The Polity Window

JUDICIARY SYSTEM IN INDIA 

What is Judiciary?

In every democratic country, the government performs three main functions — making laws, executing laws, and interpreting laws. These three functions are carried out by three main organs of the government: the Legislature, the Executive, and the Judiciary. Among these, the Judiciary is the third organ of the government. It plays a very important role in a democratic country like India. Its main function is to interpret laws, settle disputes, and deliver justice to all citizens.📚 

The Judiciary explains and interprets the laws made by the Legislature and enforced / implemented by the Executive. It ensures that these laws are applied fairly and according to the Constitution.

The Judiciary is known as the guardian of the Constitution and Fundamental Rights. It protects the basic rights of individuals and helps in maintaining democracy in the country.

In simple words :- the Judiciary is the system of courts that interprets, defends, and applies the law in the name of the State.

---

Structure and Classification of Different Courts in India :-

The Constitution of India provides a single integrated judicial system. This means that India does not have separate judicial systems for the Centre and the States. Instead, there is one unified judiciary for the entire country.

The Indian Judiciary follows a pyramidal structure. At the top of this structure is the Supreme Court, which is the highest court of the country. Below the Supreme Court are the High Courts, which function as the highest judicial authority at the state level. Below the High Courts are the Subordinate Courts, which work at the district and local levels.

This pyramidal arrangement ensures uniformity in the administration of justice throughout the country. It also helps in maintaining consistency in the interpretation and application of laws.

India, being a democratic country, has a strong, independent, and powerful judicial system. The Judiciary acts as:

• The interpreter of the Constitution.
• The guardian and protector of Fundamental Rights.
• A key institution for safeguarding freedom and democracy.

----

SALIENT FEATURES OF INDIAN JUDICIARY

1. Single and Integrated Judicial System:-

The Constitution of India provides a single and integrated judicial system for the whole country.

Unlike the USA, which has separate federal and state judiciaries, India has one judiciary for the entire country.

• The Supreme Court is at the top.
• High Courts function at the state level.
• Subordinate Courts work at the district and local levels.

All courts are linked together and form one unified system. The Supreme Court is the highest court of the country and supervises the judicial administration of India. All courts are subject to its authority.

---

2. Independence of Judiciary :-

The Constitution of India ensures the independence of the Judiciary. The Judiciary works without the control or interference of the Legislature and the Executive. This independence allows judges to perform their duties freely, fairly, and impartially.

It provides all the features that are essential to make the Judiciary independent, these include:

1. Appointment of judges by the President (through established procedures)
2. High qualifications and experience required for judges
3. A difficult process for the removal of judges (impeachment)
4. High salaries, pensions, and other service benefits.
5. Security of tenure.

An independent Judiciary is essential for protecting democracy and ensuring justice.

---

3. Judiciary as the Final Interpreter of the Constitution:-

The Constitution of India is a written and enacted Constitution. the power to interpret and apply the Constitution is vested in the Supreme Court.

Interpretations given by the Supreme Court are final and binding.

It decides disputes related to constitutional provisions. And No authority can overrule the constitutional interpretation of the Supreme Court.

---

4. Guardian of Fundamental Rights:-

The Judiciary in India acts as the guardian of Fundamental Rights and freedoms of the people. Which is a major part of the judiciary system.

Citizens can approach courts if their rights are violated

Article 32 allows people to move the Supreme Court

Article 226 allows people to approach High Courts

Courts can issue writs to protect Fundamental Rights

Any law violating Fundamental Rights can be declared null and void

---

5. Judicial Review :-

Judicial Review is the most important power of the Judiciary. It was first developed in the United States of America by Chief Justice John Marshall. It was clearly established for the first time in the famous case of Marbury vs. Madison (1803).

Judicial Review means the power of the Judiciary to examine the constitutionality of laws and executive orders made by both the Central and State Governments.

If, after examination, any law or executive order is found to be against the Constitution, the Judiciary can declare it illegal, unconstitutional, or void.

Thus, Judicial Review helps in protecting the supremacy of the Constitution and plays a key role in maintaining democracy and justice.

---

6. Judicial Activism :-

In recent times, the Indian judicial system has become more active and proactive. This active role of the Judiciary is known as Judicial Activism.

Judicial Activism refers to the active role played by the Judiciary in protecting citizens’ rights and ensuring justice. Judiciary becomes proactive when other organs fail.

It forces the Legislature and Executive to perform their constitutional duties. It promotes justice, accountability, and good governance.

---

7. Public Interest Litigation (PIL) :-

Public Interest Litigation (PIL) is a legal system that allows courts to protect the rights and interests of the public. It was first developed in the 1960s in the USA and was later adopted in India.

In simple words, PIL means litigation filed for the welfare of the public, especially for poor, weak, or disadvantaged sections of society. 

pIL is the right for the people and any social organisation. By it, any person, group of people, or social organisation can move the Supreme court under Article 32 and high court under Article 226 of the indian constitution. to seek justice on matters of public interest.

Justice P. N. Bhagwati is known as the Father of Public Interest Litigation in India because of his important role in developing this system.

Overall, Public Interest Litigation helps the judiciary protect public interest and strengthen democracy.

