Judiciary

Role of judiciary

Dispute resolving organ of the democracy

Safeguards rights of an individual
Interpreter of the Constitution
Adjudicate laws made by the government
Final arbiter of legislative action

Need of an Independent
Judiciary?
Other organs of the Govt. must not restrain
functioning of judiciary
No interference with the decision of judiciary
Should be able to perform their function without
fear or favour

How is Independence of
Judiciary ensured?
Security of tenure
Judiciary not financially dependent on either
executive of legislature
Decisions of judges are immune from personal
criticisms
Parliament cant discuss the conduct of judges
Difficult procedure for removal of judges.

Appointment of Judges
NJAC- National Judicial Appointment
Commission

Removal of Judges
On grounds of proven misbehavior or incapacity
Requires special majority in both houses of
parliament

Structure of Judiciary
Single Integrated Judicial System (no separate
state courts)
Courts

Divsion

Supreme Court

Central

High Court

State

District and Subordinate

Courts

District

Jurisdiction of Supreme court

Jurisdiction

Function

Original

Settles disputes between union and states and amongst

states

Writ

Can issue writs to protect fundamental rights of the

individual

Appellate

Tries appeals from lower courts in civil, criminal and

constitutional cases.

Advisory

Advises the president on matters of public importance and

law.

Judicial Activism
Chief Instrument Public Interest Litigation(PIL)
Usability :1. To ensure access to courts and provide judicial remedy to
poor and disadvantaged sections of society through PIL.
2. To interpret Constitutional provisions and existing laws to
provide benefit to common people.
3. To ensure legislature and executive function within
Constitutional framework ( ensure accountability).
Drawbacks:1. It has overburdened the courts
2. Blurred the line of distinctions between the organs of Govt.

Judiciary and Parliament-Evolution

of relationship
Recurrent conflicts over dominance and subordinace of
each other
Landmark Judgments :
1. Golaknath vs. State of Punjab (1967) - SC ruled Parliament
cant curtail any of the FRs in the Constitution.
2. Keshavananda Bharti vs. State of Kerala(1973) Evolution
of Basic structure doctrine of the Constitution.
3. Minerva Mills vs. Union of India(1980) Interpretation of
basic structure doctrine.

Basic Structure Doctrine

No mention of this theory in the Constitution.
There is a basic structure of the constitution and nobody- not
even Parliament can violate it.
It formed the basis of power of the Indian Judiciary to review,
and strike down amendments to the Constitution which conflict
with or seek to alter the basic structure.
Power of parliament of India to amend the Constitution is limited
by the Constitution itself.
The court reserved to itself the right to decide whether various
matters are part of the basic structure of the constitution.
It has further consolidated the balance between rigidity and
flexibility.
Avoids dictatorship regime

Questions?
1. Starting from inventing the basic structure doctrine, the
judiciary has played a highly proactive role in ensuring that
India develops into a thriving democracy. In light of the
statement, evaluate the role played by judicial activism in
achieving the ideals of democracy. (2014)
2. The Supreme court of India keeps check on arbitrary
power of parliament in amending the constitution. Discuss
Critically(2013)