Increase in States’ share of taxes (14th and 15th Finance Commissions),
Greater role of States during COVID-19 pandemic in managing health and lockdowns.
Federalism and Indian Courts
Supreme Court has emphasized cooperative federalism.
Important cases:
SR Bommai Case (1994): Strictly limited Centre’s power to dismiss State governments.
State of West Bengal v. Union of India (1963): No sovereignty for States — India is an indestructible union of destructible states.
Conclusion
Indian federalism is a dynamic balance between unity and diversity, where both the Centre and States must work together to fulfill the aspirations of the people.
“Federalism is not a tug of war, but a dance of cooperation.“
Important Quick Facts for Prelims & Mains
Fact
Detail
Federalism inspired from
Canada
Division of powers schedule
7th Schedule
Sarkaria Commission Year
1983–88
Punchhi Commission Year
2007–10
GST Council Article
Article 279A
Residual powers belong to
Centre (Article 248)
Chapter 57: Judiciary in India — Structure, Role, Independence of Judiciary
Introduction
Judiciary is the guardian of the Constitution, protector of rights, and final interpreter of laws.
It ensures that both government and citizensabide by the Constitution.
Strong and independent judiciary is the backbone of Indian democracy.
Structure of Indian Judiciary
India has a unified and integrated judicial system, with the Supreme Court at the top.
By President with consultation of judges (Collegium System)
Tenure
Until 65 years of age
Jurisdiction of Supreme Court
Type
Details
Original Jurisdiction (Art 131)
Centre-State or inter-state disputes.
Writ Jurisdiction (Art 32)
For protection of Fundamental Rights.
Appellate Jurisdiction
Civil, criminal, constitutional appeals from High Courts.
Advisory Jurisdiction (Art 143)
President can seek advisory opinion.
Judicial Review
Can strike down unconstitutional laws and executive actions.
High Courts
Constitutional Provisions
Article
Subject
Articles 214–231
High Courts: Organization, Powers, Functions
Features
One High Court per State/UT (common High Court possible for multiple States/UTs).
Judge appointment by President after consultation with CJI and Governor.
Retirement at 62 years.
Jurisdiction of High Court
Original Jurisdiction: Writs under Article 226 (broader than SC’s Article 32),
Appellate Jurisdiction: Appeals from lower courts,
Supervisory Jurisdiction: Over Subordinate Courts (Article 227).
Subordinate Courts
Types
Type
Function
District Courts
Civil and criminal jurisdiction at district level.
Sessions Courts
Serious criminal cases.
Family Courts
Matters like marriage, divorce, guardianship.
Consumer Courts
Consumer disputes redressal.
Hierarchy
Court
Level
District Judge
Head of District Judiciary
Civil Judges, Magistrates
Lower-level judicial officers
Subordinate judiciary is controlled by respective High Courts.
Independence of Judiciary
Constitutional Safeguards
Feature
Details
Security of Tenure
Judges cannot be removed except by impeachment.
Fixed Service Conditions
Cannot be altered to disadvantage after appointment.
Expenses Charged on Consolidated Fund
Non-votable in Parliament/Legislature.
Ban on Practice After Retirement
SC and HC Judges cannot plead or act in any Court after retirement (except in certain tribunals).
Judicial Review in India
Judiciary reviews:
Laws of Parliament and State Legislatures,
Executive orders.
If unconstitutional, Courts can declare them null and void.
Based on:
Supremacy of the Constitution,
Protecting Fundamental Rights.
Judicial Activism vs Judicial Overreach
Aspect
Judicial Activism
Judicial Overreach
Meaning
Judiciary actively upholds rights and ensures justice.
Judiciary encroaches into functions of Legislature/Executive.
Example
Right to clean environment (MC Mehta cases).
Interfering in administrative policy decisions.
Seen as
Positive intervention.
Negative interference (Violation of separation of powers).
Public Interest Litigation (PIL)
Relaxed rules of locus standi (any citizen can approach Court on behalf of others),
Popularized judicial activism in India,
Famous PIL cases:
Right to Food,
Environmental protection,
Prison reforms.
Important Cases Related to Judiciary
Case
Importance
Kesavananda Bharati Case (1973)
Basic Structure Doctrine
Golaknath Case (1967)
Parliament cannot amend Fundamental Rights
S.R. Bommai Case (1994)
Limited Centre’s power under President’s Rule
Maneka Gandhi Case (1978)
Expanded interpretation of Right to Life and Personal Liberty (Art 21)
NJAC Case (2015)
Struck down NJAC Act, reaffirmed Collegium System for appointing Judges
Challenges Facing Indian Judiciary
Challenge
Explanation
Pendency of Cases
Over 4 crore cases pending (as of 2024).
Judicial Vacancies
Shortage of Judges affects speed of justice.
Lack of Transparency
Especially in appointments (Collegium criticisms).
Judicial Delays
Adjournments and procedural bottlenecks.
Accessibility Issues
High costs and complexity keep justice away from common people.
Reforms Suggested
Increase number of Judges,
Transparent and participatory judicial appointments (improve Collegium or create new body),
Judicial Accountability and Performance Measures,
Technology in Judiciary (e-Courts, Online Dispute Resolution),
Specialized Courts (e.g., fast-track courts for specific cases).
Conclusion
Indian Judiciary is the guardian of democracy, rights, and the Constitution. To maintain its credibility and effectiveness, it must remain independent, transparent, and efficient.
