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Class 11 Polity Chapter 6: Judiciary Notes

The Judiciary ensures justice, protects Fundamental Rights, and interprets the Constitution. This chapter covers the structure of Indian courts (Supreme Court, High Courts, District Courts), the powers of judicial review, Public Interest Litigation (PIL), and the independence of the judiciary.



Introduction: Understanding the Judiciary

  • The Judiciary interprets and applies laws, ensuring justice in society.
  • It acts as the guardian of the Constitution and protector of Fundamental Rights.
  • India has an integrated and independent judiciary with the Supreme Court at the top.

Why Do We Need a Judiciary?
  • Resolves disputes between individuals, states, and the government.
  • Interprets and upholds the Constitution.
  • Protects Fundamental Rights of citizens.
  • Ensures that laws are implemented fairly.


Structure of the Indian Judiciary

India follows a single integrated judicial system with the Supreme Court at the top, followed by High Courts and Subordinate Courts.


Levels of Courts in India
Level Court Jurisdiction (Powers)
Top Level Supreme Court Entire country
Middle Level High Courts One or more states
Lowest Level District and Subordinate Courts Individual districts


The Supreme Court of India (Articles 124-147)


Composition of the Supreme Court
  • Chief Justice of India (CJI) + other judges (maximum 34).
  • Appointed by the President based on the recommendation of the Collegium (group of senior judges).

Jurisdiction (Powers) of the Supreme Court
Type of Jurisdiction Meaning Example
Original Jurisdiction Hears cases that come directly to the Supreme Court. Disputes between states or between Centre and State.
Appellate Jurisdiction Hears appeals against decisions of lower courts. Criminal and civil cases from High Courts.
Advisory Jurisdiction Gives legal advice to the President. President seeking advice on constitutional matters.


High Courts in India (Articles 214-231)


Composition of High Courts
  • Each state has a High Court, but some High Courts serve multiple states (e.g., Punjab & Haryana High Court).
  • Headed by a Chief Justice and other judges.
  • Judges are appointed by the President after consultation with the Chief Justice of India and Governor of the state.

Jurisdiction (Powers) of High Courts
  • Original Jurisdiction – Can hear certain cases directly (e.g., elections, fundamental rights violations).
  • Appellate Jurisdiction – Can hear appeals from lower courts.
  • Supervisory Jurisdiction – Can oversee the functioning of lower courts.
  • Writ Jurisdiction – Can issue writs for protecting Fundamental Rights (like the Supreme Court).


Subordinate Courts (District Courts and Lower Courts)


Structure of Subordinate Courts
  • District and Sessions Courts handle civil and criminal cases at the district level.
  • Judges are appointed by the Governor of the state in consultation with the High Court.

Functions of Subordinate Courts
  • Resolve local disputes related to property, marriage, crime, etc.
  • Handle cases under special laws (family courts, consumer courts).
  • Ensure justice at the grassroots level.


Independence of the Judiciary

  • The Indian Judiciary is independent of the Executive and Legislature.
  • This ensures fair decisions without political influence.

How Is Judicial Independence Maintained?
Factor How It Ensures Independence
Security of Tenure Judges cannot be removed easily.
Fixed Salaries and Benefits Cannot be changed by the government.
No Interference Executive and Legislature cannot interfere in judicial decisions.
Power of Judicial Review Courts can declare laws unconstitutional.


Judicial Review and Interpretation of the Constitution


What Is Judicial Review? (Article 13)
  • The Supreme Court can strike down unconstitutional laws or government actions.
  • Ensures that all laws follow the Constitution.

Landmark Cases of Judicial Review
  • Kesavananda Bharati Case (1973) – Established Basic Structure Doctrine (Parliament cannot change the fundamental principles of the Constitution).
  • Minerva Mills Case (1980) – Strengthened Judicial Review.


Public Interest Litigation (PIL) and Judicial Activism


What Is PIL?
  • Public Interest Litigation (PIL) allows any citizen to approach the court for public welfare.
  • Introduced in 1980 to allow weaker sections to access justice.

Examples of PIL Cases
  • Vishaka Case (1997) – Led to laws against sexual harassment at the workplace.
  • MC Mehta Case (1986) – Banned harmful industries near the Taj Mahal.

Judicial Activism vs. Judicial Restraint
  • Judicial Activism – Courts actively intervene in government policies and social issues.
  • Judicial Restraint – Courts avoid interfering in policy matters.



Challenges Facing the Indian Judiciary

Challenge Explanation
Judicial Delays Millions of cases pending in courts.
Corruption in Judiciary Some judges face allegations of favoritism.
Lack of Transparency No public accountability in judicial appointments.
Understaffing of Courts Too few judges for a large population.
High Cost of Justice Legal procedures are expensive for the poor.


Conclusion

  • The Judiciary interprets and upholds the Constitution, ensuring justice for all.
  • The Supreme Court is the highest judicial authority, followed by High Courts and Subordinate Courts.
  • Judicial independence prevents political interference in legal decisions.
  • Judicial Review allows courts to strike down unconstitutional laws.
  • PIL and Judicial Activism make justice accessible to all citizens.
  • Challenges like delays, corruption, and high costs need urgent reforms.
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