UPSC
Introduction Indian Judiciary
The INDIAN judiciary is the cornerstone of Indian democracy. As the guardian of the Constitution, the judiciary ensures that justice prevails and that the rule of law is upheld in every corner of the country. For UPSC aspirants, understanding the judiciary is crucial, not just as a topic in the syllabus, but as a foundation of the Indian political system.
Structure of the Indian Judiciary
India follows a single integrated judicial system, unlike the federal dual system in countries like the United States. The structure is pyramidal, with the Supreme Court at the top, followed by High Courts at the state level, and Subordinate Courts (District and Sessions Courts) at the lower levels.
- Supreme Court of India:
- Established under Article 124 of the Constitution
- Located in New Delhi
- Chief Justice of India (CJI) heads the court
- It is the final interpreter of the Constitution and court of last appeal
- High Courts:
- Article 214 provides for High Courts in the states
- They handle appeals from lower courts and have original jurisdiction in some cases
- Some High Courts serve multiple states/UTs (e.g., Bombay HC)
- Subordinate Courts:
- Include District Courts, Family Courts, Fast-Track Courts, etc.
- Handle civil and criminal cases at the ground level
Functions of the Judiciary
- Interpretation of Laws:
The judiciary interprets and applies laws passed by the legislature. - Protection of Fundamental Rights:
Citizens can approach the judiciary directly through writ petitions (Article 32 and 226) to protect their rights. - Judicial Review:
Courts can strike down laws or executive actions that violate the Constitution. - Dispute Resolution:
The judiciary resolves disputes between the Union and States, or among States. - Guardian of the Constitution:
The judiciary ensures all branches of government operate within constitutional limits.
Independence of the Judiciary
A free and independent judiciary is vital for democracy. The Indian Constitution has several provisions to ensure this:
- Security of tenure for judges
- Fixed salaries and service conditions
- Separation of powers (Article 50)
- Judicial appointments and transfers by the collegium system
- Contempt of court provisions to protect dignity
Despite challenges, the judiciary has often played an activist role through Public Interest Litigations (PILs) and judicial activism to promote social justice.
Landmark Judgments
Understanding some key Supreme Court decisions is important for UPSC:
- Kesavananda Bharati v. State of Kerala (1973): Introduced the Basic Structure Doctrine
- Maneka Gandhi v. Union of India (1978): Expanded the interpretation of Article 21 (Right to Life)
- S.R. Bommai v. Union of India (1994): Strengthened federalism and curtailed misuse of Article 356
Challenges in the Judiciary
- Huge pendency of cases
- Judicial vacancies
- Allegations of corruption and lack of transparency
- Debate on collegium system vs. NJAC
Judicial reforms and increased digitalization (eCourts project) are steps in the right direction.
Conclusion
The Indian judiciary has stood as a pillar of strength for over seven decades. For a UPSC aspirant, it is not just a topic to study but an institution to admire. Understanding its role, powers, and challenges prepares aspirants for both the exam and the real-world responsibilities of future civil servants.
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1. UPSC Prelims 2020
Q. With reference to the Indian judiciary, consider the following statements:
- Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
- A High Court in India has the power to review its own judgment as per the Constitution of India.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
✅ Answer: (c)
2. UPSC Prelims 2017
Q. In India, the power to increase the number of judges in the Supreme Court lies with:
(a) The President of India
(b) The Parliament
(c) The Chief Justice of India
(d) The Law Commission
✅ Answer: (b)
3. UPSC Prelims 2014
Q. Consider the following statements:
- The Chief Justice of India is appointed by the President.
- The Chief Justice of a High Court is appointed by the Governor of the State concerned.
- The Chief Justice of India can hold office until he has attained the age of 65 years.
Which of the statements given above is/are correct?
(a) 1 and 3 only
(b) 2 and 3 only
(c) 1, 2 and 3
(d) 1 only
✅ Answer: (a)
✅ UPSC Mains PYQ – Indian Judiciary (GS Paper 2)
1. UPSC Mains 2023
Q. “The Indian judiciary is facing challenges such as backlog of cases, judicial vacancies, and lack of transparency in appointments.”
Discuss these issues and suggest comprehensive reforms.
2. UPSC Mains 2021
Q. Judicial legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution.
Discuss.
3. UPSC Mains 2019
Q. “The judicial system in India faces certain issues that need urgent reform.”
Analyze the problems and suggest measures to strengthen judicial accountability and efficiency.
4. UPSC Mains 2017
Q. Discuss the role of the Supreme Court in the implementation of constitutional amendments and its power of judicial review.