Working Of Institutions

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All the courts at different levels in a country put together are called the judiciary. The Indian judiciary consists of aSupreme Court for the entire nation, High Courts in the states, DistrictCourts and the courts at the local level.

Types of cases or disputes handled by the courts:

1. Cases Between citizens of the country.
2. Cases between citizens and government.
3. Cases between two or more state governments; and
4. Cases between governments at the union and state level.

Powers of the Supreme Court and High Court

1. Supreme Court is the highest court of appeal in civil and criminal cases. It can hear appeals against the decisions of theHigh Courts.
2. The Supreme Court and the HighCourts have the power to interpret the Constitution of the country. They can declare invalid any law of the legislature if they find such a law or action is against the constitution.
3. The Supreme Court can determine the Constitutional validity of any legislation or action of the executive in the country when it is challenged before them. This is known as the judicial review.
4. The powers and the independence of the Indian judiciary allow it to act as the guardian of the Fundamental Rights. We shall see in the next chapter that the citizens have a right to approach the courts to seek remedy in case of any violation of their rights
5. Courts have given several judgments and directives to protect the public interest and human rights. Anyone can approach the court's public interest is hurt by the actions of government. This is called public interest litigation.

Independence of the judiciary

1. Independence of the judiciary means that it is not under the control of the legislature or the executive. The judges do not act in the direction of the government or according to the wishes of the party in power.
2. The judges of the SupremeCourt and the High Courts are appointed by the President on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court. Once a person is appointed as judge of theSupreme Court or the High Court itis nearly impossible to remove him or her from that position.
3. A judge can be removed only by an impeachment motion passed separately by two-third members of the two Houses of parliament.