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CONSTITUTIONAL FRAMEWORK OF JUDICIARY FOR PROTECTING HUMAN RIGHTS IN INDIA
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CONSTITUTIONAL FRAMEWORK OF
JUDICIARY FOR PROTECTING HUMAN RIGHTS IN INDIA
AUTHORED BY
- ANIKET VASHISTH
Abstract
The Indian
Judicial system has been carved out of multiple law interpreting anecdotes and
research by eminent legal leaders of our Country. It has been a long-drawn
hardship which led to the development of such robust system which caters the
needs of the diverse society of India. It must be kept in mind that the
Judiciary plays a vital role in smooth running of the nation since it makes
sure that the justice is not denied to even the poorest in the society. Our
Judicial system makes sure that not only the rights that are being provided by
the Indian Constitution are protected but it also ensures that the duties are
fulfilled by the state authorities in order to maintain the idea of welfare
state and uphold the principle of Laissez Faire.
This paper
discusses the basic structure of our Judicial system from the lowest to the
highest levels and their roles and responsibilities in brief in order to
understand as to how they work and ensure the protection of Human Rights.
Secondly, it discusses about the role of Supreme Court in detail and its powers
which enables the enforcement of human rights and how it is incorporated in the
Constitution of India.
1.1 OVERVIEW OF THE JUDICIARY IN INDIA
There is a
multi-layer judicial system that works in India beginning from the District
Courts at the lowest levels and the Supreme Court at the highest level. These
levels ensure that the rights of the citizens are protected irrespective of the
kind of right being violated since these judicial bodies have a set of
guidelines which makes sure that the work is equally divided among the levels
and speedy justice is provided to all. The powers and functions of all these
Courts and their role in protecting Human Rights in India is discussed in brief
below.
1.1.1 DISTRICT COURTS
The
district judiciary is the judicial system at the district level in India. It is
the first level of the judiciary, responsible for hearing and judging local
cases. The district judiciary is made up of district courts and other inferior
courts that are presided over by district judges and other legal professionals.
The
District Court or Additional District Court has original and appellate
jurisdiction in civil and criminal cases filed in the district. Territorial and
pecuniary jurisdiction in civil disputes is often established under relevant
state civil court statutes. On the criminal side, jurisdiction is drawn only
from the criminal process code. According to this code, the maximum sentence a
Sessions Judge of district court can issue to a criminal is death punishment.
The
district court has appellate authority over all subordinate courts in the
district in both civil and criminal cases. On the civil side, the subordinate
courts are as follows (in ascending order): Junior Civil Judge Court, Principal
Junior Civil Judge Court, and Senior Civil Judge Court. Subordinate courts on
the criminal side (in ascending order of hierarchy) are the First-Class
Judicial Magistrate Court and the Chief Judicial Magistrate Court.
Certain
criminal or civil proceedings cannot be heard by a court other than a district
court. This grants the District Court initial authority over such proceedings.
Appeals and revision orders originating from district courts are heard by the
High Court of the relevant state.
The
district judiciary plays a critical role in ensuring the rule of law. It
contributes significantly to accomplishing the preambular ideal of justice by
enabling litigants' access to justice. It is the most accessible court for
litigants and acts as the primary link between the judicial system and the
people. Some of the key features of the Indian District Judicial System is
enumerated below:
1.
Independence
of District Judiciary:
The Supreme
Court recognises the independence of the district judiciary as an essential
component of the Constitution's fundamental structure. Access to justice, a preambular ideal, would
be illusory in the absence of unbiased and independent judges at the grassroots.
2.
No Longer
"Subordinate":
The phrase
"subordinate judiciary" was rejected because it misrepresented the
constitutional standing of a district judge. The constitution recognises and
protects district judges as essential members of the judicial system. The
district judiciary and its contributions deserve more appreciation.
3.
Recognition
of District Judiciary's Importance:
The
district judiciary plays an important role in protecting the rule of law and
providing justice.
Handles roughly 1.13 million cases each day, making it the most accessible court for litigants.
Even throughout the epidemic, the system operated efficiently, ensuring that justice was delivered on time.
Handles roughly 1.13 million cases each day, making it the most accessible court for litigants.
