Introduction:
India’s judicial system embodies a dual nature, combining integration, where a hierarchical judiciary operates nationwide, and independence, ensuring fairness and safeguarding citizens’ rights.
Body:
Characteristics of the Integrated Judicial System:
- Unified Judiciary: A cohesive judiciary with consistent laws across the country.
- Supreme Court Authority: Apex jurisdiction interpreting the Constitution, resolving state disputes, and ensuring legal consistency.
- Hierarchical Structure: A pyramid-like structure facilitates systematic appeals through district and subordinate courts, high courts, and the Supreme Court.
- Uniform Legal Code: Common legal frameworks like IPC, CrPC, and CPC ensure legal coherence.
Characteristics of the Independent Judicial System:
- Separation of Powers: Judicial independence from the executive and legislature, adhering to the principle of separate powers (Article 50).
- Judicial Appointment and Tenure: Consultative judge appointments and secure tenures prevent arbitrary removal (Articles 124 and 217).
- Judicial Review: Authority for judicial review to strike down unconstitutional laws or actions (Article 13).
- Public Interest Litigation (PIL): Active involvement in PILs for prompt societal issue resolutions.
Limitations:
- Overburdened Courts: The integrated system faces backlog-induced delays.
- Centralization of Power: Supreme Court concentration may risk judicial overreach.
- Lack of Transparency: The Independent system’s collegium appointments lack transparency.
- Insufficient Accountability: The collegium system lacks robust checks, impacting judiciary quality and diversity.
Conclusion:
The integrated and independent features of India’s judicial systems contribute to a comprehensive legal framework. Recognizing the strengths and addressing limitations in both systems are crucial for fostering a balanced and effective judiciary that upholds justice and the rule of law in India.
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