Name: Yana

Tanwar
Roll No:10
Stream:
Humanities
TOPIC: Judiciary
 CERTIFICATE
This is to certify that Yana Tanwar of Grade
11- Humanities has successfully completed
this project under the guidance of Ms.
Sanchayita (Political science teacher)
during the year 2024-25.

SIGNATURE:
ACKNOWLEGEMEN
T
I express my heartfelt gratitude to my
Political science teacher Ms. Sanchayita
who gave me this golden opportunity to do
this wonderful project of political science
on "Judiciary". Through this project, I got to
know many new things about the Indian
Judiciary.
Secondly, I would like to thank my parent
and friends who helped me in finalising this
project.

~ Yana Tanwar
Grade 11 Humanities
 INDEX
S. TOPIC
No
1 INTRODUCTION
2 IMPORTANCE OF INDEPENDENT
JUDICIARY
3 STRUCTURE OF THE JUDICIARY
4 JUDGES-APPOINTMENT AND REMOVAL
5 JURISDICTION OF SUPREME COURT
6 JUDICIAL ACTIVISM
7 JUDICIARY AND RIGHTS
8 JUDICIARY AND PARLIAMENT
9 BIBLIOGRAPHY
 INTRODUCTION
The Indian administration is divided into three
branches- Legislature, Executive and Judiciary.
While the first two are interdependent, the
Indian judicial system is an independent pillar. A
separate pillar means that the Judiciary in India
functions or works without the interference of
the other two organs of the government.

The Judiciary in the Indian constitution, ensures

justice for all its citizens, apart from liberties,
equality, and fraternity. In Indian democracy,
the role of the Judiciary in India is preserving
the fundamental rights of citizens, including the
provision of fair justice. Justice is the soul of a
democratic state, and it must be delivered
without fear or favour. Integrity, impartiality,
and intelligence are some of the essential
qualities of an independent judiciary in a
democracy.

In simple words, The Judiciary is that branch of

the government that interprets the law, settles
disputes and administers justice to all citizens.
The judiciary is also considered as the guardian
of the Constitution.

IMPORTANCE OF AN
INDEPENDENT
JUDICIARY
An Independent Judiciary means a judiciary that
is unbiased and can act freely without any
influence or interference from any other part of
the political system

The Indian constitution has ensured the

independence of the judiciary through a number
of measures:
The legislature is not involved in the process of
appointment of judges. This, it was believed that
party politics would not play a role in the
process of appointments.
The judges have a fixed tenure. They hold office
till reaching the age of retirement. But
otherwise, they have security of tenure. Security
of tenure ensures that judges could function
without fear or favour.
The judiciary is not financially dependent on
either the executive or legislature. The
constitution provides that the salaries and
allowances of the judges is not subjected to the
approval of the legislature.

An impartial judicial system is essential for

defending the rights of minorities & other
marginalised groups in a multicultural and
diversified nation like India. In addition, a strong
independent Judiciary is essential to maintaining
the Rule of Law. It ensures that everyone is
governed by the same set of laws, irrespective of
their position or power.

JUDGES
Appointment -
The appointment of judges has never been free
from the political controversy. It is the part of
the political process. Council of ministers,
governors, chief ministers and chief justice of
India- all influence the process of the judicial
appointment.
Over the years, The Chief justice of India usually
was appointed from the most senior judges in
the supreme court. Later this convention was
broken twice. In 1973, A.N Ray was appointed
CJI subseding three senior judges. Again, Justice
M.H Beg was appointed subseding Justice H.R
Khana.

The other judges of the supreme court and high

court are appointed by the President after
consulting the CJI.

Thus, in matters of appointment the supreme

court and the council of ministers play an
important role.

Removal-
The removal of the judges of the supreme court
and the high court is extremely difficult. A judge
of the supreme court and the high court can only
be removed only on the grounds of misbehaviour
or incapacity. A motion containing charges
against the judge has to approved by special
majority in both houses of the Parliament.

So far, only one case of removal of a judge of

the supreme court came up in the Parliament.
Though, the motion got only two- thirds majority,
it did have the support of the majority, therefore,
the judge was not removed.
Jurisdiction of the
supreme COURT
 Original jurisdiction -
Original jurisdiction of a court refers to a
matter for which the particular court is
approached first. In the case of the
Supreme Court in India, its original
jurisdiction is covered under Article 131. It
involves the following cases:
1. Any dispute between the Indian
Government and one or more States.
2. Any dispute between the Indian
Government and one or more States on
one side and one or more States on the
other side.
3. Any dispute between two or more
States.

Writ jurisdiction -
Any individual whose fundamental right has
been violated can directly move to the
supreme court for remedy. Moreover, the
supreme court can also give special orders
in the form of writs.

Appellate jurisdiction -
The higher court has the power to change
or review the decision, which has been
given by the lower court. It is known as
appellate jurisdiction. In India, the Supreme
Court can take this decision in some cases
such as criminal cases, civil cases, etc.
Appellate Jurisdiction always occurs equally
in Criminal as well as Civil Law. In a case,
the appellate party can challenge the
decision of the lower court, which is known
as appeal and the additional party is called
appellate. The appellate court here the case
for which the party appeals typically file
this appeal which contests the lower court’s
decision.

Advisory jurisdiction -
The advisory shows that the president can
also get help from the jurisdictional power
or advice of the Supreme Court in the time
of any kind of issue. It has been seen that in
the time of need of lower courts for any
matter the higher authority gives support to
the constitutional body. This process has
been known as the “Supreme Court
advisory jurisdiction”.

