Class VIII – Political Science
Summary
Chapter-4
The Crucial Role of an Independent Judiciary
In the fabric of a nation’s governance, the judiciary stands as a pillar of justice, ensuring the application of laws uniformly and the adherence to established procedures. This article delves into the significance of an independent judiciary within India’s democratic framework, exploring its role in dispute resolution, judicial review, and upholding fundamental rights.
Dispute Resolution Mechanism
The judiciary serves as a mechanism for resolving various disputes, ranging from conflicts between citizens to those involving the government at different levels. Whether it’s mediating disputes between individuals, settling disagreements between states, or addressing conflicts between the central and state governments, the courts provide a platform for fair resolution.
Judicial Review: Safeguarding Constitutional Integrity
As the ultimate interpreter of the Constitution, the judiciary possesses the power of judicial review, enabling it to nullify laws deemed in violation of the Constitution’s fundamental principles. This authority empowers the judiciary to safeguard the integrity of the Constitution, ensuring that legislative actions align with the core tenets of India’s democratic framework.
Upholding Fundamental Rights
One of the fundamental roles of the judiciary is to uphold and enforce the fundamental rights enshrined in the Constitution. Every Indian citizen retains the right to seek recourse from the Supreme Court or High Court if they believe their fundamental rights have been infringed upon. This aspect underscores the judiciary’s commitment to protecting individual liberties and ensuring justice for all.
Interconnectedness of Courts
While each court operates within its designated jurisdiction, there exists a hierarchical relationship connecting local courts to the apex court in New Delhi, the Supreme Court. This hierarchical structure enables the Supreme Court to serve as the final authority on legal matters, ensuring consistency and coherence in legal interpretation and application across the nation.
In essence, the judiciary’s independence is paramount to its effective functioning within India’s democratic framework. By upholding the rule of law, resolving disputes, exercising judicial review, and safeguarding fundamental rights, the judiciary reinforces the democratic principles upon which the nation stands, ensuring fairness, equality, and justice for all citizens.
Understanding an Independent Judiciary
An independent judiciary forms the bedrock of a fair and just legal system. It ensures that judges can render impartial decisions, free from external influence, thereby upholding the rule of law and safeguarding the rights of individuals. However, when the judiciary becomes subject to undue control or influence, the essence of justice is compromised, as illustrated in the scenario where a powerful politician manipulates the judicial process for personal gain.
High Courts were first established in the three Presidency cities of Calcutta, Bombay and Madras in 1862. The High Court of Delhi came up in 1966. Currently there are 25 High Courts. While many states have their own High Courts, Punjab and Haryana share a common High Court at Chandigarh, and four North Eastern states of Assam, Nagaland, Mizoram and Arunachal Pradesh have a common High Court at Guwahati. Andhra Pradesh (Amaravati) and Telangana (Hyderabad) have separate High Courts from 1 January 2019. Some High Courts have benches in other parts of the state for greater accessibility.
Significance of Independence
Independence within the judiciary translates to freedom from interference by other branches of government, namely the legislature and the executive. This separation of powers, enshrined in the Indian Constitution, is vital for preserving the integrity of judicial decisions and preventing undue influence. It allows judges to adjudicate cases based on merit, without fear of repercussions or external pressures.
Appointment and Tenure
The independence of the judiciary is further bolstered by stringent measures governing the appointment and removal of judges. Minimal interference from governmental branches ensures that judicial appointments are made based on merit and integrity. Once appointed, judges enjoy security of tenure, making it difficult for external forces to manipulate their decisions or coerce them into partiality.
Role in Safeguarding Rights
An independent judiciary serves as a bulwark against the abuse of power by legislative and executive authorities. By adjudicating disputes and enforcing fundamental rights enshrined in the Constitution, the judiciary ensures accountability and fairness within the governance framework. Citizens can seek recourse from the courts if they believe their rights have been violated, thus ensuring the equitable application of justice.
Structural and Procedural Safeguards
Beyond separation of powers, the Indian Constitution provides additional safeguards to maintain judicial independence. These include the establishment of an independent body like the Judicial Appointments Commission (JAC) to oversee judicial appointments, ensuring transparency and accountability in the process. Moreover, provisions exist to shield judges from arbitrary removal, promoting stability and impartiality within the judiciary.
Judicial Activism and Social Justice
India’s judiciary has a history of proactive engagement with social issues, often stepping in to address systemic injustices and protect the rights of marginalized communities. Landmark judgments, such as those on environmental protection, gender equality, and minority rights, highlight the judiciary’s role in promoting social justice and upholding constitutional values.
Global Recognition and Collaboration
India’s independent judiciary has garnered international recognition for its commitment to upholding the rule of law and ensuring access to justice for all citizens. Collaborations with international legal bodies and participation in forums like the International Court of Justice (ICJ) underscore India’s role in the global legal landscape, contributing to the advancement of judicial principles and standards worldwide.
