Supreme Court and High Courts
The judiciary in India plays a pivotal role in interpreting the Constitution, safeguarding fundamental rights, and ensuring justice is delivered impartially. This article provides an in-depth overview of the Indian judiciary’s structure, the jurisdiction of the Supreme Court, the concept of judicial review, the independence of the judiciary, the significance of Public Interest Litigations (PILs), and the role and functions of High Courts.
1. Structure of the Indian Judiciary: Supreme Court, High Courts, and Subordinate Courts
Supreme Court:
- The Supreme Court of India is the apex court and the highest judicial authority. It consists of the Chief Justice of India and a maximum of 33 other judges.
- Composition: Judges are appointed by the President of India. The Collegium system, comprising the Chief Justice and senior judges, recommends appointments.
- Jurisdiction: The Supreme Court has original, appellate, and advisory jurisdictions.
High Courts:
- Each state (or group of states) has a High Court, which is the highest court at the state level. As of now, India has 25 High Courts.
- Composition: High Court judges are appointed by the President in consultation with the Chief Justice of India and the Governor of the respective state.
- Jurisdiction: High Courts have original and appellate jurisdiction over civil and criminal cases arising in their respective states.
Subordinate Courts:
- Subordinate courts function under the supervision of High Courts and handle the bulk of judicial work. They include District Courts, Sessions Courts, and various other lower courts.
- Composition: Judges are appointed by the state governments in consultation with the respective High Courts.
- Jurisdiction: These courts handle civil and criminal cases at the district level and below.
2. Jurisdiction of the Supreme Court: Original, Appellate, and Advisory
Original Jurisdiction:
- The Supreme Court has the authority to hear cases for the first time, particularly those involving disputes between states, or between the union and states. It also includes matters related to the enforcement of fundamental rights.
Appellate Jurisdiction:
- The Supreme Court hears appeals against judgments from High Courts, Tribunals, and other courts. Appeals can be related to civil, criminal, or constitutional matters.
Advisory Jurisdiction:
- Under Article 143 of the Constitution, the President of India can seek the Supreme Court’s advice on any question of law or fact of public importance. The advice is not binding.
3. Judicial Review: Concept and Importance
Concept:
- Judicial review is the power of the judiciary to examine the constitutionality of legislative acts and executive orders. If found inconsistent with the Constitution, such acts or orders can be declared null and void.
Importance:
- Safeguarding the Constitution: Ensures that all laws and executive actions conform to the Constitution.
- Protection of Fundamental Rights: Acts as a guardian of citizens’ rights by invalidating laws that infringe upon fundamental rights.
- Check on Arbitrary Power: Prevents misuse of power by the legislature and the executive, maintaining the balance of power.
- Promoting Rule of Law: Upholds the principle that law is supreme and ensures governance according to established laws.
4. Independence of Judiciary: Constitutional Provisions and Challenges
Constitutional Provisions:
- Security of Tenure: Judges can only be removed through a rigorous process of impeachment, ensuring their security of tenure.
- Fixed Salaries and Allowances: Judges’ salaries and allowances are charged on the Consolidated Fund of India, making them non-votable in Parliament.
- Prohibition on Practice: Judges of the Supreme Court and High Courts are not allowed to practice law after retirement, preventing conflict of interest.
- Appointment Process: The Collegium system aims to maintain independence in judicial appointments.
Challenges:
- Political Influence: Instances of political interference in judicial appointments and decisions pose a threat to independence.
- Judicial Accountability: Balancing independence with accountability remains a complex issue.
- Infrastructure and Resources: Inadequate infrastructure and resources can hinder judicial independence and efficiency.
5. Public Interest Litigation (PIL): Significance and Landmark Cases
Significance:
- Access to Justice: PIL allows any individual or organization to file petitions on behalf of those who cannot approach the courts, enhancing access to justice.
- Social Change: PILs have been instrumental in addressing social issues, environmental protection, and human rights violations.
- Judicial Activism: Encourages judicial intervention in matters of public interest and policy, ensuring governance accountability.
Landmark Cases:
- Hussainara Khatoon v. State of Bihar (1979): Highlighted the plight of undertrial prisoners and led to reforms in the criminal justice system.
- MC Mehta v. Union of India (1986): A series of cases leading to significant environmental jurisprudence, including the Ganga pollution case.
- Vishaka v. State of Rajasthan (1997): Led to the formulation of guidelines for preventing sexual harassment at the workplace.
6. Role of High Courts: Jurisdiction and Functions
Jurisdiction:
- Original Jurisdiction: High Courts have the authority to hear cases directly, especially those related to fundamental rights, elections, and the enforcement of legal rights.
- Appellate Jurisdiction: They hear appeals against the judgments of subordinate courts within their territorial jurisdiction.
- Supervisory Jurisdiction: High Courts supervise and control all subordinate courts and tribunals within their jurisdiction, ensuring proper administration of justice.
Functions:
- Writ Jurisdiction: Under Article 226, High Courts can issue writs (habeas corpus, mandamus, prohibition, quo warranto, and certiorari) for enforcing fundamental rights and other legal rights.
- Judicial Review: High Courts have the power to review the constitutionality of state laws and executive actions.
- Administrative Functions: Overseeing the functioning of subordinate courts, including recruitment, posting, and promotion of judicial officers.
- Advisory Role: High Courts advise the executive and legislature on legal matters when requested.
Conclusion:
The judiciary in India, with the Supreme Court at its apex and High Courts at the state level, plays a crucial role in upholding the rule of law, protecting fundamental rights, and ensuring justice. The structure and functions of these courts, their jurisdiction, the concept of judicial review, the importance of Public Interest Litigations, and the provisions ensuring judicial independence are integral to maintaining a robust legal system. For UPSC aspirants, a deep understanding of these aspects is essential for excelling in the civil services examination and contributing to the governance of the country.
