employees who, unlike their bosses, do not enjoy life tenure.

In other workplaces, employees have at least some legal recourse if their rights are violated by bad bosses. In the judiciary? Not so much. Federal antidiscrimination laws don’t apply to the judiciary’s 30,000 employees, which include law clerks, staff attorneys, public defenders, librarians, administrative staffers, and more. They instead have to depend on internal oversight mechanisms, and a new congressionally-funded report shows that those systems are woefully inadequate.

Why Are Judges Above the Laws They Enforce?

Right now, all courts have their own systems for handling workplace conduct issues, which are called Employee Dispute Resolution or “EDR” plans. The judiciary substantially revised its model EDR plans at the height of the #MeToo movement, and the new report assesses how those plans are working. Some revisions have been helpful; for example, the plans created an avenue for employees to receive confidential advice and guidance, and the study points to a “broad consensus” that this has helped employees “seek support or explore options before problems escalate.” Other interviewees mentioned “the explicit prohibition of abusive conduct as a very significant provision in the Model EDR Plan.” It’s a little concerning that judges need to explicitly be told “don’t abuse your employees,” but hey, I’m glad it’s working.

Still, the study unearthed significant room for improvement. Interviewees spoke about the huge power imbalance between judges and their clerks, who still fear “retaliation from within or outside the court.” Some judges acknowledged a “continuing reluctance” to “report on or sit in judgment of their colleagues on the bench.” And judicial branch employees, unlike their peers in the executive or legislative branches, still aren’t permitted to seek money damages in federal court. This not only leaves them uncompensated for the harm they endured, but also makes legal representation more unaffordable, since plaintiffs often pay their attorneys using a percentage of any monetary award. Quite literally, no one is making judges pay for their bad actions.

Judicial Branch Employees Have No Rights At Work. The Judiciary Accountability Act Could Change That

The report offers 34 recommendations to overhaul the judiciary’s response to workplace misconduct, including making monetary compensation available as a remedy; developing guidance for the judges who oversee formal complaint proceedings; and providing training about what constitutes abusive conduct under the policy. California Representative Norma Torres, who directed the study, urged the judiciary to work harder on building systems for handling sexual harassment claims, since, she said, “its longstanding reliance on the good character and conduct of individuals alone has been grossly insufficient.”

Notably, four years ago, Torres requested that the Government Accountability Office conduct an audit of the judiciary’s systems for preventing and handling sexual harassment. But, she says, the GAO was more or less stonewalled by the Administrative Office of the Courts, an agency responsible for a broad range of federal court services and led by Judge Robert J. Conrad, Jr., an appointee of Chief Justice John Roberts. Throughout the two-year study, the Administrative Office only allowed the GAO to speak with a single judicial employee.

The judiciary’s sloppy response to sexual harassment and refusal to cooperate with an investigation into said sloppy response underscores the judiciary’s culture of impunity. The notion that the judiciary is beyond reproach puts workers in unacceptable danger, and erodes the public trust that a legal system requires to function. Whether they’re accepting lavish gifts or ignoring conflicts of interest or abusing their employees, too many judges think they answer to no one. Congress must remind them otherwise, and reports like this one are just the beginning.

Madiba K. Dennie

Madiba K. Dennie is the Deputy Editor and Senior Contributor at Balls & Strikes, and author of The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take it Back . Her writing has been featured in outlets including The Atlantic and The Washington Post . 

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The Unique Dimensions of State and Federal Courts

This essay highlights the main differences between state and federal courts in the United States. It compares state courts to local guides who handle a wide range of legal matters within state borders, reflecting regional values and laws. Federal courts are likened to grand highways dealing with issues that cross state lines, including constitutional challenges and federal crimes. The essay explains the structural differences, with state courts having varying systems while federal courts have a uniform structure nationwide. It also explores the types of cases each court handles and how they often intersect, reflecting the balance of power within the U.S. judicial system.

How it works

Imagine standing at a fork in a dense forest. To the left, a narrow, winding path represents the state courts, familiar and deeply rooted in local soil. To the right, a broader, more imposing avenue symbolizes the federal courts, vast and interconnected, spanning the entire country. Both paths lead to justice, but the journey and scenery differ significantly. The distinction between state and federal courts is not merely academic; it embodies the unique balance of power within the United States, influencing how justice is served at different levels of society.

State courts are akin to local guides who know every nook and cranny of their terrain. They handle the bulk of legal matters, from family disputes and traffic violations to more severe crimes like robbery or murder. Their jurisdiction is limited to the state borders, and their rulings are influenced by state laws and constitutions. This local focus allows state courts to be more in tune with the specific needs and values of their communities. For instance, a state court in Texas might approach a case differently than one in California, reflecting regional attitudes and legal precedents.

Federal courts, on the other hand, are like the grand highways connecting various states, dealing with cases that transcend local boundaries. These courts handle issues explicitly mentioned in the U.S. Constitution, federal laws, or treaties. Examples include disputes between states, cases involving ambassadors, or significant matters like constitutional challenges and federal crimes such as drug trafficking across state lines. The broader jurisdiction of federal courts allows them to address issues that require a uniform interpretation of the law across the entire nation, ensuring consistency and coherence in applying justice.

One striking difference between the two systems lies in their structure and hierarchy. State court systems vary from state to state but generally include lower courts (like municipal or county courts), intermediate appellate courts, and a state supreme court. Each state’s supreme court serves as the highest legal authority within that state, except when federal issues are involved. In contrast, the federal court system is uniform across the country, comprising district courts (the trial courts), circuit courts (the first level of appeal), and the U.S. Supreme Court. The U.S. Supreme Court stands as the ultimate judicial authority, capable of overruling decisions made by any lower court, whether state or federal.

