Module 42Preview

The Judicial System and Judicial Review

6 min read·CUET PG Political Science

Definition and Structure

Judiciary: Independent branch of government responsible for interpreting laws, administering justice, and protecting constitutional rights through impartial courts.

Constitutional Basis: Articles 124-147 (Supreme Court), Articles 214-231 (High Courts), Other articles for lower courts

Three-Tier System:

  1. Supreme Court of India (Apex court)
  2. High Courts (State courts; 25 High Courts)
  3. District and Lower Courts (Subordinate courts)

Supreme Court of India (Articles 124-147)

Composition and Appointment

Composition (Article 124):

  • Chief Justice of India (CJI)
  • Maximum 33 other judges (set by President, currently 33)
  • Total: 34 judges maximum

Appointment:

  • CJI: Appointed by President; usually senior-most judge
  • Other Judges: Appointed by President on "Collegium System" (Supreme Court judges' recommendation)

Collegium System:

  • Unique to India (not in Constitution text, but established by courts)
  • CJI plus 4 senior judges select new judges
  • Judges themselves decide judicial appointments (not Parliament or President)
  • Controversial: lacks transparency; little accountability

Qualifications and Tenure

Qualifications:

  • Indian citizen
  • Minimum 10 years experience as lawyer or judge
  • At least 5 years as High Court judge (usually)
  • Sound legal knowledge

Term:

  • Till age 65 years (mandatory retirement)
  • Cannot be removed except by impeachment (very rare)
  • Impeachment requires 2/3 majority in both houses on specific grounds

Jurisdiction of Supreme Court

Original Jurisdiction (Article 131):

  • Federal disputes: Cases between Union and States or between States
  • Writ Jurisdiction: Cases involving rights violations
  • Can directly entertain cases of national importance

Appellate Jurisdiction (Articles 132-134):

  • Civil Appeals: From High Courts on constitutional questions
  • Criminal Appeals: Death sentence cases, important criminal cases
  • Certificate needed: High Court must certify case involves constitutional interpretation

Writ Jurisdiction (Article 32):

  • Issue writs: Habeas corpus, mandamus, prohibition, quo warranto, certiorari
  • Protect Fundamental Rights: Only forum for direct rights protection
  • Public Interest Litigation (PIL): Can hear cases on public interest (liberal standing)

Advisory Jurisdiction (Article 143):

  • President can ask SC for opinion on constitutional questions
  • Opinion not binding but persuasive
  • Rarely used

Powers and Functions of Supreme Court

Judicial Powers:

  • Final arbiter of law
  • Interprets Constitution authoritatively
  • Strikes down unconstitutional laws
  • Reviews government action

Constitutional Powers:

  • Judicial Review: Examines laws' constitutionality
  • Constitutional Interpretation: Defines meaning of constitutional provisions
  • Basic Structure Doctrine: Protects essential features from amendment

Regulatory Powers:

  • Frames rules for court proceedings
  • Regulates subordinate courts
  • Makes rules for advocates' conduct

Public Interest Functions:

  • Takes cases on public interest (PIL)
  • Environmental protection cases
  • Custodial violence cases
  • Rights of marginalized groups

Landmark Judicial Interpretations

Kesavananda Bharati v. State of Kerala (1973):

  • Established basic structure doctrine
  • Limits Parliament's amendment power
  • Cannot amend essential constitutional features

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