STRUCTURE OF
THE JUDICIARY
India has a single integrated judicial system. The
judiciary in India has a pyramidal structure with
the Supreme Court (SC) at the top. High Courts
are below the SC, and below them are the
district and subordinate courts. The lower courts
function under the direct superintendence of the
higher courts.

The diagram below gives the structure and

organisation of the judicial system in the
country.

Apart from the above structure, there are

also two branches of the legal system,
which are:
Criminal Law: These deal with the
committing of a crime by any citizen/entity.
A criminal case starts when the local police
file a crime report. The court finally decides
on the matter.
Civil Law: These deal with disputes over
the violation of the Fundamental Rights of a
citizen.
JUDICIAL ACTIVISM
Judicial activism” and “Public Interest
Litigation (PIL)” have gained prominence in
discussions surrounding the judiciary.
These concepts have transformed the role
of the judiciary, making it more accessible
and responsive to the needs of the people.

Origins of PIL-
Traditionally, individuals could approach
courts only if they were personally
aggrieved. However, in 1979, a shift
occurred when the Supreme Court decided
to hear a case filed on behalf of others,
focusing on matters of public interest. This
marked the emergence of PIL, allowing
public-spirited citizens and organizations to
seek judicial intervention for societal
issues.

Early PIL Cases-

Notable PIL cases, such as Hussainara
Khatoon vs. Bihar and Sunil Batra vs. Delhi
Administration, highlighted concerns like
prisoners’ rights and prison conditions.
These cases illustrated how PILs expanded
the notion of rights beyond personal
grievances to encompass broader societal
interests.

Impact of PIL-
PILs enabled the judiciary to consider cases
based on newspaper reports and
complaints, leading to the popularization of
the term “judicial activism.” By addressing
issues like clean air, unpolluted water, and
decent living conditions, the judiciary
demonstrated its commitment to
safeguarding collective rights.

Access to Justice for All-

Through PILs, the judiciary has
demonstrated a willingness to consider the
rights of marginalized sections who may
struggle to approach the courts
independently. Public-spirited citizens,
social organizations, and lawyers can now
file petitions on behalf of the needy and
deprived, ensuring broader access to justice

Impacts of Judicial Activism-

1. Democratizing the Judicial
System: Judicial activism has
democratized the judicial system by
granting not only individuals but also
 groups access to the courts. This
inclusive approach enhances
transparency and accountability within
the judiciary.

2. Executive Accountability: By
actively engaging with issues of public
interest, the judiciary has compelled the
executive to be more accountable.
Decisions made by the courts have
prompted greater transparency in
governance, particularly in areas such
as electoral reforms and asset
disclosure by candidates.
JUDICIARY
&RIGHTS
The constitution provides two ways in
which the supreme court can remedy the
violation of right.
 Firstly, it can restore fundamental
rights by issuing writs of habeas corpus,
mandamus, etc (article 32). The high
courts also have the power to issue such
writs.
 Secondly, Judicial Review implies the
force of the Supreme Court (or High
Courts) to look at the lawfulness of any
law assuming the Court comes to the
end result that the law is conflicting
with the arrangements of the
Constitution, such a law is pronounced
 as unlawful and unimportant (article
13).

Together, the writ powers and review

powers make the judiciary very
powerful.

JUDICIARY &
PARLIAMENT
The relationship between the judiciary and
Parliament in India is intricate, marked by
moments of collaboration and tension. As
two pillars of democracy, they play distinct
yet interconnected roles in upholding the
Constitution and ensuring the rule of law.
Let’s delve into this dynamic relationship.
1. The Supreme Court has not only been
active in protecting rights but also in
preventing any actions that could
undermine the Constitution, especially in
politics. It expanded its oversight to areas
previously considered outside judicial
review, like the powers of the President and
Governors.

2.There are many instances where the

Supreme Court has intervened to direct
executive agencies, such as instructing the
CBI to investigate cases like the hawala
scandal and illegal petrol pump allotments.
These actions often stem from judicial
activism.

3.In India’s Constitution, there’s a careful

balance of power among the different
branches of government. The Parliament
makes laws, the executive implements
them, and the judiciary settles disputes and
ensures laws align with the Constitution.
Despite this division, conflicts between the
Parliament and judiciary, and executive and
judiciary, have been common.
4.In 1973, the Kesavananda Bharati case
established the doctrine of basic structure,
stating that no one, not even the Parliament
through amendments, can violate this basic
structure. This ruling reshaped conflicts
between the Parliament and judiciary.

5.Some unresolved issues include whether

the judiciary can regulate the legislature’s
functioning and if legislators can seek court
protection against disciplinary actions.
These conflicts highlight the importance of
each branch respecting the authority of
others in a democracy.

CONCLUSION
Through this project, I have learnt that the
Indian Judiciary is one of the most powerful
organs of the government and its
importance to remain independent. The
 supreme court of India has various
functions and responsibilities and it abides
by the Indian constitution. The Judiciary
also protects the basic fundamental rights
of every individual and it exercises powers
through judicial review and writ rights.
Moreover, the parliament and the judiciary
may have many differences throughout the
years but both the institutions respect the
limitations provided by the Indian
constitution.

BIBLIOGRAPHY
For the successful completion of my project
I have used various sites and sources which
are mentioned below:
Class 11 NCERT- How the Constitution
works?
Official website of The Supreme court of
India: www.sci.gov.in
Google scholar: scholar.google.co.in
BYJU’s: www.byju’s.com
Unacademy: www.unacdemy.com
Vedantu: www.vedatu.com