Judiciary

About this unit

This unit introduces the judiciary as the branch of government that interprets law and settles disputes. It explains how courts in India are arranged in a single integrated hierarchy, how judges are appointed and removed, why judicial independence is protected by the Constitution, and how courts use judicial review to keep the legislature and executive within constitutional limits. These ideas form the base for every later unit in Legal Studies.

Key ideas

• India has a single, integrated judiciary: the Supreme Court at the top, High Courts in the states, and subordinate courts below them.
• Courts are divided into civil and criminal sides, each with its own ladder of courts.
• Law officers such as the Attorney General, Solicitor General, Advocate General and public prosecutors assist the courts and the government.
• Independence of the judiciary is secured by security of tenure, fixed salaries and a difficult removal process.
• Judges of the higher judiciary are appointed through the collegium system.
• Judicial review allows courts to strike down laws and actions that violate the Constitution; the basic structure doctrine limits even constitutional amendments.

How to prepare

Memorise the key Articles (124, 214, 32, 226, 13, 141) and the retirement ages of judges. Learn the landmark cases on appointments and judicial review in order. Expect situation-based questions asking which court has jurisdiction or whether a law can be challenged.