In essence, an independent judiciary is indispensable for upholding the rule of law and ensuring justice within a democratic society. By maintaining autonomy from external influence, appointing judges based on merit, and providing a mechanism for legal recourse, the judiciary reinforces the principles of fairness, equality, and accountability in governance. Through structural safeguards, proactive engagement, and global collaboration, India’s judiciary continues to uphold its pivotal role in safeguarding rights and promoting social justice.
Exploring the Diverse Facets of the Legal System
Delving beyond the foundational principle of judicial independence, an in-depth exploration of India’s legal system unveils its intricate branches, challenges in accessing justice, and the profound impact of judicial interpretation on societal dynamics.
Branches of the Legal System: Criminal and Civil Law
Beyond criminal law, which addresses offenses against society, India’s legal system encompasses civil law, governing disputes between individuals and entities. For instance, the enactment of civil laws such as the Protection of Women from Domestic Violence Act in 2006 underscores the evolving nature of legal frameworks to address contemporary societal challenges and protect vulnerable groups.
Access to Justice: Theory versus Reality
While theoretically accessible to all citizens, the reality of accessing courts often presents formidable barriers, particularly for marginalized and economically disadvantaged communities. Legal proceedings entail significant costs, intricate paperwork, and protracted timelines, rendering justice elusive for many. In response to this disparity, the concept of Public Interest Litigation (PIL) emerged in the 1980s, streamlining legal processes and empowering individuals or organizations to advocate for broader societal causes, thereby enhancing access to justice for marginalized groups.
Impact of Judicial Interpretation: Expanding Rights and Obligations
Court decisions play a pivotal role in interpreting and expanding upon Fundamental Rights enshrined in the Constitution. For instance, landmark judgments have broadened the scope of Article 21’s Right to Life to encompass the Right to Food, catalyzing transformative initiatives like the mid-day meal scheme for schoolchildren. Such interpretations not only safeguard individual rights but also shape government policies and societal norms, thereby fostering inclusive development and social justice.
The judgment of the Olga Tellis vs Bombay Municipal Corporation established the Right to Livelihood as part of the Right to Life. The following excerpts from the judgment point to the ways in which the judges linked the issue of the Right to Life to that of livelihood: The sweep of the Right to Life, conferred by Article 21 is wide and far reaching. ‘Life’ means something more than mere animal existence. It does not mean merely that life cannot be extinguished or taken away as, for example, by the imposition and execution of the death sentence, except according to procedure established by law. That is but one aspect of the Right to Life. An equally important facet of that right is the right to livelihood because no person can live without the means of living, that is, the means of livelihood. That the eviction of a person from a pavement or slum will inevitably lead to the deprivation of his means of livelihood, is a proposition which does not have to be established in each individual case …. In the present case that facts constituting empirical evidence justify the conclusion that the petitioners live in slums and on pavements because they have small jobs to nurse in the city and for them there is nowhere else to live. They choose a pavement or a slum in the vicinity of their place of work and to loose the pavement or the slum is to loose the job. The conclusion therefore is that the eviction of the petitioners will lead to deprivation of their livelihood and consequently to the deprivation of life.
Olga Tellis vs Bombay Municipal Corporation (1985) 3 SCC 545
Challenges and Critiques: Navigating Complexities and Inequities
Despite its significant role, the judiciary faces criticisms and challenges. Recent judgments on contentious issues, such as evictions from slums, have sparked debates, with some perceiving a departure from earlier protective stances. Furthermore, the prolonged duration of court proceedings undermines the principle of expeditious justice delivery, perpetuating the adage “justice delayed is justice denied” and eroding public trust in the legal system. Addressing these challenges necessitates systemic reforms, including the modernization of court infrastructure, the enhancement of legal aid services, and the streamlining of procedural complexities to ensure equitable access to justice for all.
| S. No. | Name of the Court | Sanctioned Strength | Working Strength | Vacancies |
|---|---|---|---|---|
| A | Supreme Court | 34 | 34 | 0 |
| B | High Courts | 1,079 | 655 | 424 |
| C | District and Subordinate Courts | 22,644 | 17,509 | 5,135 |
This table outlines the sanctioned strength, working strength, and vacancies in the Supreme Court, High Courts, and District and Subordinate Courts in India as of November 1, 2019.
Conclusion
In conclusion, India’s legal system encompasses a rich tapestry of legal branches, mechanisms, and interpretations that extend far beyond the notion of judicial independence. By fostering access to justice, safeguarding rights, and navigating complexities and critiques, the judiciary remains a cornerstone of democracy, upholding the rule of law and ensuring the equitable distribution of justice in society, as envisioned by the framers of the Constitution.