The judiciary, the third arm of a democratic system, plays a vital role in interpreting and applying Indian law while adjudicating disputes between the nation and its citizens. It stands as a powerful check on the legislative and executive branches, acting as a safeguard to ensure the rule of law. Most importantly, the judiciary is responsible for upholding and enforcing the fundamental rights granted to every citizen by the Constitution of India.
The Supreme Court of India
The Supreme Court of India was established on January 26, 1950, the same day the Constitution came into force. Originally, the Court began functioning with a Chief Justice and six other justices, totaling seven. Over the years, the Supreme Court's authority has increased. Currently, the Court comprises 26 justices, including the Chief Justice of India and 25 other judges.
The Supreme Court is constituted under Article 124 of the Constitution of India. It serves as the highest judicial authority in the country and functions as the guardian of the Constitution, entrusted with the task of interpreting it and delivering judgments that influence every aspect of Indian life and governance.
Qualifications and Tenure of Supreme Court Judges
To be appointed as a judge of the Supreme Court, a person must:
- Be a citizen of India.
- Have served as a judge of a High Court for at least five years, or
- Have practiced as an advocate in a High Court for ten years or more, or
- Be considered a distinguished jurist in the opinion of the President.
Judges of the Supreme Court retire at the age of 65. They can choose to resign by submitting a letter of resignation to the President of India.
Procedure for Removal of Judges
A Supreme Court judge can be removed from office for proven misbehavior or incapacity. The process requires the support of a majority in each House of Parliament, with at least two-thirds of the members present and voting in favor of removal. Once both Houses pass the motion in the same session, the recommendation is submitted to the President, who then takes the necessary action.
Powers of the Supreme Court
The Supreme Court has been granted wide-ranging powers under various articles of the Constitution:
- Article 32 empowers the Court to issue writs for the enforcement of fundamental rights. This provision is so vital that it has been referred to as the "heart and soul" of the Constitution by Dr. B.R. Ambedkar.
- Article 71 authorizes the Court to resolve disputes related to the election of the President of India.
- Under Article 132(1), the Court can hear appeals in civil, criminal, or constitutional matters if the High Court certifies that the case involves a substantial question of law regarding the interpretation of the Constitution.
- Additionally, the Supreme Court has the discretionary power to grant special leave to appeal against any judgment or order passed by any court or tribunal in the country.
The Role of the Attorney General
The Attorney General of India is the chief legal advisor to the Government of India and is appointed by the President. To be eligible for the role, one must:
- Be a citizen of India.
- Have served as a High Court judge for at least five years, or
- Have practiced in a High Court for at least ten years, or
- Be considered an eminent jurist by the President.
Although not a member of Parliament, the Attorney General has the right to participate in parliamentary proceedings and answer questions raised by members.
Functions of the Attorney General
The primary duties of the Attorney General include:
- Providing legal advice to the Government of India.
- Representing the government in cases before the Supreme Court.
- Assisting the President with legal counsel, especially on constitutional matters.
- Participating in parliamentary debates related to legal issues.
- Acting as the chief legal representative of the Central Government.
The Attorney General is often referred to as the Chief Legal Advisor of India, playing a key role in shaping national legal policy and defending the government's position in court.
High Courts in India
Each state in India has its own High Court, which is the highest judicial authority at the state level. The administration of justice within a state falls under the jurisdiction of its respective High Court. These courts are crucial in the interpretation of law, protection of fundamental rights, and appellate jurisdiction over lower courts in the state.
The High Court of Karnataka, located in Bangalore, is a prominent example of a state high court performing these functions.
Eligibility and Tenure of High Court Judges
To be appointed as a judge of a High Court, a person must:
- Be a citizen of India.
- Have practiced as an advocate in one or more High Courts for at least ten years.
- Alternatively, they may have held a judicial office in India for a minimum period.
High Court judges retire at the age of 62. Like Supreme Court judges, they can resign by submitting a letter to the President at any time before retirement.
Conclusion
India's judicial system, led by the Supreme Court and supported by High Courts and other subordinate courts, is designed to uphold the Constitution, enforce laws, and protect the rights of its citizens. The system operates independently, free from the control of the executive and legislature, ensuring a balanced and democratic structure.
From the establishment of the Supreme Court in 1950 to the crucial roles played by judges, the Attorney General, and the High Courts, the Indian judiciary serves as the bedrock of constitutional governance. It not only interprets laws but also ensures that justice prevails in the land.