Introduction
The Judiciary in India is the guardian of the Constitution and the protector of individual rights. It acts as a check on the legislative and executive wings of the government and ensures justice is served according to the rule of law.
Being independent and impartial, the Indian Judiciary is considered one of the strongest in the world. It interprets laws, resolves disputes, and ensures that laws passed do not violate the basic structure of the Constitution.
Structure of Indian Judiciary
The Indian judiciary is a single integrated system with three levels:
1. Supreme Court of India
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Apex court and highest judicial authority.
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Located in New Delhi.
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Consists of the Chief Justice of India (CJI) and a maximum of 33 other judges.
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Judges are appointed by the President through the Collegium system.
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Has original, appellate, and advisory jurisdiction.
2. High Courts
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One in each state or a group of states.
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Headed by a Chief Justice, along with other judges.
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Exercises jurisdiction over state-level legal issues.
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Can issue writs for enforcement of Fundamental Rights.
3. Subordinate Courts
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District and session courts.
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Deal with civil and criminal cases at the district level.
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Include Family Courts, Consumer Forums, Lok Adalats, etc.
Powers and Jurisdiction of the Supreme Court
1. Original Jurisdiction
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Disputes between the Centre and one or more states, or between states.
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Enforcement of Fundamental Rights under Article 32.
2. Appellate Jurisdiction
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Hears appeals against judgments of High Courts, Tribunals, and lower courts.
3. Advisory Jurisdiction
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President can refer matters of public importance or constitutional issues to the Supreme Court for its opinion under Article 143.
4. Judicial Review
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Can strike down laws and executive actions that violate the Constitution.
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Ensures laws are consistent with constitutional principles.
Independence of Judiciary
A key feature of the Indian judiciary is its independence, ensured through:
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Security of tenure: Judges can't be easily removed.
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Fixed service conditions: Salaries and allowances are charged on the Consolidated Fund of India.
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No interference from executive or legislature.
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Power to punish for contempt of court.
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Separation of powers between judiciary and other branches.
High Courts: Role and Jurisdiction
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High Courts are constitutional courts for states.
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They have writ jurisdiction under Article 226, broader than Article 32.
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Handle civil, criminal, and constitutional matters.
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Supervise lower courts and ensure uniformity of justice.
Subordinate Judiciary
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Directly under High Court supervision.
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Judges appointed by State Public Service Commissions and Governor.
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Deal with day-to-day legal disputes.
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Form the foundation of justice delivery to common citizens.
Judicial Activism and PIL
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Public Interest Litigation (PIL) allows any citizen to approach courts for matters of public concern.
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Encouraged judicial activism, where courts step in to correct government inaction.
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Landmark PILs: MC Mehta v. Union of India, Vishaka v. State of Rajasthan, etc.
Challenges to Judiciary
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Case pendency: Millions of cases pending at all levels.
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Delays in appointments and infrastructure.
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Backlog leads to justice being delayed.
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Need for judicial reforms, better funding, and use of technology (e-Courts).
Conclusion
The Indian Judiciary is the backbone of the democratic setup. It ensures that laws are obeyed, rights are protected, and governments are held accountable. Despite challenges like delays and pendency, it has played a pivotal role in preserving constitutional values, upholding human dignity, and strengthening citizen trust in justice.
An informed understanding of the judiciary helps citizens become conscious participants in democracy, seeking justice not just for themselves but for society at large.