Judiciary
Topic: State, Government and Governance: Organs, Levels and the Citizen · NCERT: Class 6, Ch 10 "Grassroots Democracy – Part 1: Governance"; Class 7, Ch 6 "The State, the Government, and You"; Class 8, Ch 6 "The Parliamentary System: Legislature and Executive"; Class 9, Ch 6 "Democracy"
Meaning
The judiciary is the system of courts. It explains what laws mean, settles disputes and decides the punishment when someone breaks a law. It also protects fundamental rights. Through judicial review, the power to strike down any law or government action that goes against the Constitution, it checks that both law-makers and the government stay within the Constitution. India has a single, integrated court system. The Supreme Court (Art. 124) is at the top, High Courts serve the states (Art. 214), and subordinate courts work under Arts. 233–237. Its independence is protected in several ways. Judges can be removed only by a special-majority address of Parliament (Art. 124(4)). Their salaries are charged on the Consolidated Fund (Art. 125). Art. 50 keeps the judiciary separate from the executive.
Example
In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court struck down the part of the 39th Amendment that put the Prime Minister's election beyond the reach of the courts. In SCAORA (2015), it struck down the NJAC, a new body Parliament had created to appoint judges.
Don't confuse with
- Legislature: Parliament and the state legislatures make laws. The judiciary interprets those laws and can strike them down if they break the Constitution.