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The NCERT Class 11 Political Science Chapter 6: Judiciary from the textbook Indian Constitution at Work examines the judiciary’s critical role in India’s democratic system. It highlights the importance of an independent judiciary in upholding the rule of law, protecting fundamental rights, resolving disputes, and interpreting the Constitution. The chapter discusses the structure of the judiciary, the appointment and removal of judges, judicial review, and the rise of judicial activism through Public Interest Litigation (PIL). These notes provide a clear and concise summary for revision and exam preparation.
Table of Contents
- 1 Why Do We Need an Independent Judiciary?
- 2 Independence of the Judiciary
- 3 Appointment of Judges
- 4 Removal of Judges
- 5 Structure of the Judiciary
- 6 Jurisdiction of the Supreme Court
- 7 Judicial Activism
- 8 Judiciary and Rights
- 9 Judiciary and Parliament
- 10 Important Definitions in NCERT Class 11 Political Science Indian Constitution at Work Chapter 6: Judiciary
- 11 FAQs
Explore Notes of Class 11 Political Science: Indian Constitution at Work
Why Do We Need an Independent Judiciary?
The judiciary is essential for maintaining the rule of law and ensuring justice in a democratic society. It resolves disputes between individuals, groups, and the government, safeguarding rights and preventing dictatorship. Key reasons for needing an independent judiciary include:
- Rule of Law: Ensures all individuals, regardless of status, are subject to the same laws, promoting fairness and equality.
- Protection of Rights: Safeguards individual rights enshrined in the Constitution, protecting citizens from arbitrary actions.
- Preventing Dictatorship: Ensures democracy does not give way to individual or group dominance by maintaining checks on other organs of government.
- Dispute Resolution: Settles disputes impartially, ensuring justice in accordance with legal principles.
Independence of the Judiciary
An independent judiciary is crucial for delivering justice without external influence. The text defines judicial independence and outlines how it is ensured:
- Definition of Independence:
Independence means the freedom to make your own decisions and live your life without being controlled by others. It can refer to a country governing itself without outside rule, or a person being self-reliant and responsible for their actions, choices, and future.
What do you mean by Independence in the Judiciary?
The independence of the Judiciary means the following:
- The executive and legislature must not restrain the judiciary’s ability to deliver justice.
- Other organs should not interfere with judicial decisions.
- Judges must perform their duties without fear or favour.
- Accountability: Judicial independence does not mean arbitrariness. The judiciary is accountable to the Constitution, democratic traditions, and the people.
- Constitutional Measures for Independence:
- Appointment Process: The legislature is not involved in appointing judges, reducing political influence. Judges are selected based on legal expertise, not political loyalty.
- Security of Tenure: Judges have a fixed tenure until retirement age, with removal only in exceptional cases through a difficult procedure, ensuring they function without fear.
- Financial Independence: Salaries and allowances of judges are not subject to legislative approval, ensuring financial autonomy.
- Protection from Criticism: Judges are immune to personal criticism, and courts can penalise contempt, protecting judicial authority.
- Restricted Parliamentary Discussion: Parliament cannot discuss judges’ conduct except during removal proceedings, safeguarding judicial independence.
Appointment of Judges
In India, the appointment of judges plays a major role in ensuring the independence of the judiciary. This system is designed to avoid political interference and maintain a balance between the three organs of government. Understanding how judges are appointed helps you better grasp how the Indian Constitution protects justice. Here’s a simplified breakdown for students:
Appointment of Supreme Court Judges
- Appointing Authority: The President of India.
- Consultation: Must consult a group of senior judges (Collegium System).
- Chief Justice of India (CJI): Appointed by the President, usually the senior-most judge of the Supreme Court.
- Other Judges: Appointed after consultation with the CJI and other senior SC judges.
Appointment of High Court Judges
- Appointing Authority: The President of India.
- Consultation: With the Chief Justice of India, the Governor of the concerned state, and the Chief Justice of the High Court.
Qualifications Required
- Must be an Indian citizen.
- Must have at least 5 years as a High Court judge or 10 years as an advocate in a High Court.
- Distinguished jurists can also be appointed in exceptional cases.
Collegium System
- A group of senior judges (including the CJI) that recommends appointments and transfers.
- Not mentioned in the Constitution, but evolved through Supreme Court judgments.
- Aims to keep political influence away from judicial appointments.
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Removal of Judges
In a democracy like India, judges of the Supreme Court and High Courts enjoy independence so they can give fair and unbiased judgments. But what if a judge misuses their power? The Constitution has a clear process to remove judges if they are found guilty of wrongdoing. This process is called impeachment, and it’s designed to maintain accountability without affecting judicial independence. Here are some of the key points of the removal of judges in the judiciary:
- Grounds for Removal: Judges of the Supreme Court or High Courts can be removed only for proven misbehaviour or incapacity.