The types of cases each court handles further highlight their distinct roles. State courts are the go-to for most legal issues that individuals encounter daily. These courts interpret and apply state laws, whether it’s a landlord-tenant dispute, a personal injury claim, or a criminal case under state law. Federal courts, conversely, deal with cases that involve federal statutes or constitutional questions. For instance, if a person believes their First Amendment rights are violated by a state law, they may seek redress in federal court, arguing that the issue affects their federally protected rights.

Despite these differences, state and federal courts often intersect and interact. For example, a case might start in a state court but end up in a federal court if federal issues arise. This interplay ensures a comprehensive legal system where both local nuances and national standards are respected and enforced. The dual court system reflects the U.S. government’s federalist structure, balancing power between state and federal authorities and ensuring that justice is accessible at multiple levels.

In essence, the difference between state and federal courts is like the contrast between a local storyteller and a national broadcaster. Both aim to inform and resolve issues, but their scope, style, and focus differ. State courts provide justice that is close to home, grounded in local traditions and laws, while federal courts offer a broader perspective, ensuring uniformity and adherence to national principles. Together, they form a robust and dynamic judicial system, embodying the diverse yet unified spirit of the United States.

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News updates: Delhi court extends Manish Sisodia's judicial custody till July 26 in excise case

From indian army thwarting a major terror attack in rajouri to air india issuing full refunds for cancellation of flight due to mumbai rain, catch all the latest live updates here.

Schools from classes 1 to 12 in Dehradun district will remain closed tomorrow due to the heavy rain alert.

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The Supreme Court Is Gaslighting Us All

By Jesse Wegman

Mr. Wegman is a member of the editorial board.

At the close of one of the most consequential and least constitutional terms in the Supreme Court’s history, it’s hard to ignore one particularly offensive trend: the right-wing justices’ repeated and patronizing attempts to minimize the importance of their unprecedented decisions.

There’s nothing to see here, they regularly seem to say; everyone who is upset at their decisions is being hysterical and should just calm down. Take a few recent examples:

In his majority opinion in the case about presidential immunity , Chief Justice John Roberts mocked the three liberal dissenters for striking “a tone of chilling doom that is wholly disproportionate to what the court actually does today.” (Reality check: The immunity ruling — which gave presidents carte blanche to break most criminal laws when carrying out their official duties — is not grounded in any clause of the Constitution. It went far beyond what even the most pessimistic court observers expected; the dissenters, if anything, responded with restraint.)

During oral arguments in a case that pitted Idaho’s near-total abortion ban against the federally guaranteed right of a woman to end her pregnancy if necessary to stabilize a dire medical crisis, Justice Samuel Alito dismissed the government’s concerns. “Nobody’s suggesting that the woman is not an individual and she doesn’t — she doesn’t deserve stabilization,” the justice who wrote the opinion striking down Roe v. Wade said with his trademark irritation . “Nobody’s suggesting that.” (Reality check: That is precisely what Idaho was suggesting, by arguing that federal law doesn’t pre-empt the state ban.)

Or take the chief justice again, writing for the court in upholding a federal law that prohibits domestic abusers from possessing guns. A federal appeals court had struck down the law as unconstitutional. “Some courts have misunderstood the methodology of our recent Second Amendment cases,” the chief justice wrote, explaining why the lower court had been wrong. “These precedents were not meant to suggest a law trapped in amber.” (Reality check: The lower court was following the letter of a Supreme Court ruling from two years ago, which held that any gun law without an almost exact analogue from the founding era — like laws that apply to domestic abusers — is unconstitutional.)

Behavior like this has a name: gaslighting, a form of psychological manipulation that involves making people doubt their own, accurate perception of reality. If the term has gotten a workout in recent years, that’s because a lot of people are engaging in it. The right-wing justices have become masters of the form, telling the American people again and again not to believe what they see with their own eyes.

“The court is trying to distance itself from the monsters it created,” Mary Anne Franks, a law professor at George Washington University and the author of “ The Cult of the Constitution ,” told me. “They’re trying to say, ‘We don’t know where you got these crazy ideas from!’ But of course we do know where they got them from.”

In the latest gun case, United States v. Rahimi , the crazy ideas came straight from the source: the Supreme Court’s jaw-dropping 2022 decision in New York State Rifle & Pistol Association v. Bruen . For a gun law to be compatible with the Second Amendment, the decision said, the government “must demonstrate that the regulation is consistent with this nation’s historical tradition of firearm regulation.” In other words, if the American founders didn’t pass a specific gun law in the 18th century, then we in the 21st century can’t either. Applying that reasoning, the U.S. Court of Appeals for the Fifth Circuit determined that there were no founding-era laws keeping guns from domestic abusers, and so today’s law doing so could not stand.

The Bruen decision was written by Justice Clarence Thomas and signed by all five of his conservative colleagues. But when the Fifth Circuit’s decision protecting the gun rights of domestic abusers came before the court, the justices blinked. Eight of them, including the court’s three liberals, agreed that such laws are well within the federal government’s authority to enact. Only Justice Thomas held his ground and insisted on finding an exact historical analogue. Give him credit for consistency at least.

If you find it hard to square the command in the Bruen case with the result in the Rahimi case, you’re not alone. Lower federal courts across the country have been flailing for two years as judges play amateur historians and try to figure out whether Americans two centuries ago passed laws that are similar enough to those today. In her concurrence, Justice Ketanji Brown Jackson said what the court’s majority would not.

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