Integrated Judicial System – Indian Polity Notes

Introduction:

Lord Bryce has famously said, “ There is no better test for excellence of governance than working of its judicial system”.

Members of the constituent assembly were mindful of this. Having seen, a biased, racially discriminatory judiciary during British rule, which paid little to no regard to safeguarding the rights of the Indian population. The constituent assembly had resolved to create a strong judiciary.

What is an Integrated Judiciary?

1. The integrated judicial system means, both state and union laws can be enforced (or questioned for constitutionality) in the same court system.
2. The integrated judiciary is also known as hierarchical judiciary as an appeal against lower court lies in higher courts. Higher courts exercise control over lower/subordinate courts.
3. Decisions of the Apex Court(Supreme Court) are binding on all courts. Apex court can overrule judgements/decrees passed by subordinate courts.

Indian Judicial System:

The constituent assembly envisaged a powerful and fiercely independent judiciary. The constitution created activist judiciary to safeguard the rights of the Indian population. India has independent & integrated judiciary.

Independent in the sense, the constitution provides for separation of power among three branches of the government, none of which can be subordinated to others.

To judge, independence of any authority following parameters can be employed:

1. Appointment: Appointment of judges is done by the President in consultation with the judiciary (under the collegium system). Since not a single individual authority is involved, appointments cannot be influenced.
2. Tenure: The tenure of judges of the supreme court and the high court are fixed. If it was left at mercy of parliament, then judges would have favoured the legislature and it would have adversely impact fair and just delivery of justice.
3. Expenditure: The constitution provides for expenditure of judiciary to be charged on consolidated fund of India. Which means the judicial expenses are beyond scope of parliamentary scrutiny.

The constitution also creates an integrated judiciary which is a hierarchy of courts. In Indian Judicial System, at the lowest strata lies subordinate courts which comprises of district civil and sessions court.

High Court (ARTICLE 214):

• Appeal against orders of subordinate courts lies in the state High courts.
• High courts exercises control over the district court, like:
  • appointment of district judges is done by the governor of the state in consultation with the High Court.
  • Transfer, promotion of district judges
  • Further, if district court has given capital punishment (death sentence) it cannot be carried out without approval of the state High Courts irrespective of the fact that person makes appeal against the order in High Court or not.
• Like the Supreme Court, High Courts are also interpreter of the constitution.

Supreme Court (ARTICLE 124):

• The Supreme Court is apex court of India.
• Appeal against orders(interim or final) passed by any state High Courts lies in the Supreme.
• Its decisions are binding on all courts and the other two branches of the government (article 142, 144).
• It can enforce state laws as well as union laws.
• Its final court of appeal, except for gross violation of fundamental rights, for its restitution Supreme Court can issue writs.

Integrated Judicial System and India’s Unitary Bias:

Unlike the US’s ‘coming together model of federation’ which is considered a true federation, India has adopted the ‘holding
together model’ which is a federation with unitary bias along the lines of Canada.

The unitary bias (control/influence of union government) can be seen in the following features:

• The power to appoint SC and HC judges is done by the President (Union Executive).
• The salaries of the state High Court judges are fixed by the Parliament.
• Higher courts exercise control over lower courts.
• Orders of the Supreme Court are binding on all high courts.

Advantage of Integrated Judicial System:

• Unlike parallel court systems to enforce state laws and union laws. The integrated judiciary makes it easier for common people to get access to justice.
• Since there could be an overlap between certain provisions of state laws and union laws, the redundancy of work is reduced in an integrated judiciary.
• Uniform application of legal system across the nation.
• All are treated equally in the eyes of the law.

Disadvantages of Integrated Judicial System:

• Huge pendency of cases due to frequent appeals.
• Seeking judicial remedy is very expensive due to the high costs involved.

Comparison of the Indian Judicial System with other countries:

India	USA	UK	France
Centrifugal Federalism	Centripetal Federalism	Constitutional Monarchy	French Federal
Single system of courts to enforce both state and federal (union) laws	Federal laws are enforced by Federal Judiciary and state laws are enforced by state judiciary	Unitary Judicial system due to parliamentary sovereignty	Duality of courts. Judicial Civil Courts Criminal Courts.
Appeal against both central and state laws can be made in the same court system	Appeal against state laws can only be made in state courts. Which are divided into 3 tiers- Trial, Appellate and State Supreme Court. While appeal against Federal laws can be made in federal judiciary which is also three tier- District, Appellate and US Supreme Court	Doesn’t have single judicial system for entire country.	–
Independent & Integrated Judiciary	Independent but not Integrated Judiciary	Region wise specific legal system exists. There is no uniformity	Independent Judiciary
Jurisdiction can be enlarged by Parliament by an act	Jurisdiction is confined to provisions of the constitution	No such provision	No such provision

Conclusion:

The judiciary has acted as beacon of hope to avert executive tyranny and upheld rights of the citizenry. Due to its, initiative several initiatives were passed and as a result of wider interpretation of articles of constitution especially article 21 has ensured welfare of people. Despite of huge pendency of cases, Judiciary has lived up to it’s name.

Practice Question:

Mains:

Q1. How independent & integrated judiciary played crucial role in survival of democracy in India. ( 150W, 10M)

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