The Indian Judiciary

• Judiciary — the system of courts that interpret and apply the law.
• Structure: Supreme Court → High Courts → District Courts → Lower Courts.
• Independence of judiciary — why it matters.
• Fundamental Rights protection through courts.
• Public Interest Litigation (PIL).
• Difference between criminal and civil cases.

Why an independent judiciary?

• Ensures no one — not even the government — is above the law.
• Rule of law: same laws apply to all citizens equally.
• If the government makes an unjust law, courts can strike it down (judicial review).
• Protects Fundamental Rights of citizens.

Structure of courts

Supreme Court (New Delhi) — apex court; final appeal
        ↓
High Courts (one per state/UT or shared)
        ↓
District Courts (one per district)
        ↓
Sub-divisional / Magistrate Courts (lowest level)

Supreme Court

• Highest court; final authority on interpretation of Constitution.
• Chief Justice of India (CJI) + up to 33 judges (appointed by President on advice of collegium).
• Original jurisdiction: disputes between states / states vs Centre.
• Appellate jurisdiction: final appeal from all High Courts.
• Advisory jurisdiction: President can seek opinion (not binding).

High Court

• One per state (or shared — e.g., Punjab & Haryana share Chandigarh HC).
• Appellate court for District Court decisions.
• Can issue writs to protect Fundamental Rights.
• Original jurisdiction in some matters (election disputes, company law).

District Court

• One per district; presided by District Judge.
• Handles most criminal and civil cases at first instance.

Types of cases

Judicial review

• Power of courts to examine laws passed by Parliament/state legislatures.
• If a law violates the Constitution → court declares it void (struck down).
• Example: Supreme Court struck down Section 66A of IT Act (2015) — violated free speech.

Public Interest Litigation (PIL)

• Any citizen can approach Supreme Court or High Court if a public interest is at stake — even if not personally affected.
• Introduced by Justice P.N. Bhagwati in 1980s.
• Has been used to: clean up polluted rivers, free bonded labourers, protect forests, ensure mid-day meals in schools.
• Makes judiciary accessible to the poor and marginalised.

Independence of judiciary

Lok Adalats — Alternative Dispute Resolution

• People's courts for settling disputes out of court, quickly and cheaply.
• Decisions are final and binding; no appeal.
• Handle motor accident claims, matrimonial disputes, land disputes.
• Reduce burden on regular courts.

• Draw the hierarchy of courts in India from highest to lowest.
• What is judicial review? Give one example.
• What is a PIL? How has it helped ordinary citizens?
• What is the difference between criminal and civil cases?
• Name two features that protect the independence of the judiciary.

Open the Practice tab for graded questions on the Judiciary.