18th April | Judicial System in India: Supreme Court, High Courts & Administrative Tribunals | Laex Secure

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Syllabus- Judicial System in India: Supreme Court, High Courts & Administrative Tribunals.

Number of questions- Mains: 02, Prelims – 10

Mains Questions of the day- 

Q.Why independence of Judiciary is needed?

Answer: –

Introduction: – Write on what constitutes Judicial Independence (Meaning), Constitutional provisions related to this.

Body: –

Write about the need for the independence of Judiciary and some of the problems associated to that.

Conclusion: –

  • Judicial independence ensures public confidence as an institute of the last resort where justice will be served.
  • People place high credibility and trust in the Judiciary to get justice.

Content: –

Independence of the Judiciary means the other branches of the Government (Executive and the Legislature) does not interfere in the functioning of the Judiciary.

  • The Judiciary decisions are respected and not interfered by the other organs.
  • It also means that judges can perform their duties without fear or favour.
  • Independence of the Judiciary also does not mean that the Judiciary functions arbitrarily and without any accountability. 
  • It is accountable to the Constitution.

Need for Independent Judiciary 

  • Welfare State and Protection of individual rights:
  • As the Protector of Fundamental Rights, the Judiciary ensures that people’s rights are not violated by the State or any other agency.
  • The highest court in India acts as the guardian of the Constitution. Any law or Executive order which violates the constitution is declared unconstitutional or null and void by the Judiciary. This is called ‘judicial review.’
  • Judicial review has the merit of guaranteeing the fundamental rights of individuals and ensuring a balance between the union and the units in a federal state.
  • Checks and balances in a political democracy:

A robust justice delivery system ensures better functioning of the State.

  • Accountability to the people:

To uphold the Democratic Principle, to keep the Executive and Legislature accountable to the people through Judicial Review and Judicial Activism.

  • Constitution Interpretation: 

The written Constitution is considered as the basic law of the land and requires some authority to interpret it without prejudice and self-interest.

  • Prevent Autocracy: 

Without an independent Judiciary, we will have a dictatorship, as the Executive will be able to do whatever it likes to do.

Issues associated with the Judicial Independence: –

  • Opacity in Judges appointment: Judicial appointments through Collegium system is not transparent.
  • Roaster System: The internal working process of the Courts regarding the allocation of certain cases are opaque that impact independent decision-making of the Judiciary.
  • Nepotism, Favouritism and Politically Biased: Often, some judges who have favours with senior judges of the Supreme Court or the Executive to get promoted or appointed to more favourable positions.
  • Judicial overreach: Since there is no system of checks on the Supreme Court, it can interfere with the purview of the Legislature and Executive.

Q. The efficiency of the Collegium System has been challenged time to time in terms of its independence and transparency of judicial appointments. Critically examine.

 Answer:

Introduction: – What is collegium system? Briefly discuss about the evolution of collegium system.

The Collegium system is the system of appointment and transfer of judges that has evolved through judgments (1st,2nd and 3rd Judges cases).

Body: – 

Discuss the issues regarding the functioning of the Collegium System.

Suggest some measures to overcome the prevalent issues under the Collegium System.

Conclusion: – 

  • It is important that the Judiciary, which is the main institution to promote the Civil Liberties, should be completely independent and separated from direct and indirect influence of the Executive.
  • Identifying and selecting the Judges for appointment should be done in such a way to ensure the independence of the Judicial System of India.

Content: –

Issues Associated with Collegium System: –

Lack of Transparency: 

  • The absence of selection criteria, the arbitrary reversal of decisions already taken, the selective publication of records of meetings prove the opaqueness of the collegium system.
  • No one knows how judges are selected, and the appointments may lead to self-selection and nepotism.

Lack of Consensus among Members: The collegium members often face the issue of lack of consent regarding appointment of judges exposes the fault lines within the Judiciary.

Unequal Representation: The other area of concern is the composition of the members of higher Judiciary, women underrepresenting etc.

Delay in Judicial Appointments: The process of judicial appointment is delayed due to delay in recommendations by the collegium for the higher Judiciary.