Even throughout the epidemic, the system operated efficiently, ensuring that justice was delivered on time.
4.
Recommendations
and Directions:
Judicial
officials will get increased salaries, pensions, and other retirement benefits.
Judicial officials' compensation should be considered separately from that of political executives and legislators. To keep the judiciary working at its peak, incentives and chances for advancement are required.
Judicial officials' compensation should be considered separately from that of political executives and legislators. To keep the judiciary working at its peak, incentives and chances for advancement are required.
1.1.2 HIGH COURTS
The next
stage in the Indian Judicial System is the High Courts. Majority of the States
have their separate High Courts which exercise jurisdictions over their
respective areas but there are some High Courts which along with their
respective States also exercise Jurisdiction over other areas. The prominent
examples among these are the High court of Bombay [1]which
exercise its jurisdiction over the State of Maharashtra as well as the State of
Goa. Similarly, we have the High Court of Kerala [2]which
exercise Jurisdiction over the State of Kerala and The Union Territory of
Lakshadweep and the High Court of Calcutta which exercise Jurisdiction over the
State of Kolkata as well as the union territory of Andaman and Nicobar Islands.
The High
Courts in India exercise various Juridictions which are discussed below as
follows:
1.
Original
Jurisdiction
The High
Courts of Calcutta, Bombay, and Madras have original jurisdiction over criminal
and civil proceedings filed in these cities. These High Courts have the sole
power to hear civil claims involving property valued at certain amounts.
Fundamental
Rights: They have the authority to issue writs in order to enforce fundamental
rights. Also, all High Courts have original jurisdiction in issues involving
wills, divorce, contempt of court, and admiralty. Election petitions can be
considered in the High Courts.
2.
Appellate
Jurisdiction
In civil
disputes, an appeal can be filed with the High Court against a district court
ruling. If the disagreement is for more than Rs. 5000/- or involves a point of
fact or law, an appeal can be filed immediately with the subordinate court. In
criminal matters, it includes cases decided by Sessions and Additional Sessions
Judges.
If the
sessions judge has imposed a 7-year or longer sentence. High Courts in India
have also been given enormous power which helps them in preserving the basic
Human Rights and impart justice with greater ease. These powers are discussed
below as follows:
·
HC as a Court of Record- High Courts, like the Supreme
Court, serve as courts of record.
Subordinate courts can utilise records of High Court rulings to make decisions on cases.
All High Courts have the authority to punish all instances of contempt by any individual or institution.
Subordinate courts can utilise records of High Court rulings to make decisions on cases.
All High Courts have the authority to punish all instances of contempt by any individual or institution.
·
Administrative powers- It supervises and governs all
subordinate courts.
It has the authority to request procedural information from lower courts.
It makes regulations governing the operation of the subordinate courts.
It has the authority to transfer any matter from one court to another, as well as decide the case itself. It can look into any subordinate court's records or any related papers.
It has the authority to appoint administrative workers, as well as set their salary, allowances, and working conditions.
It has the authority to request procedural information from lower courts.
It makes regulations governing the operation of the subordinate courts.
It has the authority to transfer any matter from one court to another, as well as decide the case itself. It can look into any subordinate court's records or any related papers.
It has the authority to appoint administrative workers, as well as set their salary, allowances, and working conditions.
·
Power of Judicial Review- High Courts have the power
of judicial review. They have the power to declare any law or ordinance
unconstitutional if it is found to be against the Indian Constitution.
·
Autonomy of the High Court-
1. Appointment
of Judges: The appointment of High Court Judges is a matter for the Judges
themselves and is not related to the Legislature or the Executive. Continuation
of Judges:
2. High Court
Judges have until retirement which is 62 years.
3. The High
Court can only be dismissed by the President.
4. Salaries
and Allowances: Judges of the High Court receive good salaries, allowances and
allowances which cannot be changed to their detriment except in cases of
financial crisis. The expenses of the supreme court are paid from the
consolidated fund of the state, which is not voted by the state parliament.
5. Powers:
parliament and state parliaments cannot abridge the powers and jurisdiction of
the supreme court guaranteed by the Constitution.
