Judiciary and Judicial Reforms: An In-depth Analysis for UPSC Aspirants
The Judiciary in India is one of the pillars of democracy and plays a vital role in ensuring the rule of law, upholding constitutional values, and protecting citizens’ rights. For experienced UPSC aspirants, understanding the nuances of the Indian Judicial System, Judicial Reforms, and the role of the judiciary in Indian governance is critical for both Prelims and Mains exams.
In this post, we will explore the key aspects of the Indian Judiciary, the role it plays in the governance framework, and the ongoing reforms that are shaping its functioning. Understanding these areas will help aspirants not only prepare for the General Studies papers but also for the Ethics paper, where issues related to judicial accountability, transparency, and integrity often come up.
1. The Structure of the Indian Judiciary: An Overview
The Indian Judiciary is an independent, hierarchical system designed to interpret and uphold the Constitution of India. It is composed of several levels, with the Supreme Court at the apex, followed by High Courts at the state level, and subordinate courts at the district level.
Key Areas to Focus:
- Supreme Court of India: The Supreme Court is the highest judicial body in the country and has extensive powers of judicial review, constitutional interpretation, and appeals. The key aspects to focus on include:
- Composition: The Chief Justice of India (CJI) and the other judges appointed by the President.
- Powers: Original jurisdiction (e.g., disputes between states), appellate jurisdiction (appeals from High Courts), and advisory jurisdiction (giving opinions on constitutional matters).
- Judicial Review: The power of the Supreme Court to examine the constitutionality of laws and executive actions, ensuring they conform to the Constitution.
- High Courts: Each state or group of states has a High Court, which exercises both original and appellate jurisdiction. High Courts are responsible for overseeing the functioning of subordinate courts in their jurisdiction and handling matters such as election disputes, writ petitions, and criminal appeals.
- Subordinate Courts: These include District Courts, Family Courts, Consumer Courts, and Magistrate Courts. They deal with day-to-day civil, criminal, and administrative matters.
References:
- M. P. Jain’s “Indian Constitutional Law”.
- DD Basu’s “Introduction to the Constitution of India”.
2. Judicial Review and Judicial Activism
One of the defining features of the Indian judiciary is its role in judicial review and judicial activism, both of which have profound implications for governance in India.
Judicial Review:
Judicial review refers to the power of the judiciary to scrutinize and, if necessary, invalidate laws, policies, or executive actions that violate the Constitution. This ensures that all laws passed by Parliament and state legislatures are in harmony with the Constitution.
Key Cases to Focus On:
- Kesavananda Bharati v. State of Kerala (1973): This landmark case established the Basic Structure Doctrine, which states that the Parliament cannot amend the Constitution in a way that alters its basic structure. The case is foundational in understanding judicial review and the relationship between the legislature and judiciary.
- Maneka Gandhi v. Union of India (1978): This case expanded the scope of Article 21 (Right to Life and Personal Liberty), emphasizing that any law depriving a person of life and liberty must not only be just, fair, and reasonable but also be in accordance with procedural due process.
Judicial Activism:
Judicial activism refers to the proactive role played by the judiciary in interpreting the Constitution to protect individual rights and expand its role in policy-making, especially when the executive and legislature fail to address critical issues.
Key Areas of Judicial Activism:
- Public Interest Litigation (PIL): Judicial activism in India gained momentum with the introduction of PIL in the 1980s. Courts began taking up cases of public importance suo-motu (on their own initiative), especially those related to human rights violations, environmental issues, and the rights of marginalized communities.
- Example Case: The Bhopal Gas Tragedy (1984), where the Supreme Court intervened to provide compensation to victims, even though the tragedy was not initially a matter for judicial review.
References:
- “Judicial Review and Judicial Activism” by M.P. Singh.
- “Indian Constitutional Law” by M. P. Jain.
3. Judicial Reforms in India: Need and Proposals
Despite the independence of the judiciary, India faces significant challenges in the functioning of its judicial system. These include delayed justice, backlog of cases, corruption, and lack of transparency in appointments.
