The judiciary in India serves as the guardian of the Constitution and the protector of citizens’ rights. It is an independent and powerful organ of the Indian government, designed to interpret and uphold the law while ensuring justice. The Supreme Court and High Courts form the backbone of this judicial system. This article explores their roles, functions, structure, and significance in detail.
Introduction to the Indian Judiciary
The Indian judiciary operates as a hierarchical system, with the Supreme Court at the apex, followed by High Courts at the state level and subordinate courts at the district and local levels. The judiciary is tasked with safeguarding the Constitution, resolving disputes, and ensuring the rule of law in the country.
Key Features of the Indian Judiciary
- Independence: The judiciary operates independently of the executive and legislature, ensuring impartiality and fairness.
- Integrated Structure: The system is unified, with all courts working under the supervision of the Supreme Court.
- Judicial Review: The judiciary has the authority to review laws and executive actions to ensure they comply with the Constitution.
- Public Interest Litigation (PIL): Citizens can directly approach higher courts for matters of public interest.
- Adherence to the Constitution: The judiciary ensures that the provisions of the Constitution are upheld.
The Supreme Court of India
The Supreme Court is the apex court in India and holds the highest authority in judicial matters. Established on January 28, 1950, it is located in New Delhi.
Composition
- The Supreme Court is headed by the Chief Justice of India (CJI), along with a maximum of 34 other judges.
- Judges are appointed by the President of India, following recommendations by the collegium system.
Functions and Powers
- Constitutional Authority: The Supreme Court ensures the supremacy of the Constitution.
- Judicial Review: It has the power to invalidate laws and actions inconsistent with the Constitution.
- Appellate Jurisdiction: The court hears appeals against judgments from High Courts and tribunals.
- Original Jurisdiction: It resolves disputes between states, or between the Union and states.
- Advisory Jurisdiction: The President can seek the Supreme Court’s advice on legal matters.
- Guardian of Fundamental Rights: Citizens can approach the Supreme Court for the enforcement of their fundamental rights under Article 32.
Notable Cases
- Kesavananda Bharati Case (1973): Defined the Basic Structure Doctrine.
- Maneka Gandhi Case (1978): Expanded the interpretation of Article 21 (Right to Life and Personal Liberty).
- S.R. Bommai Case (1994): Strengthened the concept of federalism.
High Courts in India
High Courts are the principal courts of justice in states and Union territories. As of now, there are 25 High Courts in India.
Composition
- Each High Court is headed by a Chief Justice, with additional judges as needed.
- Judges are appointed by the President of India after consultation with the CJI and the Governor of the respective state.
Functions and Powers
- Original Jurisdiction:
- Deals with matters such as civil cases involving wills, marriage, and contempt of court.
- Handles writ petitions under Articles 226 and 227.
- Appellate Jurisdiction:
- Hears appeals against decisions from subordinate courts.
- Supervisory Role:
- Supervises and controls subordinate courts within the state.
- Judicial Review:
- Examines the constitutionality of laws enacted by the state legislature.
High Courts with Unique Jurisdiction
- Calcutta High Court: Established in 1862, it is the oldest High Court in India.
- Allahabad High Court: Has the largest jurisdiction, covering the populous state of Uttar Pradesh.
- Bombay High Court: Has jurisdiction over Maharashtra, Goa, and Union territories of Daman, Diu, Dadra, and Nagar Haveli.
Relationship Between Supreme Court and High Courts
- Judicial Hierarchy: The High Courts function under the supervision of the Supreme Court.
- Appeals: Decisions of the High Courts can be challenged in the Supreme Court.
- Unified Judiciary: Both courts work in tandem to ensure uniformity in the interpretation of laws across the country.
Challenges Facing the Judiciary
Despite its robust structure, the Indian judiciary faces several challenges:
- Pendency of Cases: A significant backlog of cases leads to delayed justice.
- Infrastructure Issues: Many courts lack adequate infrastructure and resources.
- Judicial Vacancies: Delays in appointments result in an overburdened judiciary.
- Corruption Allegations: Instances of corruption undermine public trust.
- Accessibility: The high cost of litigation and complex procedures deter the common man from seeking justice.
Reforms Needed in the Judiciary
- Digitization: Implementing e-courts and digital case management systems.
- Judicial Appointments: Streamlining the appointment process to fill vacancies promptly.
- Alternative Dispute Resolution (ADR): Encouraging mediation and arbitration to reduce the burden on courts.
- Increasing Transparency: Making judicial processes more transparent and accessible.
- Strengthening Subordinate Courts: Enhancing the efficiency of district and taluka courts.
Conclusion
The judiciary in India plays a pivotal role in maintaining democracy, protecting individual rights, and ensuring justice for all. The Supreme Court and High Courts, as pillars of this system, work tirelessly to uphold constitutional values and address the diverse needs of a vast and dynamic population. By addressing existing challenges and embracing reforms, the judiciary can further strengthen its role as the custodian of justice in India.