Following are some of the measures to overcome the issues associated with the Collegium System: –

Need for Independent Body for Appointment: 

  • Filling up of vacancies is a continuous and collaborative process involving the Executive and the Judiciary.
  • However, it is time to think of a permanent, independent body to institutionalize the process with adequate safeguards to preserve the Judiciary’s independence guaranteeing judicial primacy but not judicial exclusivity.

Changing the Procedure of Recommendation: 

Instead of selecting the number of judges required against a certain number of vacancies, the collegium must provide a panel of possible names to the President to appoint in order of preference and other valid criteria.

Ensuring Transparency:

  • The collegium members have to make a start to engage with each other.
  • A transparent process adds accountability that is much needed to resolve the deadlock.

Prelims Questions of the Day: –

  1. Which of the following is the authority to decide the salaries and allowances of the High Court judges?
  1. Governor of the concerned state
  2. President
  3. Parliament
  4. Supreme Court

Answer: – C

Explanation: – 

  • The salaries, allowances, privileges, leave and pension of the judges of a High Court are determined from time to time by the Parliament. 
  • But, they cannot be changed to their disadvantage after their appointment except during a financial emergency. 
  • Thus, the conditions of service of the Judges of a High Court remain the same during their term of office.

2. Which of the following with regard to the High Court judges are not charged upon the “Consolidated Fund of the State”?

  1. Salaries
  2. Pensions 
  3. Allowances
  4. Administrative expenses

Answer: -B

Explanation: – 

The salaries and allowances of the judges, the salaries, allowances and pensions of the staff as well as the administrative expenses of a High Court are charged on the Consolidated Fund of the State. 

Thus, they are non-votable by the State Legislature (though they can be discussed by it).

It should be noted here that the pension of a High Court Judges are charged on the Consolidated Fund of India and not the State. Hence statement 2 is incorrect.

3. Suppose a region in the nation is given the status of Union Territory for some abnormal reasons.

Which of the following is the authority to avail the services of a High Court for this region?

  1. Parliament
  2. Erstwhile High Court for the region
  3. President
  4. Governor of the state in which the region was previously present

Answer: – A

Explanation: – 

The Parliament can extend the Jurisdiction of a High Court to any union territory or exclude the Jurisdiction of a High Court from any Union Territory.

4.In India the Judiciary is a single integrated system. Which of the following correctly explains this?

(a) Judges are appointed so that they can work in any court of law as per their Constitution.

(b)   A Central Fund is allocated for the financial requirements of all the Judicial works in the nation.

(c)    The courts work in a hierarchical system.

(d)   Judgment given by a court of law is final and is not subjected to a change by another court.

Answer: C

Explanation: – 

In the Indian single integrated Judicial system, the High Court operates below the Supreme Court but above the Subordinate Courts. 

The Judiciary in State consists of a High Court and a hierarchy of Subordinate Courts. The High Court occupies the top position in the Judicial administration of the State.

Option A is factually incorrect because there are separate qualifications for each staff working in various courts.

Option B is factually incorrect because there is no such fund. Supreme Court expenses are charged upon the Consolidated Fund of India and the expenses of various High Courts are charged upon the concerned consolidated fund of the state.

Option D is factually incorrect because one can challenge the judgment of a lower court in the High Court for review.

5.In which of the following landmark cases did the Writ Jurisdiction of High Courts be declared as part of the Basic Structure of the Indian Constitution?

  1. L. Chandra Kumar v. Union of India (1997)
  2. Maneka Gandhi v. Union of India (1978)
  3. Shankari Prasad vs Union of India (1951)
  4. Kesavananda Bharati Vs. State of Kerala (1973)

Answer: A

Explanation: – 

  • In the L. Chandra Kumar v. Union of India (1997), it was ruled that the power of Judicial Review vested in the Supreme Court and High Courts by Articles 32 and 226 respectively is a part of the basic structure of the Constitution. That there is the supervision of the Supreme Court and High Court over these Tribunals was also part of the Basic Structure of the Constitution.
  • The ruling of the apex court in the landmark “Maneka Gandhi v. Union of India” (1978) judgment empowered the courts in subsequent years to expand the limited phraseology of the right to life under the Constitution and to include a wide range of unenumerated rights such as environmental rights, child rights, prisoners’ rights etc.
  • In the “Shankari Prasad vs Union of India” (1951), it was ruled that the power of the Parliament to amend the Constitution including the Fundamental Rights is entailed in Article 368 and is not violate of the provisions of the Constitution.
  • In the landmark “Kesavananda Bharati Vs. State of Kerala” (1973) judgment, the court with majority held that the Parliament can amend any constitutional provision unless such an amendment does not violate “Basic Structure of the constitution”.