Several judicial reforms have been proposed over the years to address these issues. For experienced aspirants, keeping abreast of these reforms, their implications, and debates surrounding them is crucial.
Key Areas to Focus:
- National Judicial Appointments Commission (NJAC):
- The NJAC was introduced by the 99th Constitutional Amendment Act (2014) to replace the collegium system of judicial appointments, which had faced criticism for lack of transparency.
- Challenges and Issues: The Supreme Court struck down the NJAC in 2015, declaring it unconstitutional, arguing that it undermined judicial independence. The debate continues over the balance of power in judicial appointments.
- Current Status: The collegium system remains in place, but discussions about improving transparency and accountability in judicial appointments continue.
- Speedy Justice and Case Backlog:
- India has one of the largest backlogs of court cases globally, with millions of cases pending in various courts. This leads to delayed justice, a serious issue that affects citizens’ faith in the judicial system.
- Suggestions for Reform: The establishment of Fast-Track Courts, e-Courts, and Alternative Dispute Resolution (ADR) mechanisms like arbitration and mediation are critical steps toward addressing the backlog.
- Judicial Accountability and Transparency:
- Judicial Accountability: Calls for the creation of an independent Judicial Accountability Commission to investigate allegations of corruption and misconduct against judges have grown louder.
- Transparency: The use of technology in courts, such as the implementation of e-filing and video-conferencing during the pandemic, has been an important step toward greater transparency and efficiency.
- Lowering of Legal Costs:
- Another critical reform area is lowering the cost of legal proceedings, which prevents many people, particularly the marginalized sections, from seeking justice. Proposals like free legal aid and strengthening legal aid cells in all courts are essential for ensuring access to justice.
- Access to Justice for Marginalized Groups:
- The judiciary’s role in safeguarding the rights of marginalized groups such as women, Dalits, tribals, and minorities must be further strengthened. This includes ensuring that the judiciary is proactive in addressing issues related to caste discrimination, religious intolerance, and gender inequality.
References:
- “Judicial Reforms in India” by R. K. Sapra.
- “Speedy Justice: Need and Reforms” by C. K. Thakker.
4. The Role of the Judiciary in Indian Politics
The role of the judiciary in Indian politics has been significant, particularly when it comes to balancing the powers of the executive and legislature. Judicial review often places the judiciary at the intersection of political power, making its role in political decision-making a sensitive topic.
Key Areas to Focus:
- Judicial Review of Legislation: The judiciary often intervenes when legislation passed by Parliament is found to be in violation of the Constitution.
- Judicial Intervention in Executive Actions: The judiciary has played a crucial role in checking the power of the executive, particularly when executive decisions threaten the rights and freedoms guaranteed under the Constitution.
Example Case: Minerva Mills v. Union of India (1980), where the Supreme Court protected the balance between Fundamental Rights and DPSP and reinforced its power of judicial review.
Conclusion
For experienced UPSC aspirants, an in-depth understanding of Judiciary and Judicial Reforms is essential, not only for the General Studies papers but also for Ethics and Current Affairs preparation. The judiciary’s role in ensuring justice, transparency, and accountability, along with its evolving relationship with the political system, remains a crucial aspect of Indian governance.
By staying updated with key judicial reforms, landmark judgments, and ongoing debates, aspirants can better prepare for a wide range of questions that may appear in both Prelims and Mains exams. A balanced and well-rounded understanding of judicial matters will equip you with the necessary insights to handle questions related to governance, legal frameworks, and ethics.
References
- “Indian Constitutional Law” by M. P. Jain.
- “Judicial Review and Judicial Activism” by M.P. Singh.
- “Judicial Reforms in India” by R. K. Sapra.
- DD Basu’s “Introduction to the Constitution of India”.
- “Indian Polity” by M. Laxmikanth.
By staying on top of these developments and the ever-changing
landscape of judicial functioning, experienced aspirants can ensure that they are well-prepared for the complexities of Indian polity, governance, and judicial systems in the UPSC exam.