Union Judiciary: Supreme Court, Judicial Review and Activism

Judiciary: Need for an Independent Judiciary

The Basics

In any society, disagreements come up constantly, between two people, between groups, or between a citizen and the government. Someone neutral has to settle these disagreements, otherwise the stronger party would always win. That neutral body is the judiciary. Its core job is to protect the rule of law. Rule of law means everybody, including the government, must obey the same law.

Supreme Court: Composition, Appointment and Acting/Ad Hoc Judges

The Basics

The Supreme Court of India is the highest court of the country, sitting at the apex of the judicial system. It was inaugurated on 28 January 1950, taking over from the Federal Court of India which had been set up under the Government of India Act of 1935. Its jurisdiction is wider than the Federal Court's because it also absorbed the powers of the British Privy Council, which had earlier been the final court of appeal for India.

Supreme Court Judges: Qualifications, Oath, Tenure and Removal

The Basics

A person must meet certain conditions before becoming a judge of the Supreme Court, must take an oath before starting work, serves for a limited period, and can be removed only through a difficult, constitutionally guarded process. This design protects judges from losing office over unpopular decisions, securing judicial independence.

Independence of the Supreme Court: Safeguards

The Basics

The Supreme Court is the guardian of the Constitution, the protector of Fundamental Rights and the final court of appeal. For it to perform these roles honestly, it must be free from pressure by the executive and the legislature. So the Constitution builds several walls of protection around the Court, not just around individual judges but around the institution itself.

Supreme Court: Original Jurisdiction

The Basics

Original jurisdiction means a court hears a case directly, for the first time. It is not an appeal from a lower court. For the Supreme Court of India, original jurisdiction under Article 131 covers disputes between the different units of the Indian federation.

Supreme Court: Writ Jurisdiction

The Basics

The Supreme Court's writ jurisdiction is its power to issue the five writs directly. A citizen whose Fundamental Rights are violated can approach it directly. There is no need to go through lower courts first.

Supreme Court: Appellate Jurisdiction

Note coming soon.

Indian Supreme Court versus American Supreme Court: Comparison

The Basics

The Supreme Court of India and the Supreme Court of the United States of America are both apex courts. Their jurisdiction and powers differ in several ways. The two constitutions were drafted on different principles.

Supreme Court: Advisory Jurisdiction

Note coming soon.

Supreme Court as Court of Record and Contempt Power

The Basics

A Court of Record is a court whose judgments, proceedings and acts are preserved for perpetual memory and used as evidence; once such a record is produced, its contents cannot be questioned. The Supreme Court is declared a Court of Record, and so is every High Court, meaning their past rulings become binding legal precedents.

Judicial Review: Meaning, Scope and Constitutional Basis

The Basics

Judicial review is the power of the Supreme Court and the High Courts to examine the constitutionality of laws. It also covers executive orders of the Union and the states. A law or order found inconsistent with the Constitution is declared null and void. This power does not judge whether a law is wise or good policy. It only checks whether the law is within constitutional limits. Once a court strikes down a law this way, the government cannot enforce it.

Curative Petition and Review of Judgments

The Basics

A review petition asks the Supreme Court to look again at its own final judgment.

Judicial Activism: Meaning, Origins and Aspects

The Basics

Judicial activism means judges do more than interpret laws. They actively shape laws to meet changing times. This sometimes means stepping into areas usually left to the legislature and the executive.

Activators and Apprehensions of Judicial Activism

The Basics

Judicial activism did not grow only inside courtrooms. Citizens and lawyers' groups kept bringing rights issues to judges. Jurist Upendra Baxi studied this pattern. He called such groups the activators of judicial activism.

Judicial Review vs Judicial Activism

Note coming soon.

Judicial Restraint: Meaning and Supreme Court's View

Note coming soon.

Public Interest Litigation: Origins, Meaning and Features

The Basics

Public Interest Litigation, or PIL, is a case brought before a court to protect public interest. It is not meant to settle a private dispute between two parties. It protects the interest of the public or a group of people who cannot approach the court themselves. It is also called Social Action Litigation, Social Interest Litigation, or Class Action Litigation. The Supreme Court has described it as a legal action started in court for the enforcement of public interest or general interest. In such cases, the rights or liabilities of the public or a class of people are affected.

Public Interest Litigation: Scope and Guidelines Against Misuse

The Basics

Public Interest Litigation was meant for people who cannot reach a court themselves, but once courts relaxed the rules of standing and procedure, many petitioners started using PIL for personal, political or publicity purposes. So the Supreme Court had to mark out what subjects genuinely deserve PIL treatment, and what rules keep the tool from being abused.

Collegium System and Judges' Appointment Cases

The Basics

The collegium system is the procedure for appointing judges of the Supreme Court and High Courts. It is not written in the Constitution, but invented by the judiciary itself. Under it, the Chief Justice of India and senior-most judges recommend names for appointment. The President then acts on this recommendation.

Judiciary's Relationship with Parliament and Executive

Note coming soon.