Integrated and Independent Judiciary
Indian Polity › Salient Features of the Constitution · Topic 3.6
India has a single, integrated system of courts with the Supreme Court at the top, adopted from the Government of India Act, 1935. Its independence is secured by provisions on appointment, tenure, service conditions, expenses charged on the Consolidated Fund and others.
8 min read · UPSC Prelims · Polity · Salient Features
At a Glance
- What it is A single, integrated system of courts, with the Supreme Court at the top, that is also independent of the executive and the legislature
- Structure Supreme Court; high courts below it at the state level; district courts and other lower courts under each high court
- Source The single system of courts was adopted from the Government of India Act of 1935
- Contrast with the USA The USA has a double system of courts, federal and state
- Supreme Court Inaugurated on 28 January 1950; successor of the Federal Court; Articles 124 to 147
- Independence Safeguarded by appointment procedure, security of tenure, fixed service conditions, expenses charged on the Consolidated Fund and other provisions
- Exam link UPSC Prelims, Polity: Salient Features
Where Does It Fit?
The previous topic showed that the Supreme Court can strike down parliamentary laws. That power makes the independence of the judiciary essential. This topic describes the structure of the Indian judiciary and the provisions that protect its independence. The detailed powers of the courts are taken up in the category on the judiciary.
Why Is the Judiciary Integrated?
Unlike the American Constitution, the Indian Constitution has established an integrated judicial system, with the Supreme Court at the top and the high courts below it. Under a high court, and below the state level, there is a hierarchy of subordinate courts, that is, district courts and other lower courts.
This single system of courts, adopted from the Government of India Act of 1935, enforces both Central laws and state laws. In the USA, on the other hand, the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary, so there is a double system of courts, one for the Centre and the other for the states. India, although a federal country like the USA, has a unified judiciary and one system of fundamental law and justice.
| India | USA | |
|---|---|---|
| System of courts | Single, integrated | Double: federal and state |
| Central laws | Enforced by the same courts | Enforced by the federal judiciary |
| State laws | Enforced by the same courts | Enforced by the state judiciary |
The Supreme Court of India was inaugurated on 28 January 1950. It succeeded the Federal Court of India, established under the Government of India Act of 1935. Its jurisdiction is greater than that of its predecessor, because the Supreme Court has replaced the British Privy Council as the highest court of appeal. Articles 124 to 147 in Part V of the Constitution deal with its organisation, independence, jurisdiction, powers and procedures.
What Is the Role of the Supreme Court?
The Supreme Court is a federal court, the highest court of appeal, the guarantor of the Fundamental Rights of the citizens and the guardian of the Constitution. Its independence is therefore essential for the effective discharge of these duties. It should be free from the encroachments, pressures and interferences of the executive (the council of ministers) and the legislature (Parliament), and should be allowed to do justice without fear or favour.
What Provisions Ensure the Independence of the Supreme Court?
- Mode of appointment: The judges are appointed by the President (which means the cabinet) in consultation with members of the judiciary itself. This curtails the absolute discretion of the executive and ensures that appointments are not based on political considerations.
- Security of tenure: Judges can be removed by the President only in the manner and on the grounds mentioned in the Constitution. They do not hold office during the pleasure of the President, though they are appointed by him or her.
- Fixed service conditions: Salaries, allowances, privileges, leave and pension are determined by Parliament, and cannot be changed to the disadvantage of a judge after appointment, except during a financial emergency.
- Expenses charged on the Consolidated Fund: The salaries, allowances and pensions of the judges and the staff, and all the administrative expenses of the Supreme Court, are charged on the Consolidated Fund of India. They are non-votable by Parliament, though they can be discussed.
- Conduct of judges cannot be discussed: The Constitution prohibits any discussion in Parliament or a state legislature on the conduct of the judges in the discharge of their duties, except when an impeachment motion is under consideration.
- Ban on practice after retirement: Retired judges of the Supreme Court cannot plead or act in any court or before any authority within the territory of India. This ensures that they do not favour anyone in the hope of future favour.
- Power to punish for its contempt: The Supreme Court can punish any person for its contempt, to maintain its authority, dignity and honour.
- Freedom to appoint its staff: The Chief Justice of India can appoint officers and servants of the Court without interference from the executive and can prescribe their conditions of service.
Separately, a Directive Principle in Article 50 directs the State to separate the judiciary from the executive in the public services of the State.
How Is the Independence of a High Court Ensured?
The Constitution makes similar provisions for a high court. The judges are appointed by the President in consultation with the Chief Justice of India and the Chief Justice of the high court. They have security of tenure and fixed service conditions. Their salaries and allowances, and the expenses of the high court, are charged on the Consolidated Fund of the state, though the pension of a high court judge is charged on the Consolidated Fund of India. The conduct of the judges cannot be discussed in Parliament or a state legislature except during impeachment. Retired permanent judges are barred from pleading or acting in any court or before any authority in India except the Supreme Court and the other high courts. A high court can also punish for its contempt.
Why Is This Topic Important?
- Two ideas in one feature: The integrated structure and the independence provisions can each be asked as separate Prelims points.
- Comparison with the USA: The contrast between the single and the double system can be asked directly.
- Basic structure: The independence of the judiciary is among the basic-structure elements.
What Came Next?
The next topics take up the Fundamental Rights, the Directive Principles and the Fundamental Duties as salient features of the Constitution.
