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Integrated Judiciary in India: Structure & Independence

Introduction

Unlike the American Constitution (which has a clear separation between Federal and State courts), the Indian Constitution has established an Integrated Judicial System with the Supreme Court at the top and High Courts below it. This single system of courts enforces both Central laws and State laws.

1. Hierarchy of Courts

1. Supreme Court: The highest court of appeal. Guardian of the Constitution.
2. High Courts: Head of judicial administration in the state.
3. Subordinate Courts: District courts, Sessions courts, etc.

2. Independence of Judiciary

To ensure impartiality, the Constitution provides safeguards:

• Security of Tenure: Judges can be removed only by impeachment (very difficult process).
• Fixed Service Conditions: Salaries charged on Consolidated Fund of India.
• Separation from Executive: Article 50.

3. Appointment Controversy (NJAC vs Collegium)

Currently, judges appoint judges (Collegium System). The government tried to bring NJAC (National Judicial Appointments Commission) to have a say, but the SC struck it down in 2015 as unconstitutional, citing it violated judicial independence.

Conclusion

An independent judiciary is the bulwark of democracy and the guardian of the rights of citizens.