The judiciary is the guardian of the Constitution and the protector of citizens' rights. — Granville Austin
6.1 Independence of the Judiciary
An independent judiciary ensures laws conform to the Constitution and citizens can seek justice without fear. Safeguards in India:
- Security of tenure — judges removed only by impeachment (Art. 124(4))
- Fixed service conditions — salaries charged on Consolidated Fund
- Separation from executive — executive cannot interfere in judicial decisions
- Collegium system — for appointment of higher judiciary (evolved through judgments)
6.2 Structure of Courts
| Court | Jurisdiction |
|---|---|
| Supreme Court (Art. 124) | Apex court; original, appellate, advisory; guardian of Constitution |
| High Courts (Art. 214) | Highest court in each state; writ jurisdiction (Art. 226) |
| District & Subordinate Courts | Civil and criminal trials; supervised by High Courts |
Article 141 — SC law binding on all courts. Article 144 — all authorities aid SC.
6.3 Judicial Review
Judicial review empowers courts to strike down laws and executive actions violating the Constitution.
- Rooted in Article 13 — laws inconsistent with Fundamental Rights are void
- Kesavananda Bharati (1973) — basic structure doctrine: Parliament cannot amend Constitution to destroy its core features
- Minerva Mills (1980) — balance between FR and DPSP part of basic structure
This makes the judiciary a check on legislative and executive power.
6.4 Judicial Activism and PIL
From the 1980s, the Supreme Court expanded access through Public Interest Litigation (PIL):
- Relaxed locus standi — any public-spirited person may petition
- Epistolary jurisdiction — letters treated as writ petitions
- Expanded Article 21 — right to life includes health, environment, livelihood (Olga Tellis, Vishaka)
Critics warn of judicial overreach; supporters cite failure of other branches on rights and governance.
6.5 Challenges
- Backlog — millions of pending cases
- Access — cost and delay deny justice to poor
- Appointment debates — collegium vs NJAC (struck down in NJAC, 2015)
- Accountability — limited transparency in higher judiciary appointments
Chapter Summary
- Independent judiciary safeguards Constitution and Fundamental Rights
- Hierarchy: Supreme Court → High Courts → subordinate courts
- Judicial review and basic structure limit parliamentary supremacy
- PIL and activism broadened rights enforcement under Article 21
- Pendency and access remain major reform priorities
Exercises (NCERT)
- Exercise 1 — safeguards ensuring judicial independence
- Exercise 2 — explaining judicial review with Kesavananda Bharati
- Exercise 3 — benefits and concerns of Public Interest Litigation