6. Which of the following is the authority that can establish “All India Judicial Service” for recruiting officers for Subordinate Courts?

  1. Chief Justice of India
  2. Rajya Sabha
  3. President
  4. Attorney General

Answer: -B

Explanation: – 

Under the Article 312 of the Indian Constitution, Rajya Sabha can authorise the Parliament to create new All-India Services common to both the Centre and states.

The provision of an All-India Judicial Service (AIJS) on the lines of the Indian Administrative Service and the Indian Police Service was mooted soon after Independence. The provision of AIJS was included in Article 312 of the Constitution through the 42nd Amendment in 1976. But it would still require a bill to decide on its broad contours.

7.Who among the following cannot avail free legal services from the “State Legal Service Authorities”?

  1. Custodial persons
  2. Women
  3. People affected in a flood disaster
  4. Persons whose annual income does not exceed ₹3 lakh

Answer 😀

Explanation: – 

The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.

Under the leadership of the NALSA, the State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, etc. will provide free legal services to eligible people.

The persons eligible for getting free legal services include

  • Women and children
  • Members of SC/ST
  • Industrial workmen 
  • Victims of mass disaster, violence, flood, drought, earthquake industrial disaster
  • Disabled persons
  • Persons in custody 
  • Persons whose annual income does not exceed ₹1 lakh (in the Supreme Court Legal Services Committee the limit ₹1,25,000/-)
  • Victims of trafficking in human beings or begar.

8. A motion of removal of a High Court judge must be passed with

(a)   A majority of the total membership of the House and majority of not less than two-thirds of the members of that House present and voting

(b)   A majority of the total membership of the House and majority of not less than one-third of the members of that House present and voting

(c)    A majority of the present membership of the House and majority of not less than two-thirds of the members of that House present and voting

(d)   A majority of the present membership of the House and majority of not less than one-third of the members of that House present and voting

Answer: -A

Explanation: – 

A judge of a High Court can be removed from his office by an order of the President. The President can issue the removal order only after an address by the Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each House of Parliament (i.e., a majority of the total membership of that House and majority of not less than two-thirds of the members of that House present and voting).

 The grounds of removal are two–proved misbehaviour or incapacity.

9.In which of the following aspects do the “Acting judges” and “Additional judges” of a High Court resemble the same?

  1. Appointing authority
  2. Upper age limit for holding the post

Select the correct answer using the code given below?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: – C

Explanation: – The President can appoint duly qualified persons as additional judges of a High Court for a temporary period not exceeding two years when there is a temporary increase in the business of the High Court and there are arrears of work in the High Court.

 The President can also appoint a duly qualified person as an acting judge of a High Court when a judge of that High Court (other than the chief justice) is unable to perform the duties of his office due to absence or any other reason; appointed to act temporarily as chief justice of that High Court.

 An acting judge holds office until the permanent judge resumes his office. However, both the additional or acting judge cannot hold office after attaining the age of 62 years. Hence both the given statements are correct.

10. A High Court can rule upon the disputes relating to the election of members of Parliament and state legislatures Which of the following jurisdictions of the High Courts is described in the above lines?

  1. Appellate Jurisdiction
  2. Writ Jurisdiction
  3. Original jurisdiction
  4. Supervisory jurisdiction

Answer: – C

Explanation: – 

Original Jurisdiction means the power of a High Court to hear disputes in the first instance, not by way of appeal. It extends to the following

  • Matters of admiralty and contempt of court.
  • Disputes relating to the election of members of Parliament and state legislatures.
  • Regarding revenue matters or an act ordered or done in revenue collection.
  • Enforcement of fundamental rights of citizens.
  • Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution to its own file.

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