Jul 13, 2025
20
mins read
The Indian judiciary is an independent branch of government responsible for interpreting laws, settling disputes, and delivering justice. As the “watchdog of democracy” and “guardian of the Constitution,” it ensures the rule of law and protects citizens’ rights. The judicial system of India is impartial and free from interference by the executive or legislature. The Constitution guarantees its independence through secure tenure, protected salaries, and strict removal procedures. A unique aspect of the structure of the Indian judicial system is its single, integrated hierarchy-unlike the U.S.-where decisions by higher courts bind lower ones. This promotes consistency and accessibility. Overall, the functions of judiciary play a vital role in maintaining the integrity of the Indian legal system and democratic governance.
Independent Indian Judiciary
It means that the other branches of the government, namely, the executive and the legislature, do not interfere with the judiciary’s functioning.
The judiciary’s decision is respected and not interfered with by the other organs.
It also means that judges can perform their duties without fear or favour.
Independence of the judiciary also does not mean that the judiciary functions arbitrarily and without any accountability. It is accountable to the Constitution of the country.
Supreme Court of India (Apex Court):
Location & Composition: Based in New Delhi, headed by the Chief Justice of India (CJI) and up to 33 other judges.
Jurisdiction: Original (inter-state disputes, Presidential references); Appellate (appeals from High Courts); Advisory (legal questions referred by the President).
Powers: Acts as the final court of appeal. It can transfer cases or judges between states if needed. Crucially, it exercises judicial review: it can invalidate any central or state law or executive action that violates the Constitution. This power makes the Supreme Court the guardian of constitutional rights.
High Courts (State Apex Courts):
There are 25 High Courts (some serve multiple states/UTs). Each High Court has a Chief Justice and other judges appointed by the President. Judges serve until age 62.
Jurisdiction: High Courts have original jurisdiction in certain matters (e.g., enforcing fundamental rights via writs; civil cases like wills and divorces in some older courts). More importantly, they hear appeals from lower courts in both civil and criminal cases.
Administrative Role: High Courts supervise all subordinate courts in their state (issuance of rules, transfers of cases, contempt power). They are courts of record (their judgments create binding precedents).
Judicial Review: Like the Supreme Court, every High Court can strike down laws/ordinances in its state if they violate the Constitution.
District and Sessions Courts:
Each state is divided into districts. The District Court (or District & Sessions Court) at each district is headed by a District Judge. It is the principal court of original jurisdiction for serious civil and criminal cases. In its Sessions jurisdiction, a Sessions Court tries serious offenses under the Criminal Procedure Code (e.g. murder).
Civil Judge Courts: Below the District Court are civil courts (e.g., Civil Judge – Senior and Junior Divisions) handling civil disputes of varying value.
Magistrates: For criminal matters, Judicial Magistrates (First and Second Class) handle minor offenses and preliminary inquiries. The District & Sessions Court hears appeals from Magistrate courts and cases reserved for higher sentences.
Subordinate Courts:
At the lowest level are various subordinate courts, such as Munsiff Courts (civil), Senior/Junior Magistrate Courts (criminal), and Special Tribunals. These courts deal with minor civil disputes (e.g. small property claims) and petty criminal cases. They function under the supervision of the District Court.
This hierarchical arrangement ensures access: every citizen can approach a court at the local level, and decisions can be appealed up to the Supreme Court, ensuring consistency across India.
Table of content
The Constitution of India establishes and empowers the judiciary:
Supreme Court: Article 124 constituting the Supreme Court. Its jurisdictions are defined in Articles 131, 133, 136 (original and appellate powers) and 143 (advisory power).
High Courts: Articles 214–231 cover establishment, composition, and jurisdiction of High Courts.
Fundamental Rights Enforcement: Article 32 gives every person the right to move the Supreme Court for enforcement of fundamental rights by appropriate orders (writs). Similarly, Article 226 grants High Courts writ power. This makes courts a key protector of rights.
Independence Provisions: Salaries of Supreme Court and High Court judges are charged on the Consolidated Funds (central or state), meaning they cannot be reduced to their disadvantage. Judges have security of tenure until the retirement age (65 for SC, 62 for HC) and can only be removed by a rigorous impeachment process. These and other checks (like no legislative curtailment of jurisdiction) ensure judicial independence.
Importantly, judicial review is implicit in the Constitution. Specific articles (13, 32, 131–136, 143, 226, 227) grant courts the power to invalidate inconsistent laws and government actions. The Supreme Court in Kesavananda Bharati v. Kerala (1973) confirmed that judicial review is part of the “basic structure” of the Constitution, meaning Parliament cannot abolish it. In practice, India follows the British “procedure established by law” model, reviewing only the substance of laws (not their wisdom). Yet, the courts have expanded review through doctrines like basic structure, ensuring that any legislative or executive act infringing on fundamental rights or core constitutional principles can be struck down.
