Chapter – 6

Judiciary

In this post we have given the detailed notes of Class 11 Political Science Book 2 Chapter 6 (Judiciary) in English. These notes are useful for the students who are going to appear in Class 11 board exams.

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Chapter 6: Judiciary

Introduction

• The judiciary is an important organ of the government.  
• It plays a crucial role in interpreting and protecting the Constitution.  
• It safeguards the rights of individuals, settles disputes, and ensures the supremacy of law.  

Why Do We Need an Independent Judiciary?

• An independent judiciary is essential for upholding the rule of law.
• It ensures that all individuals are subject to the same law.  
• It protects against political pressures and ensures fair and impartial justice.  
• Independence of the judiciary means:
  • The executive and legislature must not hinder the judiciary’s functioning.  
  • The other branches of government should not interfere with judicial decisions.  
  • Judges must be able to perform their duties without fear or favor.  

How is Judicial Independence Ensured?

• The Indian Constitution has several measures to ensure the independence of the judiciary:
  • Separation of Powers: The legislature is not involved in the appointment of judges, preventing party politics from influencing the process.  
  • Security of Tenure: Judges have a fixed tenure until retirement, providing job security and freedom from external pressure.  
  • Financial Independence: The judiciary’s finances are not subject to the approval of the legislature, ensuring autonomy.  
  • Immunity from Criticism: Actions and decisions of judges are immune from personal criticism, protecting them from undue influence.  
  • Contempt of Court: The judiciary can penalize those who are found guilty of contempt of court, safeguarding its authority.  
  • Limited Legislative Interference: Parliament cannot discuss the conduct of judges except during removal proceedings, ensuring judicial independence.  

Appointment of Judges

• The appointment of judges is a political process.  
• Chief Justice of India (CJI): The CJI is appointed by the President.  
• Other Judges: Other judges of the Supreme Court and High Courts are appointed by the President after consulting the CJI.  
• Collegiality: The Supreme Court has established the principle of collegiality, where the CJI consults with a group of senior judges for making appointment recommendations.  

Removal of Judges

• Removal of judges is a difficult process.  
• Grounds for Removal: A judge can be removed only on the grounds of proven misbehavior or incapacity.  
• Procedure: A motion containing charges against the judge must be approved by a special majority (two-thirds of the members present and voting and a majority of the total strength of the House) in both Houses of Parliament.  

Structure of the Judiciary

• India has a single integrated judicial system.  
• Hierarchical Structure: The structure is pyramidal with the Supreme Court at the top, followed by High Courts, and then district and subordinate courts.  
• Supreme Court: * Original Jurisdiction: Deals with disputes between the Union and States, and among States (Article 131).
  • Appellate Jurisdiction: Hears appeals from lower courts in civil, criminal, and constitutional cases (Articles 132-136).  
  • Advisory Jurisdiction: Advises the President on matters of public importance and law (Article 143).  
  • Writ Jurisdiction: Issues writs to protect Fundamental Rights (Article 32).  
• High Courts:
  • Hears appeals from lower courts.  
  • Issues writs for restoring Fundamental Rights (Article 226).  
  • Deals with cases within the jurisdiction of the State.  
• District and Subordinate Courts:
  • Deal with civil and criminal cases at the district and lower levels.  

Judicial Activism

• Judicial activism refers to the judiciary’s active role in expanding the scope of justice and protecting the rights of citizens.  
• Public Interest Litigation (PIL): PIL has been a key instrument of judicial activism.
  • It allows any person to approach the court on behalf of the aggrieved party.  
  • It has democratized the judicial system and made it more accessible to the poor and marginalized.  
• Impact:
  • Expanded the concept of rights to include clean air, unpolluted water, and decent living.  
  • Forced executive accountability.  
  • Made electoral systems more free and fair.  
• Concerns:
  • Overburdened the courts.  
  • Blurred the lines between the judiciary and the executive.  

Judiciary and Rights

• The judiciary is entrusted with the task of protecting the rights of individuals.  
• Writ Jurisdiction: It can restore fundamental rights by issuing writs of Habeas Corpus, Mandamus, etc. (Article 32 and 226).  
• Judicial Review: It can declare laws unconstitutional through judicial review (Article 13).  

Judiciary and Parliament

• The Indian Constitution is based on the principle of separation of powers and checks and balances.  
• Conflicts: There have been conflicts between the Parliament and the judiciary, particularly regarding the right to property and the Parliament’s power to amend the Constitution.  
• Kesavananda Bharati Case: This case established the concept of the basic structure of the Constitution, which cannot be violated even by Parliament.  
• Unresolved Issues: Some issues remain a bone of contention, such as the judiciary’s power to intervene in the functioning of legislatures and the Parliament’s power to discuss the conduct of judges.       

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