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Courses upsc indian polity

indian polity

The 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.

UPSC Mains Corner

HIGH YIELD

" 'Public Interest Litigation (PIL) has democratized access to justice but has also blurred the lines of separation of powers.' Critically comment. "

Suggested Approach:

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.

Prelims Pulse

Integrated Judiciary

A single system of courts enforces both central and state laws.

Original Jurisdiction (Art 131)

SC's exclusive power to hear federal disputes (Centre vs. State, State vs. State).

Advisory Jurisdiction (Art 143)

President can seek SC's opinion on questions of law or fact. The SC may decline, and the opinion is not binding on the President.

Court of Record (Art 129)

SC judgments are recognized as legal precedents, and it has the power to punish for its contempt.

Collegium System

Evolved through jurisprudence (not in the Constitution). Comprises CJI and 4 senior-most judges for SC appointments.

NJAC Act (99th Amendment)

Attempted to replace the Collegium. Struck down by SC in 2015 for violating the 'basic structure' of judicial independence.

Curative Petition

Evolved in the Rupa Ashok Hurra case (2002); the final legal remedy after a review petition is dismissed.

Locus Standi

The legal capacity to file a suit. PIL relaxed this, allowing any public-spirited person to approach the court on behalf of the aggrieved.

Removal of SC Judge

Requires a special majority in both houses of Parliament on grounds of 'proved misbehavior or incapacity'. No judge has been successfully impeached yet.

Judicial Review

The power to examine the constitutionality of legislative enactments and executive orders (implicit in Art 13).

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

CollegiumJudicial ReviewJudicial ActivismJudicial OverreachPILLocus StandiContempt of CourtEpistolary JurisdictionAppellateOriginal JurisdictionSpecial Leave Petition

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

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What is the composition of the SC Collegium?

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Under which article does the SC exercise Advisory Jurisdiction?