Topic 05 of 6 · Chapter 03 · Indian Polity
Independent Judiciary & Judicial Review
Separation of powers, judicial independence, judicial review, and the Supreme Court as guardian of the Constitution.
📋 In This Article
1. Judicial Independence — Why Important?
An independent judiciary is essential in a democracy to protect citizens’ rights, check the powers of the executive and legislature, and ensure the rule of law.
💡 Source: The concept of an independent judiciary was borrowed from the USA. India has a single integrated judicial system with the Supreme Court at the apex.
2. Safeguards for Judicial Independence
- Security of Tenure: Judges cannot be removed easily — only by impeachment (Article 124)
- Fixed Service Conditions: Salaries and allowances charged on Consolidated Fund of India — not subject to vote in Parliament
- No Practice After Retirement: Retired Supreme Court judges cannot practice in any court in India
- Power to Punish for Contempt: Courts can punish anyone who disrespects or disobeys court orders
- Separation from Executive: Article 50 directs the State to separate judiciary from executive
- Appointment by President: Judges appointed by President in consultation with Chief Justice (collegium system)
⭐ Collegium System: The collegium system (developed through Supreme Court judgments — Second Judges Case 1993, Third Judges Case 1998) gives the Chief Justice and senior judges the primary role in appointing judges. This ensures judicial independence from executive interference.
3. Judicial Review
Judicial Review is the power of the Supreme Court (and High Courts) to examine the constitutional validity of laws passed by Parliament and State Legislatures, and actions of the executive.
- If a law is found to be unconstitutional, the court can declare it void
- Judicial review is a basic feature of the Constitution (Kesavananda Bharati case, 1973)
- Borrowed from the USA
- Article 13 — laws inconsistent with Fundamental Rights are void
- Article 32 — Supreme Court can issue writs to enforce Fundamental Rights
- Article 226 — High Courts can also issue writs
✅ Judicial Activism: When courts go beyond interpreting laws and actively protect citizens’ rights through PIL (Public Interest Litigation), it is called judicial activism. PIL was introduced in India by Justice P.N. Bhagwati in the 1980s.
4. Supreme Court as Guardian of the Constitution
The Supreme Court is the guardian and interpreter of the Constitution. Its key roles:
- Final interpreter of the Constitution
- Guardian of Fundamental Rights
- Arbiter of disputes between Centre and States
- Court of last resort for all civil and criminal matters
- Advisory jurisdiction — President can seek its opinion (Article 143)
5. Key Points for Exam
🔑 Must-Remember Facts
- Independent judiciary borrowed from USA
- Judges’ salaries charged on Consolidated Fund of India
- Judges removed only by impeachment (Article 124)
- Retired SC judges cannot practice in any court in India
- Collegium system — Chief Justice + 4 senior judges recommend appointments
- Judicial review = power to declare laws unconstitutional
- Judicial review is a basic feature of the Constitution
- Article 13 — laws violating FR are void
- Article 32 — SC issues writs (Habeas Corpus, Mandamus, etc.)
- Article 226 — High Courts also issue writs
- PIL introduced by Justice P.N. Bhagwati in 1980s
- Article 50 — separation of judiciary from executive
- Article 143 — advisory jurisdiction of Supreme Court