Ch 6: Judiciary

This section details the constitutional safeguards securing judicial independence, including the appointment process, security of tenure, financial independence (salaries charged on the Consolidated Fund of India), and immunity from critique of conduct (Article 121 and 211). UPSC regularly targets the nuances of the appointment of judges, specifically the evolution of the Collegium system, the role of the Executive, and Article 50 (Separation of Judiciary from Executive). Candidates should skip generic arguments on why justice matters and focus strictly on the constitutional provisions securing autonomy.

Details the single integrated judicial system in India, showing the pyramid structure from Subordinate Courts to District Courts, High Courts, and the Supreme Court. UPSC tests the hierarchical relationship, power of High Courts to supervise lower courts under Article 227, and how this differs from federal structures like the USA where federal and state courts are distinct. Focus on the transfer of judges and appellate linkages.

Focuses on Original (Article 131), Appellate (Articles 132-136), Advisory (Article 143), and Writ jurisdictions (Article 32). UPSC frequently drafts traps around Original Jurisdiction, specifically the exclusion of pre-constitution treaties or interstate water disputes. Note also Article 137 (power of review) and Article 142 (complete justice), which are hot topics in recent Prelims.

Explains the evolution of Public Interest Litigation (PIL) or Social Action Litigation (SAL) in the late 1970s led by Justice P.N. Bhagwati and Justice Krishna Iyer. UPSC often tests the conceptual difference between traditional locus standi and PIL, as well as the democratisation of access to justice. Beware of subjective analysis; focus on PIL as an expansion of Article 21 and the potential for judicial overreach.

Deals with the relationship between Fundamental Rights and the judiciary, primarily through writ jurisdictions (Articles 32 and 226) and Judicial Review (Article 13). UPSC loves comparing the scope of Article 32 (only FRs) with Article 226 (FRs and ordinary legal rights), noting that the High Court's writ jurisdiction is wider. Skip basic explanations of rights; focus on the constitutional mechanism of review.

Addresses the historical conflict between the judiciary and Parliament over property rights, land reforms, and the power to amend the Constitution. It culminates in the landmark Kesavananda Bharati case (1973) and the creation of the 'Basic Structure' doctrine. UPSC regularly asks about the origins, elements, and implications of the Basic Structure doctrine, which is not explicitly mentioned in the text of the Constitution.