The Supreme Court of India, enshrined in Articles 124-147 of the Constitution, is the apex judicial body ensuring justice, equality, and constitutional adherence. It interprets laws, upholds rights, and shapes legal precedents.
- Apex judicial body in India
- Ensures justice, equality, and constitutional adherence
- Interprets laws and upholds fundamental rights
- Established under Articles 124-147 of the Constitution.
History
Tracing its lineage to ancient legal systems like the Dharmashastra and Manusmriti, India’s Judiciary matured with the birth of the Supreme Court in 1950. Guided by the visionary leadership of Dr. B.R. Ambedkar, the architect of our Constitution, its foundations were laid to uphold justice and safeguard the rights of every citizen.
Function
Operating within the constitutional framework, distinct from the legislative and executive branches, the Union Judiciary stands as the arbiter of legal disputes and custodian of constitutional values. Structured hierarchically, with the Supreme Court at its apex, followed by High Courts and subordinate courts, it ensures the fair and impartial dispensation of justice across the land.
Pillars of Integrity: Key Aspects
- Independence: Embodied with the spirit of impartiality, the Judiciary operates independently, shielded from external influences, to deliver justice without fear or favor.
- Judicial Review: Endowed with the power of judicial review, the Judiciary acts as a sentinel, scrutinizing the constitutionality of laws and executive actions, thereby upholding the sanctity of the Constitution.
- Adversarial System: Rooted in the adversarial system, the Judiciary provides a neutral platform where conflicting parties present their cases before an impartial adjudicator, ensuring justice based on merit and evidence.
Vital constitutional articles underpin the Union Judiciary’s mandate:
- Article 124: Establishes and outlines the Constitution of the Supreme Court, the apex judicial body.
- Article 141: Empowers the Supreme Court to declare law binding on all courts, ensuring uniformity in legal interpretation.
- Article 142: Facilitates the enforcement of Supreme Court decrees and orders, ensuring their efficacy and implementation.
| Role and Responsibilities | Explanation | Relevant Articles |
|---|---|---|
| 1. Interpreting the Constitution | The Supreme Court interprets and resolves disputes regarding the constitution, ensuring the constitutionality of laws and actions. | Article 141: Law declared by Supreme Court to be binding on all courts. Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. |
| 2. Guardian of Fundamental Rights | The Supreme Court protects fundamental rights from infringement by the state or private entities. | Article 32: Right to Constitutional Remedies. Article 226: Power of High Courts to issue certain writs. |
| 3. Judicial Review | The Supreme Court reviews the constitutionality of laws, executive orders, and governmental actions, ensuring compliance with constitutional principles. | Article 13: Laws inconsistent with or in derogation of the fundamental rights. Article 32: Right to Constitutional Remedies. |
| 4. Settling Disputes | The Supreme Court resolves legal disputes, setting legal precedents for future cases. | Article 32: Right to Constitutional Remedies. Article 141: Law declared by Supreme Court to be binding on all courts. |
| 5. Ensuring Justice | The Supreme Court ensures justice and equity by hearing appeals and ensuring fair legal proceedings. | Article 32: Right to Constitutional Remedies. Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. |
| 6. Preserving the Rule of Law | The Supreme Court upholds the supremacy of the constitution and safeguards principles of justice and equality. | Article 141: Law declared by Supreme Court to be binding on all courts. Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. |
| 7. Protecting Public Interest | The Supreme Court intervenes in cases of public interest to uphold democratic values and principles. | Article 32: Right to Constitutional Remedies. Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. |
| 8. Contempt of Court | The Supreme Court punishes contempt of court, maintaining the authority and dignity of the judiciary. | Article 129: Supreme Court to be a court of record. Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. |
Evolution and Milestones: Current Changes and Landmark Cases
Recent years have witnessed transformative changes and landmark cases that have left an indelible mark on India’s legal landscape:
- Kesavananda Bharati v. State of Kerala (1973): Laid the cornerstone of the doctrine of basic structure, safeguarding fundamental features of the Constitution from parliamentary amendments.
- Shah Bano Case (1985): Sparked crucial debates on gender justice and maintenance rights, catalyzing legislative reforms.
- Navtej Singh Johar v. Union of India (2018): Marked a watershed moment in LGBTQ+ rights, as the Supreme Court decriminalized consensual same-sex relations, ushering in a new era of inclusivity.
- Aadhaar Judgment (2018): Balancing privacy concerns with governance needs, the Supreme Court upheld the validity of the Aadhaar scheme while imposing safeguards to protect citizens’ privacy rights.