Refer to one of the most important blog for UPSC Polity : 40 Landmark Judgements of the Supreme Court
The judiciary performs several vital functions as part of administering justice:
Administration of Justice: Courts hear disputes by determining facts (through evidence and witnesses) and applying the law to those facts. If a person is found guilty of a crime, the court imposes penalties; if civil liability is established, courts award remedies. This is the core function of resolving conflicts and upholding the law.
Judge-Made Law (Precedent): When gaps or ambiguities exist in legislation, judges interpret laws and sometimes “make” new law through their judgments. Over time, India has built a vast body of case law. Under the doctrine of stare decisis, decisions by higher courts bind lower courts.
Guardian of the Constitution: The Supreme Court (and High Courts) safeguard the Constitution. They resolve disputes between the Centre and states or between states, and between branches of government. Any law or executive order violating the Constitution is declared null and void – this power is known as judicial review. Through review, courts guarantee citizens’ rights and maintain the federal balance.
Protector of Fundamental Rights: Courts ensure that state action does not trample individual freedoms. Under Articles 32 and 226, superior courts issue writs (habeas corpus, mandamus, prohibition, quo warranto, and certiorari) to enforce rights. For example, if unlawful detention violates Article 21 (life and liberty), courts can order immediate release. This makes the judiciary a bulwark of liberties.
Supervisory Functions: High Courts and the Supreme Court supervise subordinate courts to ensure fair trials. They can transfer or withdraw cases, inspect court processes, and punish for contempt of court. This oversight keeps the lower judiciary in check.
Advisory Role: The Supreme Court may advise the President on constitutional questions (Article 143) when requested. This helps preempt legal issues in governance.
Administrative Tasks: Courts also handle various non-judicial tasks: registering documents (marriages, wills), appointing trustees or guardians, and licensing (e.g. trade unions).
Special Federal Role: In India’s federation, the judiciary resolves centre-state disputes, ensuring that federal principles are upheld. It also arbitrates interstate water disputes, boundary issues, etc.
Judicial Inquiries: Senior judges often chair inquiries or commissions into public issues, extending judicial expertise beyond courtrooms.
To enhance access and efficiency in the judicial system of India, local dispute resolution mechanisms are vital:
Gram Nyayalayas (Village Courts), under the 2008 Act, are mobile rural courts that handle minor civil and criminal cases. Presided over by a Nyayadhikari, they use simplified procedures in local languages, easing the burden on regular courts.
Lok Adalats resolve civil and compoundable criminal cases through informal mediation led by retired judges, contributing significantly to backlog reduction in the Indian judiciary system.
Mediation and Arbitration, backed by the 2023 Mediation Act, promote out-of-court settlements in commercial and civil disputes, aligning with reforms in the structure of the Indian judicial system.
These mechanisms reflect the evolving functions of judiciary-ensuring faster, community-based justice while reducing delays in the Indian legal system.
The Indian judicial system, though foundational to democracy, grapples with multiple systemic issues:
1. Pendency of Cases
The Indian legal system faces a staggering backlog—over 83,000 cases in the Supreme Court alone. Delays of 3–5 years or more compromise the functions of the judiciary and erode public trust.
2. Judicial Vacancies
Vacant posts cripple the structure of the Indian judicial system. As of mid-2024, the Supreme Court was short by 2 judges. High Courts operated with 782 of 1,114 sanctioned judges. Over 5,000 posts lie vacant in lower courts, worsening case delays.
3. Infrastructure & Technology Deficit
Many courts lack adequate courtrooms (~4,250 shortfall), digital tools, and connectivity. Though the e-Courts project exists, uneven implementation hinders progress in the Indian judiciary system.
4. Accountability Concerns
The judicial system lacks a robust framework for addressing misconduct. The NJAC attempt failed, and impeachment is rare, highlighting a gap between independence and accountability
5. Barriers to Access
High legal fees, procedural complexity, and underutilized legal aid restrict access. Marginalized communities dominate the undertrial population (76% in 2022), spotlighting inequity within the judiciary.
6. Executive Interference
Controversial judicial transfers, like that of Justice Muralidhar, raise concerns about autonomy. Maintaining separation of powers remains vital for the functions of the judiciary.
7. Lack of Representation
Only 9% of Supreme Court judges are women; SC/ST/OBC communities remain underrepresented, affecting public perception and inclusivity within the Indian judicial system.
8. Judicial Overreach/Activism
The judiciary’s activist role through PILs is powerful but occasionally criticized for overstepping into policymaking, risking imbalance in governance.
9. Weak Enforcement
Court rulings-like those on Yamuna River pollution-often go unenforced, reducing the practical impact of judgments.
Kesavananda Bharati Case (1973) – Introduced the Basic Structure Doctrine, ensuring that the judicial system of India protects the Constitution’s core features.
Maneka Gandhi Case (1978) – Expanded Article 21, reinforcing that the Indian legal system must uphold life and liberty through just and fair procedures.
