Political Science Notes Part 13: Judicial Review, Activism, PIL, and High Courts for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 25: Judicial Review, Judicial Activism, and PIL

Introduction

Judicial Review, Judicial Activism, and Public Interest Litigation (PIL) are pivotal mechanisms that strengthen India’s judiciary, ensuring constitutional supremacy, protection of rights, and access to justice. These tools empower courts to uphold democracy while balancing their role with other government branches.

Part 1: Judicial Review

• Meaning:
  • The judiciary’s power to assess the constitutionality of legislative enactments and executive orders.
  • Declares actions null and void if they violate the Constitution.
  • Ensures:
    • Supremacy of the Constitution.
    • Rule of Law.
    • Protection of Fundamental Rights.
• Constitutional Provisions:
  • Article 13: Laws inconsistent with Fundamental Rights are void.
  • Article 32: Supreme Court issues writs for rights enforcement.
  • Article 226: High Courts issue writs for rights and legal matters.
  • Other articles: 131, 136, 137, 143, 245, 246, 251, 254, 372 support judicial review.
• Scope:
  • Legislative Actions: Reviews laws by Parliament and State Legislatures.
  • Executive Actions: Examines administrative decisions and policies.
  • Constitutional Amendments: Post-Kesavananda Bharati (1973), amendments are reviewable if they violate the Basic Structure.
• Important Cases:CaseImportanceKesavananda Bharati (1973)Established Basic Structure Doctrine, limiting amendment powers.Golaknath (1967)Held Fundamental Rights cannot be amended.Minerva Mills (1980)Affirmed judicial review as part of Basic Structure.S.R. Bommai (1994)Reviewed President’s Rule under Article 356.
• Importance:
  • Protects Fundamental Rights.
  • Maintains federal balance between Centre and States.
  • Checks misuse of power.
  • Preserves Constitutional integrity.
• Limitations:
  • Cannot rewrite laws, only assess validity.
  • Reactive, not proactive (requires a case).
  • Excessive interference risks disrupting separation of powers.

Part 2: Judicial Activism

• Meaning:
  • Judiciary proactively intervenes in policy matters, broadly interpreting constitutional provisions to deliver justice.
  • Occurs when courts:
    • Fill legislative gaps.
    • Compel executive action.
    • Expand rights through interpretation.
• Key Features:
  • Relaxes standing rules (enabling PILs).
  • Expands Fundamental Rights (e.g., Right to Health, Right to Education).
  • Initiates suo motu actions (on its own).
• Important Cases:CaseImportanceVishaka vs. State of Rajasthan (1997)Guidelines for workplace sexual harassment prevention.MC Mehta CasesEnvironmental protection (e.g., Taj Trapezium, Ganga cleaning).Olga Tellis vs. Bombay Municipal Corporation (1985)Recognized Right to Livelihood under Article 21.Unnikrishnan JP vs. State of Andhra Pradesh (1993)Declared Right to Education as a Fundamental Right.
• Positive Impact:
  • Strengthens rights and freedoms.
  • Ensures government accountability.
  • Supports marginalized communities.
  • Drives social reforms (e.g., environment, gender justice).
• Criticism:
  • Judicial Overreach: Encroaches on executive/legislative domains.
  • Violates Separation of Powers: Courts act as unelected policymakers.
  • Undermines Democracy: Elected representatives should shape policies.

Part 3: Public Interest Litigation (PIL)

• Meaning:
  • Allows any person to approach courts for public interest, even if not personally affected.
  • Democratizes access to justice, empowering the disadvantaged.
• Evolution:
  • Developed by Supreme Court in the late 1970s–1980s.
  • Key early cases:
    • Hussainara Khatoon (1979): Upheld speedy trial rights.
    • S.P. Gupta (1981): Promoted government transparency.
• Objectives:
  • Protect disadvantaged groups’ rights.
  • Ensure government accountability.
  • Uphold rule of law.
  • Expand access to justice.
• Who Can File:
  • Public-spirited individuals or organizations.
  • No personal interest required.
  • Filed in:
    • Supreme Court (Article 32).
    • High Courts (Article 226).
• Subjects:AreaExamplesEnvironmental ProtectionPollution, forest conservation (MC Mehta Cases).Human RightsPrisoner rights, bonded labor (Sunil Batra Case).GovernanceCAG reports, scams.Women & ChildrenProtection from exploitation.
• Famous PILs:
  • MC Mehta: Ganga pollution control.
  • Vishaka: Sexual harassment guidelines.
  • Olga Tellis: Right to Livelihood.
• Advantages:
  • Empowers marginalized groups.
  • Expands Fundamental Rights scope.
  • Strengthens judiciary’s democratic role.
  • Raises public awareness.
• Problems:
  • Misuse: Frivolous PILs for publicity (“Publicity Interest Litigations”).
  • Judicial Overburden: Clogs courts with trivial cases.
  • Policy Intrusion: Courts encroach on executive/legislative domains.
  • Response: Courts now screen PILs rigorously.