- Procedure: A motion with charges against a judge must be approved by a special majority in both Houses of Parliament, requiring a general consensus among MPs.
- Balance of Power: The executive plays a key role in appointments, while the legislature controls removal, ensuring a balance of power.
- Historical Context: Only one case of a Supreme Court judge’s removal reached Parliament, but it failed due to insufficient support (less than the majority of the House’s total strength).
Structure of the Judiciary
India has a single integrated judicial system, unlike some federal countries with separate state courts. The structure is pyramidal:
- Supreme Court: At the apex, with the highest authority.
- High Courts: Below the Supreme Court, overseeing lower courts in states.
- District and Subordinate Courts: At the lowest level, functioning under the supervision of High Courts.
- Unified System: Decisions of the Supreme Court are binding on all courts, and its orders are enforceable nationwide. The Supreme Court can review its own decisions and handle contempt cases.
Jurisdiction of the Supreme Court
The Supreme Court of India is the highest judicial authority in the country. It plays a crucial role in interpreting the Constitution, protecting fundamental rights, and resolving disputes. But what exactly can the Supreme Court do? That’s where the concept of jurisdiction comes in. Jurisdiction simply means the authority or power of the Supreme Court to hear and decide different kinds of cases. It’s divided into various types—like original, writ, appellate, and advisory—which help the Court maintain law and justice across the country. Here is a brief explanation of the jurisdiction of the Supreme Court.
- Original Jurisdiction: Handles disputes directly, such as those between the Union and States or among States, acting as an umpire in federal matters. Lower courts cannot deal with these cases.
- Writ Jurisdiction: Protects fundamental rights by issuing writs (e.g., Habeas Corpus, Mandamus) under Article 32. Individuals can approach the Supreme Court directly if their rights are violated. High Courts also have this power (Article 226).
- Appellate Jurisdiction: Acts as the highest court of appeal for cases from High Courts, provided the High Court certifies the case involves significant legal or constitutional issues. In criminal cases, appeals are allowed for death sentences. The Supreme Court can reinterpret laws or the Constitution differently from lower courts.
- Advisory Jurisdiction: The President can seek the Supreme Court’s advice on matters of public importance or constitutional interpretation. The Court is not obligated to provide advice, nor is the President bound to accept it. This allows the government to seek legal opinions to avoid future litigation or adjust policies.
Judicial Activism
Judicial activism, particularly through Public Interest Litigation (PIL), has transformed the judiciary’s role, making it more accessible and proactive:
- Public Interest Litigation (PIL): Emerged around 1979, allowing individuals or groups to file cases on behalf of aggrieved persons or for public interest issues, such as prisoners’ rights, environmental protection, or better living conditions for the poor.
- Expansion of Rights: PIL expanded the concept of rights to include clean air, unpolluted water, and decent living conditions, ensuring societal benefits.
- Accessibility: Courts began accepting cases based on newspaper reports or complaints, allowing public-spirited citizens, organisations, and lawyers to seek justice for marginalised groups.
- Impact: Democratized access to justice, increased executive accountability, and improved electoral transparency (e.g., candidates filing asset affidavits). However, it has overburdened courts and blurred the separation of powers, as courts sometimes address executive or legislative functions like pollution control or corruption investigations.
- Criticism: Judicial activism may strain the balance among government organs, as it involves the judiciary in areas traditionally handled by the executive or legislature.
Judiciary and Rights
The Judiciary is like the guardian of our Constitution. It protects your rights, makes sure laws are followed, and keeps a check on the powers of the government. If something goes wrong, like if your rights are violated, you can go to the courts for help. That’s why we say the judiciary is essential for justice and democracy. Here are the key pointers for the Judiciary and Rights.
1. The Judiciary as the Guardian of the Constitution
- The Supreme Court ensures that no law or action goes against the Constitution.
- It can strike down unconstitutional laws
2. Protector of Fundamental Rights
- You can directly approach the Supreme Court (Article 32) or the High Court (Article 226) if your Fundamental Rights are violated.
- This is called the Right to Constitutional Remedies (called the “heart and soul” of the Constitution by Dr. Ambedkar)
3. Types of Writs You Should Know
- Habeas Corpus – “Produce the body” (used to free someone from illegal detention)
- Mandamus – The Court orders a public official to do their duty
- Prohibition – Stops lower courts from acting beyond their powers
- Certiorari – Transfers a case to a higher court for review
- Quo Warranto – Questions the authority of a person holding public office
4. Public Interest Litigation (PIL)
- A powerful tool where any citizen can approach the court for public welfare, even if they’re not directly affected.
