ThinkRankThe Judiciary: Independence & Activism
Examine the integrated judicial system, the evolution of the collegium system for appointments, and the fine line between judicial review and judicial overreach.
Learning Objectives
- •Analyze the evolution and controversies surrounding the Collegium system
- •Distinguish between Original, Appellate, and Advisory jurisdictions
- •Evaluate the merits and demerits of Judicial Activism
Detailed Analysis
India has a single, integrated judicial system, unlike the USA where federal and state laws are enforced by separate courts. The Supreme Court (SC) is the apex body, acting as a federal court, highest court of appeal, guarantor of fundamental rights, and guardian of the Constitution. Independence of the judiciary is secured through various provisions: fixed tenure, expenses charged on the Consolidated Fund, and a rigorous removal process.
The most analytical aspect for UPSC is the 'Judges Cases' which evolved the 'Collegium System' for appointments. Initially, 'consultation' with the CJI did not mean 'concurrence' (First Judges Case, 1982). This was reversed in the Second (1993) and Third (1998) Judges Cases, establishing the exclusivity of the collegium. The SC famously struck down the 99th Amendment (NJAC) in 2015, terming it a violative of judicial independence (Basic Structure). Another major theme is Judicial Activism (PILs initiated by Justice PN Bhagwati), which expanded access to justice but occasionally borders on Judicial Overreach when courts enter executive/legislative domains.
" 'Public Interest Litigation (PIL) has democratized access to justice but has also blurred the lines of separation of powers.' Critically comment. "
1. Introduction: Define PIL (originated in USA, introduced in India by Justices VR Krishna Iyer and PN Bhagwati). 2. Body-Positives (Democratization): Relaxation of 'locus standi', protecting environmental/human rights (e.g., Bandhua Mukti Morcha, MC Mehta cases). 3. Body-Negatives (Separation of Powers): Discuss Judicial Overreach—courts directing executive policy on areas they lack expertise (e.g., banning liquor near highways, BS-VI norms). 4. Conclusion: Highlight the need for judicial restraint. The judiciary must act as an alarm bell, not act as the government itself.
Key Concepts
Basic Structure Doctrine
Judicial independence is a core part of the Basic Structure, which is why the executive-heavy NJAC was deemed unconstitutional.
Terminology
Historical Insight
Epistolary Jurisdiction
In the early days of PIL, the SC treated letters and telegrams addressed to judges directly as writ petitions.
Quick Check
What is the composition of the SC Collegium?
Under which article does the SC exercise Advisory Jurisdiction?
How to use this lesson
Read the overview first, then explain the main idea in your own words before checking the key concepts. Use the quick-check questions without looking at the answer. For examination preparation, verify dates, definitions, and syllabus requirements against your official textbook and school or examination-board guidance.
Test Your Knowledge
Ready to check your understanding of this chapter? Take our interactive practice quiz.