Key People and Terms
- Integrated judiciary One system of courts enforcing both Central and state laws
- Federal Court of India The predecessor of the Supreme Court, under the 1935 Act
- Privy Council The earlier highest court of appeal, replaced by the Supreme Court
- Security of tenure Judges can be removed only in the manner stated in the Constitution
- Consolidated Fund of India Charged with the expenses of the Supreme Court
- Article 50 Separation of the judiciary from the executive in public services
Exam Corner
Points to Remember
- Supreme Court inaugurated on 28 January 1950; Articles 124 to 147.
- The single system of courts came from the Government of India Act, 1935; the USA has a double system.
- Eight independence provisions for the Supreme Court: appointment, tenure, service conditions, Consolidated Fund, no discussion of conduct, ban on practice, contempt, own staff.
- A high court’s expenses are charged on the state Consolidated Fund; its judges’ pension on the Consolidated Fund of India.
Do Not Confuse With
- Integrated and independent: Integrated refers to the single hierarchy of courts; independent refers to freedom from the executive and legislature.
- Votable and discussable: The expenses of the Supreme Court can be discussed by Parliament but are not voted on.
- Federal Court and Supreme Court: The Federal Court (1935 Act) preceded the Supreme Court (1950), which has wider jurisdiction.
Memory Hook
One ladder of courts for Centre and states; eight shields for the Supreme Court: appoint, tenure, pay, fund, silence, no practice, contempt, staff.
Mains Angle
Questions on the judiciary usually pair structure and independence. Use these points to add depth.
- Federal country, unified judiciary: India has one system of fundamental law and justice, unlike the double system of the USA.
- Why independence matters: The Court is the guarantor of the Fundamental Rights and the guardian of the Constitution, so it must be free from pressure.
- Shields: Tenure, pay, charged expenses, restrictions on discussion and on post-retirement practice protect judges from the executive and the legislature.
- Power and dignity: The power to punish for contempt maintains the authority of the Court.
A Question You May Face
An original practice question, not a past paper question.
“India has an integrated and independent judiciary.” Explain how the Constitution secures both.
How to Answer
- Introduction: Describe the single hierarchy and contrast it with the American double system.
- Integration: single system enforcing Central and state laws, adopted from the 1935 Act.
- Independence: the provisions on appointment, tenure, service conditions, expenses, discussion, practice, contempt and staff.
- Conclusion: The Court’s role as guarantor of rights and guardian of the Constitution requires both unity and freedom from pressure.
GS Relevance
Frequently Asked Questions
What does integrated judiciary mean?
An integrated judiciary means a single system of courts, with the Supreme Court at the top, the high courts below it and subordinate courts under each high court, enforcing both Central and state laws. In the USA, by contrast, there is a double system of federal and state courts.
From where did India adopt the single system of courts?
India adopted the single system of courts from the Government of India Act of 1935. The system enforces both Central and state laws. India is a federal country like the USA, but has a unified judiciary and one system of fundamental law and justice.
When was the Supreme Court of India inaugurated?
The Supreme Court of India was inaugurated on 28 January 1950. It succeeded the Federal Court of India, set up under the Government of India Act of 1935, and replaced the British Privy Council as the highest court of appeal. Articles 124 to 147 deal with it.
What provisions secure the independence of the Supreme Court?
The provisions are appointment in consultation with the judiciary, security of tenure, fixed service conditions, expenses charged on the Consolidated Fund of India, no discussion of judges' conduct, a ban on practice after retirement, power to punish for contempt and freedom to appoint its own staff.
Are the expenses of the Supreme Court voted by Parliament?
No. The salaries, allowances and pensions of the judges and the staff, and all administrative expenses of the Supreme Court, are charged on the Consolidated Fund of India. They are non-votable by Parliament, although Parliament can discuss them.
Can a retired judge practise in courts?
Retired judges of the Supreme Court are prohibited from pleading or acting in any court or before any authority within the territory of India. Retired permanent high court judges cannot practise either, except in the Supreme Court and other high courts. This prevents favours in hope of future benefit.
Can Parliament discuss the conduct of a judge?
The Constitution prohibits any discussion in Parliament or a state legislature on the conduct of the judges of the Supreme Court or high courts in the discharge of their duties. The only exception is when an impeachment motion is under the consideration of Parliament.
What does Article 50 say about the judiciary?
Article 50, a Directive Principle of State Policy, directs the State to separate the judiciary from the executive in the public services of the State. It is among the provisions that support the independence of the judiciary, though a Directive Principle is not enforceable by the courts.
PYQ Practice — Statement Analysis
1 India has a double system of courts, one for the Centre and one for the states, as in the USA.
India has a single, integrated system of courts, while the USA has a double system.
2 The Supreme Court of India succeeded the Federal Court of India.
The Supreme Court was inaugurated on 28 January 1950 and also replaced the Privy Council as the highest court of appeal.
3 The expenses of the Supreme Court are subject to the vote of Parliament.
They are charged on the Consolidated Fund of India and are non-votable, though they can be discussed.
4 The judges of the Supreme Court hold office during the pleasure of the President.
They can be removed only in the manner and on the grounds mentioned in the Constitution.
5 The pension of a high court judge is charged on the Consolidated Fund of India.
The other expenses of a high court are charged on the Consolidated Fund of the state.
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