Independence of district judiciary is part of basic structure of Constitution: Supreme Court
- January 22, 2024
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Independence of district judiciary is part of basic structure of Constitution: Supreme Court
Subject: Polity
Section: Judiciary
Context:
- The SC has held that the independence of district judiciary is part of the basic structure of the Constitution.
More on news:
- A three-judge Bench of Chief Justice D.Y. Chandrachud and Justices V. Ramasubramanian and P.S. Narasimha observed in a judgment that the independence of district judiciary is part of the basic structure of the Constitution.
- SC has said that judicial independence from the executive and the legislature requires the judiciary to have a say in matters of finances.
- Justice Narashimha said that important to recognise that the district judiciary is a vital part of the independent judicial system, which is in turn part of the basic structure of the Constitution
Importance of District Judiciary:
- The independence of the district judiciary must also be equally a part of the basic structure of the Constitution.
- The district judiciary is, in most cases, also the court which is most accessible to the litigant.
- The judgment records the crucial role played by the district judiciary in the justice administration system.
- It is important to ensure the financial security and economic independence of the district judiciary.
- Judiciary must possess the inherent power to compel payment of those sums of money which are reasonable and necessary to carry out its mandated responsibilities, and its powers and duties to administer justice
Constitutional provisions:
- Appointment:
- Article 233 of the Constitution of India(Part 6)
- Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
- A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
- Qualifications:
- He should have been an advocate or pleader for 7 years.
- He should be recommended by the high court.
- He shouldn’t already be in the service of the center or state.
Basic structure Doctrine:
- It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, where the doctrine was formally adopted.
- The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature.
- The origins of the basic structure doctrine are found in the German Constitution which, after the Nazi regime, was amended to protect some basic laws.
- The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda.
- The Supreme Court is yet to define or clarify as to what constitutes the basic structure of the Constitution.
- From the various judgments, the following have emerged as basic features of the Constitution or elements of the ‘basic structure’ of the constitution:
- Supremacy of the Constitution
- Sovereign, democratic and republican nature of the Indian polity
- Secular character of the Constitution
- Separation of powers between the legislature, the executive and the judiciary
- Federal character of the Constitution
- Unity and integrity of the nation
- Welfare state (socio-economic justice)
- Judicial review
- Freedom and dignity of the individual
- Parliamentary system
- Rule of law
- Harmony and balance between Fundamental Rights and Directive Principles
- Principle of equality
- Free and fair elections
- Independence of Judiciary
- Limited power of Parliament to amend the Constitution
- Effective access to justice
- Principle of reasonableness
- Powers of the Supreme Court under Articles 32, 136, 141 and 142