Vishaka Case (1997) – Issued the Vishaka Guidelines, reflecting the functions of judiciary in protecting rights and addressing workplace harassment.
Indira Sawhney Case (1992) – Upheld reservation in jobs, balancing affirmative action with equality-a vital aspect of the structure of the Indian judicial system.
The judicial system of India ensures checks and balances among the executive, legislature, and judiciary. It upholds constitutional supremacy by reviewing laws and executive actions, a key function of judiciary that prevents overreach.
Judicial-Executive Relations
The Indian judiciary system ensures that executive actions align with the law, while the executive enforces court rulings. Occasional tensions—like when rulings conflict with policies—highlight the structure of the Indian judicial system in preserving democratic balance.
Judicial-Legislature Relations
The Indian judiciary interprets laws passed by Parliament, ensuring they conform to the Constitution. This function safeguards citizens’ rights and curbs legislative misuse, reinforcing the role of the Indian legal system in protecting democracy.
Overall, the judicial system functions as a guardian of constitutional integrity, maintaining legal order and democratic accountability in India.
Several reforms and initiatives are underway or proposed to address the challenges:
1. Infrastructure & e-Courts:
The e-Courts Mission Mode Project is digitizing the Indian judiciary system, enabling e-filing, video conferencing, and e-Sewa centers. However, uniform rural adoption and AI-powered case management are still evolving. The Centrally Sponsored Scheme has invested ₹9,755 crore in court infrastructure, though more resources are needed.
2. Case Management & Digital Filing:
Initiatives like the Supreme Court’s FASTER system aim to expedite order transmission. AI for case prioritization and broader digital filing reforms are being explored to enhance the functions of the Indian judiciary.
3. Alternative Dispute Resolution (ADR):
The Mediation Act, 2023 and the Commercial Courts Act promote mediation. Lok Adalats resolved over 7.5 crore cases (2021–23). Tele-Law has reached 34.3 lakh litigants, improving access in the Indian legal system.
4. Appointments & Diversity:
Calls for transparency in the Collegium system continue. Suggestions include a judicial appointments commission and raising retirement age. Increasing women and minority representation is vital for a balanced structure of the Indian judicial system.
5. Specialized Courts & Tribunals:
The judiciary now includes forums like NCLTs and POCSO courts. Proposals exist for environmental and cybercrime courts to strengthen domain expertise in the judicial system.
6. Legal Aid & Access:
NALSA offers legal aid, but coverage remains low. Expanding mobile clinics, Tele-Law, and pro bono panels can ensure broader justice delivery under the Indian judiciary system.
7. Accountability & Training:
Performance metrics, based on the Bangalore Principles, are proposed to enhance public trust. Innovations like “compassion training” for judges promote humane delivery of justice.
8. Legislative and Policy Reforms: To reduce pendency, several laws have been amended, including:
Fast Track and Special Courts: The government, under the Fourteenth Finance Commission, established Fast Track Courts for heinous crimes and cases involving vulnerable groups like senior citizens, women, and children.
As of 2023, 843 Fast Track Courts are operational.
1023 Fast Track Special Courts (FTSCs) for rape and POCSO Act cases have been approved, with 28 States/UTs joining the scheme.
Commercial Courts (Amendment) Act, 2018
Arbitration and Conciliation (Amendment) Act, 2019
Together, these reforms aim to modernize the judicial system of India, ensuring it remains efficient, accessible, and just.
Q. What is the structure of the Indian judicial system?
A single, integrated system with three tiers: Supreme Court, High Courts, and Subordinate Courts.
Q. What ensures the independence of the Indian judiciary?
Security of tenure, fixed salaries, removal via impeachment, and constitutional protection under Articles 124–147.
Q. What is the Basic Structure Doctrine?
Introduced in Kesavananda Bharati case (1973), it prevents Parliament from altering the core principles of the Constitution.
Q. How does judicial review work in India?
Courts can invalidate laws or executive actions violating the Constitution under Articles 13, 32, 226, etc.
Q. What reforms are being made in the Indian judiciary?
Key reforms include e-Courts, FASTER system, ADR promotion, Fast Track Courts, Tele-Law access, and judicial diversity improvements.
Q. What is the highest court in India?
The Supreme Court is the highest court in India, overseeing all other courts.
India’s judiciary is the backbone of democracy and the judicial system of India ensures justice through a unified, hierarchical structure-from village courts to the Supreme Court. Its core functions of judiciary include dispute resolution, judicial review, and safeguarding constitutional rights. Yet, the Indian judiciary system must tackle major challenges: backlog, vacancies, infrastructure gaps, and limited access. Recent reforms like e-Courts, ADR, and legal aid highlight progress. For sustained impact, the structure of the Indian judicial system must embrace technology, inclusivity, and transparency, ensuring the Indian legal system remains just, accessible, and efficient in a dynamic society.
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