---

8. Special Court System:-

The Special Courts System was established in India in 1979. These courts were created to deal with specific types of cases and have a limited scope of jurisdiction.

Special Courts handle cases related to particular areas of law or specific offences. They are set up to ensure speedy and effective justice in important or sensitive matters.

A Special Court is usually presided over by a sitting judge of a High Court or a District Court, depending on the nature of the case and local requirements. Once a Special Court is set up, it has the authority to hear only those cases for which it is established.

Thus, Special Courts play an important role in reducing delays and handling specialised cases efficiently.

---

9. Open Trial System :-

The Courts in India are free and independent. The Judiciary works openly, which means court proceedings are generally open to the public.

Open trials ensure that justice is done openly and fairly. They help protect the Fundamental Rights of citizens, especially the right to a fair trial. In an open trial, the accused is always given a full and fair opportunity to defend himself.

Thus, the system of open trials promotes transparency, fairness, and public trust in the judicial system.

---

10. Fast Track Courts :-

Fast Track Courts were established in India on the recommendation of the 11th Finance Commission. In April 2000, the Union Government decided to set up Fast Track Courts across the country.

These courts were mainly established at the district level. By August 2002, nearly 1,250 Fast Track Courts had been created, and they began conducting speedy trials. Each Fast Track Court was expected to dispose of about 14 sessions trial cases every month.

Fast Track Courts follow a special system for appointing judges. Ad-hoc judges are appointed from among:

• Retired Sessions Judges 
• Additional Sessions Judges
• Members of the Bar
• Judicial officers promoted on an ad-hoc basis

The tenure of such judges is generally two years, and their selection is made by the concerned High Court.

The main aim of Fast Track Courts is to reduce delays in justice and to lower the huge expenditure spent on maintaining under-trial prisoners in jails. These courts are designed to provide speedy justice to the people.

---

11. National Judicial Appointments Commission (NJAC) :-

The National Judicial Appointments Commission (NJAC) was established through an Act passed by Parliament on 31 December 2014. The purpose of this Act was to reform the process of appointing judges to the Supreme Court and High Courts.

The NJAC Act came into force on 13 April 2015. After the enactment of this law, Article 124A was added to the Constitution, which gave constitutional status to the NJAC.

Composition of NJAC :-

The NJAC consisted of six members:

1. The Chief Justice of India (Chairperson, ex-officio)
2. Two senior-most judges of the Supreme Court
3.  The Union Minister of Law and Justice
4. Two eminent persons

The two eminent persons were to be nominated by a committee consisting of the Chief Justice of India, the Prime Minister of India, and the Leader of Opposition in the Lok Sabha (or the leader of the largest opposition party). Out of these two eminent persons, one had to belong to Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, or be a woman.

The tenure of the eminent persons was three years, and they were not eligible for re-nomination.

Functions of NJAC :

The NJAC recommended names for appointment as:

• Chief Justice of India
• Judges of the Supreme Court
• Chief Justices and Judges of the High Courts

Appointments were formally made by the President of India. 

For the appointment of the Chief Justice of India, the NJAC recommended the name of the senior-most judge of the Supreme Court, provided he or she was considered fit to hold office.

While recommending other judges, the NJAC considered factors such as ability, merit, and other criteria specified in the regulations.

NJAC Judgement (2015):

In 2015, the Supreme Court declared both the 99th Constitutional Amendment Act and the NJAC Act unconstitutional and void. As a result, the Collegium System for judicial appointments became operative again.

The Court held that the NJAC system could adversely affect the independence of the judiciary, which is a basic feature of the Constitution.

---

Conclusion

The Indian Judiciary plays a crucial role in protecting the Constitution, Fundamental Rights, and democracy. Through its independence, judicial review, and public interest mechanisms, it ensures justice, equality, and fairness for all. As the guardian of the rule of law, the Judiciary continues to strengthen democracy and maintain public trust in the legal system.

👉 After this, you can read our complete guide on the Supreme Court of India – Composition, Powers and Jurisdiction. Here!👇🔗[https://www.thepolitywindow.com/2025/12/supreme-court-of-india-composition.html]

👉 After reading the concept, attempt 20 MCQs Quiz on The indian Judiciary & check how well you understood the topic.👇🔗  [https://www.thepolitywindow.com/2026/01/judiciary-system-in-india-supreme-court_7.html]

---

📌 Frequently Asked Questions (FAQs) on Indian Judiciary ❓

Q.1- What is the Judiciary?

Ans- The Judiciary is the system of courts in India that interprets laws, settles disputes, and delivers justice. It works to protect the Constitution and the rights of citizens.

Q.2- What is meant by a single integrated judicial system in India?

Ans- India has one unified judicial system for the whole country, headed by the Supreme Court of India, followed by High Courts and Subordinate Courts.

Q.3 - What is the structure of the Indian Judiciary?

Ans- The Indian Judiciary follows a pyramidal structure with the Supreme Court at the top, High Courts at the state level, and Subordinate Courts at district and local levels.

Q.4 - What does independence of the Judiciary mean?

Ans- It means the Judiciary works without interference from the Legislature or Executive, allowing judges to decide cases freely and impartially.

👉 Judiciary system in india Quiz Test (20 MCQs)

Thank you..