Key Points

The judiciary is a key organ of government that settles disputes, protects the rule of law, and safeguards individual rights. It also performs political functions by interpreting the Constitution.

An independent judiciary is essential to settle disputes impartially according to the rule of law, ensuring that all individuals are subject to the same laws. It prevents democracy from turning into a dictatorship by any individual or group.

Judicial independence means that the legislature and executive cannot interfere with the judiciary's decisions or functioning. It allows judges to perform their duties without fear or favour.

The Constitution ensures judicial independence through measures like a difficult removal process for judges, fixed tenure, and financial independence as their salaries are not subject to legislative approval.

The President appoints judges of the Supreme Court and High Courts after consulting the Chief Justice of India (CJI). The process aims to be free from party politics.

The Supreme Court established the principle of collegiality for appointments. The Chief Justice of India recommends names for appointment in consultation with the four senior-most judges of the Supreme Court.

A judge can be removed only on grounds of proven misbehaviour or incapacity. The process requires a motion to be passed with a special majority in both Houses of Parliament, making it extremely difficult.

India has a single integrated judicial system with a pyramidal structure. The Supreme Court is at the top, followed by High Courts, and then District and Subordinate Courts at the lowest level.

Original jurisdiction allows the Supreme Court to directly hear cases involving federal matters. This includes disputes between the Union and States or between different States.

Under Writ Jurisdiction, the Supreme Court can issue orders (writs) to protect Fundamental Rights. Under Appellate Jurisdiction, it is the highest court of appeal against decisions of the High Courts.

The President of India can refer any matter of public importance or constitutional interpretation to the Supreme Court for advice. This advice is not binding on the President.

Judicial Review is the power of the Supreme Court and High Courts to examine the constitutionality of any law. If a law violates the Constitution, it can be declared unconstitutional and non-operational.

Judicial activism refers to the proactive role played by the judiciary to protect citizens' rights and promote justice. It has made the judicial system more accessible to people.

PIL is the main instrument of judicial activism, allowing any person or group to approach the court on behalf of the aggrieved for an issue of public interest. It emerged in India around 1979.

Conflicts have often arisen between the Parliament and the judiciary over issues like the scope of Fundamental Rights and Parliament's power to amend the Constitution.

In this landmark case, the Supreme Court ruled that the Parliament cannot alter the 'basic structure' of the Constitution. The Court reserved for itself the right to decide what constitutes the basic structure.