In the mosaic of democracy, the Union Judiciary shines as a beacon of justice, ensuring that the rights and liberties of every citizen are safeguarded. With its unwavering commitment to constitutional values, independence, and adaptability, it remains an indispensable pillar in upholding the rule of law and fostering a just and equitable society. As we traverse the complexities of modernity, the Union Judiciary stands as a steadfast guardian, ensuring that the scales of justice remain balanced and the flame of liberty burns bright for generations to come.
Source – SUPREME COURT OF INDIA
Also read– Article123
Frequently Asked Questions (FAQ) about the Union Judiciary:
- What is the Union Judiciary?
- The Union Judiciary refers to the judicial system at the national level in a federal or centralized state. It includes the Supreme Court and other federal or national courts.
- What is the role of the Union Judiciary?
- The role of the Union Judiciary is to interpret laws, resolve disputes, ensure the constitutionality of laws and actions, protect fundamental rights, and uphold the rule of law.
- What is the structure of the Union Judiciary?
- The Union Judiciary typically consists of a hierarchical structure, with the Supreme Court at the apex, followed by High Courts at the state or regional level, and subordinate courts beneath them.
- What is judicial review?
- Judicial review is the power of the judiciary to review and invalidate laws, executive actions, or government decisions that are deemed unconstitutional or in violation of fundamental rights.
- What are some landmark cases in the Union Judiciary?
- Landmark cases in the Union Judiciary include Kesavananda Bharati v. State of Kerala (1973), which established the doctrine of basic structure, and Navtej Singh Johar v. Union of India (2018), which decriminalized consensual same-sex relations.
- How does the Union Judiciary ensure independence?
- The Union Judiciary ensures independence through various mechanisms such as security of tenure for judges, financial autonomy, and insulation from political interference.
- What are fundamental rights?
- Fundamental rights are basic rights guaranteed to citizens by the constitution, such as the right to equality, freedom of speech, and right to life and personal liberty. The Union Judiciary plays a crucial role in safeguarding these rights.
- How does the Union Judiciary contribute to social justice?
- The Union Judiciary contributes to social justice through its decisions and interpretations of laws, which aim to protect the rights of marginalized communities, ensure equality before the law, and promote inclusivity and fairness in society.
- Can the decisions of the Union Judiciary be challenged?
- While the decisions of the Union Judiciary are final in most cases, there are limited avenues for appeal or review, such as filing a review petition or seeking a presidential pardon in certain circumstances.
- How does the Union Judiciary uphold the rule of law?
- The Union Judiciary upholds the rule of law by ensuring that laws are applied consistently, transparently, and fairly, and by holding government authorities accountable for their actions in accordance with the constitution and established legal principles
MCQs related to the Union Judiciary:
What is the highest judicial body in a federal or centralized state?
a) High Court
b) District Court
c) Supreme Court
d) Constitutional Court
Which article of the Indian Constitution deals with the establishment and constitution of the Supreme Court?
a) Article 124
b) Article 141
c) Article 142
d) Article 32
What is the primary function of the Union Judiciary?
a) Enforcing laws
b) Interpreting laws
c) Making laws
d) Implementing laws
What is the power of the Union Judiciary to review and invalidate laws or government actions that are unconstitutional?
a) Executive power
b) Legislative power
c) Judicial review
d) Constitutional power
Which case established the doctrine of basic structure in India?
a) Kesavananda Bharati v. State of Kerala
b) Navtej Singh Johar v. Union of India
c) Shah Bano Case
d) Aadhaar Judgment
What term refers to the system where parties to a dispute present their cases before an impartial judge?
a) Inquisitorial system
b) Arbitration system
c) Adversarial system
d) Mediation system
Which fundamental rights are protected by the Union Judiciary?
a) Right to education
b) Right to privacy
c) Right to employment
d) Right to property
How does the Union Judiciary contribute to social justice?
a) By enforcing discriminatory laws
b) By protecting the rights of marginalized communities
c) By promoting inequality
d) By upholding authoritarianism
What principle does the Union Judiciary uphold by ensuring that laws are applied consistently and transparently?
a) Rule of law
b) Rule of majority
c) Rule of exceptions
d) Rule of force
How does the Union Judiciary ensure independence?
a) By being controlled by the executive branch
b) By having fixed terms for judges
c) By being subject to political influence
d) By having no power of judicial review
Answers:
- c) Supreme Court
- a) Article 124
- b) Interpreting laws
- c) Judicial review
- a) Kesavananda Bharati v. State of Kerala
- c) Adversarial system
- b) Right to privacy
- b) By protecting the rights of marginalized communities
- a) Rule of law
- b) By having fixed terms for judges
