The Judiciary
The Judiciary serves as the third and independent organ of the government, tasked with interpreting laws, settling disputes, and safeguarding the Constitution and the fundamental rights of citizens. In India, the judiciary operates within a unified system headed by the Supreme Court, followed by High Courts and Subordinate Courts, ensuring a structured approach to law and justice.
Structure of the Judiciary
- Supreme Court: The apex court of India, located in New Delhi, sits atop the judicial hierarchy.
- High Courts: These exist in each state or group of states, serving as the immediate appellate courts.
- Subordinate Courts: Including District and Sessions Courts, they handle civil and criminal cases at the local level.
Supreme Court Composition and Jurisdiction
The Supreme Court comprises the Chief Justice of India and up to 33 other judges, all appointed by the President of India. Judges must be Indian citizens with a minimum of ten years' experience as a High Court judge or advocate, and they serve until the age of 65. The Supreme Court holds original jurisdiction to resolve disputes involving the government and states, appellate jurisdiction for hearing appeals from High Courts, advisory jurisdiction upon the President's request, and the ability to issue writs for enforcing Fundamental Rights.
Functions and Independence of the Judiciary
The Supreme Court acts as the guardian of the Constitution, ensuring laws align with constitutional provisions. Judicial independence is maintained through appointed judges with fixed tenures, protection from arbitrary removal, and fixed salaries. The judiciary also has the power of judicial review to declare laws unconstitutional.
High Courts and Subordinate Courts
High Courts function similarly to the Supreme Court, though their jurisdiction is confined to their respective states, supervising subordinate courts tasked with handling local cases.