Comparison: Judicial Review vs. Judicial Activism

Recent Developments

• PILs: Addressed COVID-19 mismanagement.
• Judicial Activism: Focus on climate change policies.
• Debates: Calls for respecting “Lakshman Rekha” (judicial boundaries).

Conclusion

Judicial Review, Judicial Activism, and PIL are cornerstones of India’s judicial system, protecting rights, ensuring accountability, and promoting justice. However, judicial restraint is crucial to maintain separation of powers. As Justice Krishna Iyer stated, “The judiciary must be independent but not arbitrary”, balancing activism with constitutional limits is key to democracy.

Chapter 26: High Courts — Organization, Jurisdiction, and Powers

Introduction

High Courts are the highest judicial authorities at the state level, ensuring Fundamental Rights, rule of law, and constitutional governance. They supervise subordinate courts and serve as critical pillars of India’s judicial system, delivering justice regionally.

Constitutional Provisions

• Part VI, Articles 214–231: Govern High Courts’ organization, jurisdiction, and powers.

Organization

• Composition:
  • Chief Justice: Head of the High Court.
  • Other Judges: Number determined by President based on workload (no fixed strength).
• Appointment:
  • By President in consultation with:
    • Chief Justice of India (CJI).
    • Governor of the state.
    • Chief Justice of the High Court.
• Qualifications (Article 217):
  • Citizen of India.
  • Must have:
    • 10 years as a High Court advocate, or
    • 10 years as a judicial officer in India.
• Tenure and Removal:
  • Tenure: Until age 62.
  • Resignation: To the President.
  • Removal: Via impeachment (same as Supreme Court, Article 124(4)).
• Transfer:
  • President can transfer judges between High Courts after consulting:
    • CJI.
    • Chief Justices of both High Courts.

Jurisdiction and Powers

1. Original Jurisdiction:
   • Certain High Courts (e.g., Bombay, Madras, Calcutta, Delhi) handle:
     • Civil disputes above a specified value.
     • Election disputes for Parliament/State Legislatures.
2. Writ Jurisdiction (Article 226):
   • Issues writs for:
     • Fundamental Rights enforcement.
     • Other legal rights (broader than Supreme Court’s Article 32).
   • Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
3. Appellate Jurisdiction:
   • Hears appeals from lower courts:
     • Civil: Property, contracts, family matters.
     • Criminal: Convictions/sentences from Sessions Courts.
     • Revenue: Tax disputes.
4. Supervisory Jurisdiction (Article 227):
   • Oversees subordinate courts and tribunals within its territory.
   • Can:
     • Review records.
     • Issue directions for judicial improvement.
     • Transfer cases.
5. Control over Subordinate Judiciary (Article 235):
   • Manages District Judges and lower judicial officers’ postings, promotions, leave, and discipline.
6. Judicial Review:
   • Strikes down laws or executive actions violating the Constitution.

Independence of High Court Judges

• Safeguards:
  • Tenure security: Removal only by impeachment.
  • Salaries: Charged to Consolidated Fund of the State, not subject to legislative vote.
  • Judicial autonomy: Free from executive interference.
  • Transfers: Only by President with CJI consultation.

High Courts with Multi-State/UT Jurisdiction

Subordinate Courts

• Under High Court control:
  • District Courts (civil).
  • Sessions Courts (criminal).
  • Family Courts, Labour Courts, Consumer Forums.

Comparison: Supreme Court vs. High Court

Landmark Judgments

• Kesavananda Bharati: Initial hearing at Kerala High Court.
• Narmada Bachao Andolan: Bombay and Madhya Pradesh High Courts’ environmental actions.
• Shah Bano: High Court rulings preceded Supreme Court’s maintenance rights verdict.

Recent Developments

• Case Backlog: Millions of pending cases.
• Appointments: Push for faster judge appointments.
• Digitization: Online hearings, e-records adoption.
• New High Courts: E.g., Telangana High Court (2019).

Challenges

• Vacancies: Delays in judge appointments.
• Pendency: Overwhelming case backlog.
• Infrastructure: Shortage of courtrooms, staff.
• Politicization: Rare but concerning judicial interference.

Way Forward

• Fill vacancies promptly.
• Upgrade infrastructure and technology.
• Implement judicial reforms for efficiency.
• Promote Alternative Dispute Resolution (e.g., Lok Adalats, mediation).

Conclusion

High Courts are vital for state-level justice, protecting rights, overseeing subordinate courts, and ensuring constitutional governance. As the quote states, “Justice must not only be done but must be seen to be done — and High Courts are the first protectors of this principle”, their efficiency and independence are crucial for India’s democracy.