The Indian Judiciary: Pillars of Justice
The Indian judiciary is an independent and integrated system responsible for interpreting laws, resolving disputes, and upholding the Constitution. It plays a crucial role in maintaining the rule of law and protecting citizens' fundamental rights. This module delves into the structure and functions of the Supreme Court and High Courts, and the vital concept of Judicial Review.
The Supreme Court of India
The Supreme Court is the apex court of India, established under Part V, Chapter IV of the Constitution. It is the final court of appeal and the guardian of the Constitution. Its decisions are binding on all other courts.
High Courts
High Courts are the principal civil courts of original jurisdiction in each state and union territory. They are subordinate to the Supreme Court but are the highest courts within their respective states.
Judicial Review
Judicial Review is a cornerstone of the Indian judicial system, empowering the courts to examine the constitutionality of legislative enactments and executive actions. It ensures that all branches of government operate within the bounds of the Constitution.
Judicial Review is the power of the courts to review the actions of the legislative and executive branches of government. If a law or action is found to be unconstitutional, the court can declare it null and void. This power is derived from the Constitution and is essential for maintaining the supremacy of the Constitution and protecting citizens' rights. Key cases like Kesavananda Bharati v. State of Kerala (1973) have significantly shaped the doctrine of Judicial Review, establishing the 'Basic Structure' doctrine.
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To examine the constitutionality of legislative enactments and executive actions and declare them void if found unconstitutional.
Key Aspects of Judicial Review
Judicial review in India is not explicitly mentioned in the Constitution but is implied through various articles, particularly Article 13 (laws inconsistent with or in derogation of the fundamental rights shall be void) and Article 32 (remedies for enforcement of fundamental rights).
| Feature | Supreme Court | High Court |
|---|---|---|
| Apex Court | Yes | No |
| Jurisdiction | Original, Appellate, Advisory | Original, Appellate (within state) |
| Constitutional Guardian | Yes | Yes (for state laws) |
| Number of Judges | Chief Justice + others as per Parliament | Chief Justice + others as per President |
The independence of the judiciary is paramount. Judges are appointed through a collegium system, and their removal is a rigorous process, ensuring they can function without fear or favor.
Subordinate Courts
Below the High Courts are the subordinate courts, which include District Courts and other lower courts. They handle a large volume of civil and criminal cases at the local level.
Supreme Court, High Courts, Subordinate Courts (District Courts, etc.).
Learning Resources
Official legal text detailing the structure and powers of the Supreme Court and the Union judiciary.
Official legal text outlining the establishment, jurisdiction, and powers of the High Courts.
The official portal for the Supreme Court, offering case information, judgments, and organizational details.
A directory of all High Courts in India with links to their respective official websites.
A comprehensive overview of the concept of judicial review in India, its historical development, and key cases.
The landmark Supreme Court judgment that established the 'Basic Structure' doctrine, crucial for understanding judicial review.
A sample chapter from a highly regarded book on Indian Polity, providing a structured explanation of the judiciary.
An explanatory video that simplifies the concept of judicial review and its importance in a democracy.
A detailed article explaining the structure, functions, and independence of the Indian judiciary.
A concise guide focusing on key concepts related to the Indian judiciary relevant for UPSC Prelims.