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CBSE Notes | Class 11 | Political Science | Indian
Constitution at Work
Chapter 6 - The Judiciary
The chapter introduces students to the Judiciary and Parliament, the structure of
the Judiciary, Judiciary and Rights and Judicial Activism. It also highlights the
need for the independence of the judiciary & also the Judicial institutions:
supreme court, high court and their various jurisdiction.
The Judiciary
Why Do We Need An Independent Judiciary?
The principal role of the judiciary is to protect rule of law and ensure the supremacy of law. It safeguards the rights of
the individual, settle disputes by the law and ensures that democracy does not give way to individual or group
dictatorship.
To be able to do all this, the judiciary must be independent of any political pressures.
Independence of Judiciary
Judiciary is independent of the other two organs of the state. i.e Legislature and Executive.
The independence of the judiciary does not imply arbitrariness or absence of accountability.
The other organs of the government should not interfere with the decision of the judiciary.
Judges must be able to perform their functions without fear or favour.
Judiciary is a part of the democratic political structure of the country.
It is therefore accountable to the Constitution, to the democratic traditions and the People of the country.
How can the independence of the judiciary be provided and protected?
The Indian Constitution has ensured the independence of the judiciary through several measures:
The legislature is not involved in the process of appointment of judges.
To be appointed as a judge, a person must have experience as a lawyer and/or must be well versed in the law.
The judges have a fixed tenure. They hold office till reaching the age of retirement.
In exceptional cases, judges may be removed.
Security of tenure ensures that judges could function without fear or favour.
The Constitution prescribes a very difficult procedure for the removal of judges. The Constitution makers believed
that a difficult procedure of removal would provide security of office to the members of the judiciary.
The judiciary is not financially dependent on either the executive or legislature.
The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the
legislature.
The actions and decisions of the judges are immune from personal criticisms.
Powers of the Judiciary
The judiciary has the power to penalise those who are found guilty of contempt of court. This authority of the court
is seen as effective protection to the judges from unfair criticism.
Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge is being
carried out. This gives the judiciary independence to adjudicate without fear of being criticised.
Supreme Court of India
The Supreme Court came into being on 28th January 1950. It is the apex court of justice in India it consists of 1 Chief
Justice and 30 other Judges. Its decisions are binding on all courts. It can transfer Judges of High Courts also Can
move cases from any court to itself.
The Supreme Court can transfer cases from one High Court to another.
Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers and
procedures of the Supreme Court.
What is the Organizational Structure of the Supreme Court?
The Supreme Court consists of thirty-one judges at present (one chief justice and thirty other judges). Supreme
Court (Number of Judges) Bill of 2019 has added four judges to strength. It increased the judicial strength from 31 to
34, including the CJI. Originally, the strength of the Supreme Court was fixed at eight (one chief justice and seven
other judges).
The Parliament is authorised to regulate them.
What is the procedure of appointment of judges?
The judges of the Supreme Court are appointed by the President.
The CJI is appointed by the President after consultation with such judges of the Supreme Court and high courts
as he deems necessary.
The other judges are appointed by the President after consultation with the CJI and such other judges of the
Supreme Court and the high courts as he deems necessary.
The consultation with the chief justice is obligatory in the case of the appointment of a judge other than the
Chief justice.
Appointment of Chief Justice From 1950 to 1973: the practice has been to appoint the senior-most judge of the
Supreme Court as the chief justice of India.
This established convention was violated in 1973 when A N Ray was appointed as the Chief Justice of India by
superseding three senior judges.
In 1977, M U Beg was appointed as the chief justice of India by superseding the then senior-most judge.
This discretion of the government was curtailed by the Supreme Court in the Second Judges Case (1993), in which
the Supreme Court ruled that the senior-most judge of the Supreme Court should alone be appointed to the office
of the Chief Justice of India.
High Court
The Constitution Provides a high court for every state but even two or more states have a common court is
provided by the parliament.
The high court hears appeals from lower courts.
May issue writs for restoring Fundamental Rights and can deal with cases within the jurisdiction of the State.
The high court exercises superintendence and control over courts below it.
At present, there are 24 courts in India. Meghalaya, Manipur and Tripura are the new High Courts.
The high court Consist of a chief justice and several other judges appointed by the president of India.
District Court
The appointment posting and promotion of the district judges are done by the orders of the Governor of the
state with the consultation of the High Court.
This court deals with cases arising in the District. It Considers appeals on decisions given by lower courts.
Decides cases involving serious criminal offences.
Subordinate Courts
Consider cases of civil and criminal nature Jurisdiction of Supreme Court.
How a Judge can be removed from their Judicial Position?
A judge of the Supreme Court can be removed from his office by an order of the President.
Access Complete Notes
The President can issue the removal order only after an address by Parliament has been presented to him in the
same session for such removal.
at ₹ 1 /Day
The address must be supported by a special majority of each House of Parliament (ie, a majority of the total
membership of that house and a majority of not less than two-thirds of the members of that House present and
voting).
The grounds of removal are two proved misbehaviour or incapacity.
The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by
the process of impeachment: No judge of the Supreme Court has been impeached so far.
Impeachment motions of Justice V Ramaswami (1991–1993) and Justice Dipak Misra (2017-18) were defeated in the
Parliament.
What is the various jurisdiction of the Supreme Court?
The jurisdiction of the Supreme Court may be categorised as:
Original: Settles disputes between Union and States and amongst States.
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Appellate: Tries appeals from lower courts in Civil,toCriminal
Continueand Constitutional cases.
Advisory: Advises the President on matters of public importance and law
Writ: Can issue writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto to protect the
Fundamental Rights of the individual.
Special Powers: Grant special leave to an appeal from any judgement or matter passed by any court in the
territory of India.
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