“Justice must not only be done, but must also be seen to be done.“
Important Quick Facts for Prelims & Mains
Fact
Detail
Supreme Court Articles
124–147
High Court Articles
214–231
Writ jurisdiction of SC
Article 32
Writ jurisdiction of HC
Article 226
Retirement age of SC Judges
65 years
Retirement age of HC Judges
62 years
Doctrine of Basic Structure
Kesavananda Bharati Case
Chapter 58: Tribunals and Quasi-Judicial Bodies — Concept, Structure, Reforms
Introduction
Tribunals are specialized judicial bodies created to deal with specific types of disputes.
They are faster, simpler, and more specialized compared to regular courts.
Tribunals are part of India’s quasi-judicial setup — blending judicial and administrative functions.
Objective:
“To deliver speedy, expert, and affordable justice.”
Constitutional Provisions
Article
Subject
Article 323A
Administrative Tribunals
Article 323B
Tribunals for other matters (taxation, environment, elections, etc.)
What is a Tribunal?
Aspect
Explanation
Definition
A body empowered to adjudicate disputes and pass decisions enforceable by law.
Nature
Quasi-judicial: Not full courts, but have powers similar to courts.
Composition
Experts + Judges.
Purpose
Specialized and faster justice delivery.
Why Tribunals?
Reason
Explanation
Reduce Burden on Courts
Handle cases that would otherwise overload High Courts and Supreme Court.
Specialization
Experts handle technical matters (like tax, environment, company law).
Speedy Justice
Faster disposal of cases compared to traditional courts.
Accessibility
More informal and flexible procedures.
Types of Tribunals in India
1. Administrative Tribunals (under Article 323A)
Type
Function
Central Administrative Tribunal (CAT)
Deals with disputes relating to recruitment and service conditions of public servants at the central level.
State Administrative Tribunals (SATs)
Similar tribunals for state government employees (e.g., Odisha, Maharashtra).
2. Tribunals under Article 323B (Other Matters)
Type
Examples
Taxation Tribunals
Income Tax Appellate Tribunal (ITAT)
Industrial and Labour Tribunals
Industrial Tribunal, Labour Courts
Election Tribunals
(Now abolished; election disputes now in High Courts)
Land Reforms Tribunals
Disputes relating to land ceiling and ownership.
Environmental Tribunals
National Green Tribunal (NGT)
Major Tribunals in India
1. Central Administrative Tribunal (CAT)
Established: 1985,
Under: Administrative Tribunals Act, 1985,
Jurisdiction:
Service matters of public servants (excluding armed forces, judiciary, secret services).
2. Income Tax Appellate Tribunal (ITAT)
Established: 1941,
Deals with: Appeals under Income Tax Act.
3. National Green Tribunal (NGT)
Established: 2010,
Under: NGT Act, 2010,
Deals with: Environmental protection and conservation of forests.
4. Armed Forces Tribunal (AFT)
Established: 2007 (Act passed),
Deals with: Disputes and complaints regarding service matters and court-martial cases of armed forces personnel.
5. Securities Appellate Tribunal (SAT)
Deals with: Appeals against orders of SEBI (Securities Exchange Board of India).
Composition of Tribunals
Headed by a Chairperson (Retired Judge often),
Assisted by Judicial Members and Expert Members (subject specialists like engineers, scientists, economists).
Powers of Tribunals
Summon witnesses,
Take evidence on oath,
Review decisions,
Enforce attendance,
Grant relief and pass binding orders.
(Powers similar to Civil Courts under CPC — Code of Civil Procedure.)
Tribunals vs Courts
| Feature | Tribunal | Court | |:——-:|:——–:| | Nature | Quasi-judicial | Fully judicial | | Technical Expertise | Available | Not necessarily | | Procedures | Simplified | Strict legal procedures | | Cost | Relatively less | More expensive | | Scope | Limited to specific matters | Broad jurisdiction |
Issues and Criticisms of Tribunals
Issue
Explanation
Executive Interference
Appointments often controlled by Executive, raising questions on independence.
Lack of Uniformity
Different tribunals follow different procedures.
Access to Justice
Sometimes tribunals located only in major cities — rural population suffers.
Appeal Issues
Confusing appellate structure (where to appeal? High Court or Supreme Court?).
Delays and Backlog
Increasing pendency even in specialized tribunals like NGT, CAT.
Important Supreme Court Cases Related to Tribunals
1. Sampath Kumar Case (1987)
Upheld the constitutional validity of Administrative Tribunals but demanded that they must offer effective justice similar to High Courts.
2. L. Chandra Kumar Case (1997)
Landmark decision:
Tribunals are subordinate to High Courts,
Judicial review by High Courts under Articles 226/227 cannot be excluded,
Tribunal decisions are subject to scrutiny by High Courts.
Recent Reforms Related to Tribunals
Reform
Details
Tribunal Reforms Act, 2021
Merged many tribunals, reduced number for efficiency.
Fixed Tenure for Members
Fixed tenure of 4 years or 67 years of age (whichever earlier) for Chairpersons.
Streamlining Appeals
Clear appellate hierarchy — mostly to High Courts now.
Way Forward for Better Tribunals
Ensure complete judicial independence (free from executive influence),
Make access easier — set up benches in smaller cities,
Time-bound disposal of cases,
Uniform procedure and better training for Tribunal members,
Better use of technology (online filings, virtual hearings).
Conclusion
Tribunals are essential supplements to the traditional judicial system, but they must operate with fairness, independence, and transparency to truly serve justice.
“Speedy justice is not just a right but the lifeline of true democracy.“