- It has helped many people who couldn’t afford justice
5. Checks on Executive and Legislature
- The Judiciary ensures that the government doesn’t misuse its power.
- Through judicial review, courts can cancel laws or decisions that are unjust or unconstitutional
6. Independence of the Judiciary
- Judges are not controlled by the government.
- They have fixed salaries, secure tenure, and can’t be removed easily
7. Judicial Activism
- When courts go beyond their traditional role to ensure justice (like in environmental or social justice cases).
- This has made the judiciary more proactive and people-friendly.
Judiciary and Parliament
The Judiciary and Parliament are two vital pillars of Indian democracy. While Parliament makes the laws, the Judiciary ensures that those laws follow the Constitution. Their relationship is based on checks and balances, ensuring no branch becomes too powerful and that citizens’ rights and freedoms are always protected. The judiciary and Parliament have a complex relationship, marked by a delicate balance of powers and occasional conflicts:
- Separation of Powers: The Constitution assigns clear roles—Parliament makes laws, the executive implements them, and the judiciary settles disputes and ensures constitutional compliance. Conflicts arise when these boundaries are tested.
- Historical Conflicts:
- Right to Property: Post-independence, Parliament sought to restrict property rights for land reforms, but the judiciary ruled that fundamental rights could not be abridged, even through constitutional amendments.
- Kesavananda Bharati Case (1973): The Supreme Court established the “basic structure” doctrine, ruling that Parliament cannot amend the Constitution to violate its basic structure. The Court also clarified that the right to property was not part of the basic structure, allowing its abridgement (later removed as a fundamental right in 1979).
- Ongoing Issues:
- The judiciary sometimes intervenes in legislative functions, such as regulating parliamentary privileges or issuing directions to the executive (e.g., CBI investigations in corruption cases).
- Parliament cannot discuss judges’ conduct except during removal proceedings, but legislatures have occasionally criticised the judiciary, while courts have issued instructions on legislative conduct, raising concerns about parliamentary sovereignty.
- Balance: Both organs must respect each other’s authority to maintain democratic principles, but unresolved issues, like judicial intervention in parliamentary privileges, remain potential sources of conflict.
Important Definitions in NCERT Class 11 Political Science Indian Constitution at Work Chapter 6: Judiciary
This section will help you to understand the key concept and list key terms for clarity and revision.
- Judiciary: The organ of government responsible for settling disputes, protecting rights, and upholding the Constitution and the rule of law.
- Rule of Law: The principle that all individuals are subject to the same laws, ensuring fairness and equality.
- Independence of Judiciary: The judiciary’s ability to function without interference from the executive or legislature, while remaining accountable to the Constitution and the people.
- Judicial Review: The power of the Supreme Court and High Courts to examine and declare laws unconstitutional if they violate fundamental rights or the federal structure.
- Public Interest Litigation (PIL): A mechanism allowing courts to hear cases filed by public-spirited individuals or groups on behalf of aggrieved persons or for public interest issues.
- Writ Jurisdiction: The power of the Supreme Court (Article 32) and High Courts (Article 226) to issue writs to protect fundamental rights.
- Original Jurisdiction: The Supreme Court’s authority to directly handle disputes, such as those between the Union and the States.
- Appellate Jurisdiction: The Supreme Court’s role is as the highest court of appeal for cases from lower courts involving significant legal or constitutional issues.
- Advisory Jurisdiction: The Supreme Court’s power to provide advice to the President on matters of public importance or constitutional interpretation.
- Basic Structure Doctrine: Established in the Kesavananda Bharati case (1973), it states that Parliament cannot amend the Constitution to violate its basic structure, as determined by the judiciary.
Explore Notes of Class 11 Political Science: Political Theory
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FAQs
An independent judiciary upholds the rule of law, protects fundamental rights, resolves disputes impartially, and prevents dictatorship by checking the executive and legislature.
Through measures like an independent appointment process, security of tenure, financial autonomy, protection from criticism, and restricted parliamentary discussion on judges’ conduct.
The Supreme Court protects fundamental rights by issuing writs (Article 32) and declaring unconstitutional laws through judicial review (Article 13).
PIL allows courts to hear cases filed by individuals or groups on behalf of aggrieved persons or for public interest issues, expanding access to justice since 1979.
Established in the Kesavananda Bharati case (1973), it prevents Parliament from amending the Constitution to violate its basic structure, with the judiciary determining what constitutes the basic structure.
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