6. Constitutionally
guaranteed power of the Supreme Court Judges: The conduct of High Court Judges
cannot be impeached in Parliament unless they are impeached.
7. Retirement:
After retirement, High Court Judges cannot be employed by the Government of
India. or that of the state. However, there is an exception to that paragraph
where retired judges can be appointed on a temporary basis and in emergency
situations with the approval of the Supreme Court of India.
1.1.3 THE SUPREME COURT
The Supreme
Court of India is the country's highest judicial body, responsible for
maintaining the Constitution and interpreting legislation. It was established
on January 28, 1950, and is based in New Delhi. The Supreme Court is made up of
the Chief Justice of India and a maximum of 34 justices.[3]
It has
appellate authority over decisions made by the High Courts and other tribunals,
as well as constitutional, civil, and criminal disputes. The Supreme Court's
rulings bind all lower courts and agencies in India.
The Court
also plays an important role in protecting people' basic rights and liberties,
frequently serving as the last judge in national-level disputes. It has played
an important role in establishing India's legal and social landscape, with
historic decisions on subjects ranging from civil liberties to environmental
protection and socioeconomic rights.
The
jurisdiction of the Supreme Court of India is extensive and covers a wide range
of matters. Here's a breakdown of its main areas of jurisdiction:
1.
Constitutional
Jurisdiction:
The Supreme
Court has original jurisdiction in disputes between the Union government and
one or more states, or between two or more states. It has the power to
interpret the Constitution of India and adjudicate on the constitutionality of
laws and executive actions. The Court hears writ petitions related to the
enforcement of fundamental rights guaranteed by the Constitution.
2.
Appellate
Jurisdiction:
The Supreme
Court is the highest court of appeal in both civil and criminal matters. It
hears appeals from decisions of High Courts and certain tribunals across the
country. The Court also hears appeals from various special leave petitions
(SLPs) seeking permission to appeal against any judgment or order passed by any
court or tribunal in the country.
3.
Advisory
Jurisdiction:
The President
of India can seek the opinion of the Supreme Court on any question of law or
fact that has arisen or is likely to arise. The Governor of a state can also seeks
the opinion of the Supreme Court on similar matters.
4.
Special
Leave Petitions (SLPs):
The Supreme
Court has the discretion to grant special leave to appeal from any judgment,
decree, determination, sentence, or order in any cause or matter passed or made
by any court or tribunal in the territory of India.
5.
Public
Interest Litigation (PIL):
The Court
can entertain PILs filed by any citizen or organization seeking judicial
intervention in matters of public interest.
6.
Review
Jurisdiction:
The Supreme
Court has the power to review its own judgments or orders on certain grounds. Overall,
the jurisdiction of the Supreme Court encompasses a broad spectrum of legal
matters, ensuring the uniform interpretation and application of laws across the
country.
1.2 FOUNDATIONAL PRINCIPLES: INCORPORATION OF HUMAN
RIGHTS IN THE CONSTITUTION
The
incorporation of human rights within the Indian Constitution reflects a
profound commitment to upholding the dignity and freedoms of every individual.
Embodied in the Preamble, which serves as the guiding light of the
Constitution, are the ideals of justice, liberty, equality, and fraternity,
which form the bedrock of human rights protection in India. Furthermore, the
Constitution explicitly guarantees a comprehensive array of fundamental rights
to its citizens and non-citizens alike. These rights, enshrined in Part III of
the Constitution, encompass civil, political, economic, social, and cultural
freedoms, ensuring that every person enjoys essential liberties and
protections. The inclusion of fundamental rights such as the right to equality,
right to life and personal liberty, and freedom of speech and expression
reflects the framers' vision of a just and egalitarian society.
The
Constitution prohibits discrimination on various grounds, including race,
religion, caste, sex, or place of birth, further reinforcing the principles of
equality and non-discrimination. Through the incorporation of these
foundational principles, the Indian Constitution lays the groundwork for a
robust legal framework that safeguards human rights and promotes the well-being
and dignity of all individuals within the country's borders.
1.2.1 FUNDAMENTAL RIGHTS: GUARANTEES AND PROTECTIONS
FOR CITIZENS AND NON-CITIZENS
Fundamental
rights, enshrined in Part III of the Indian Constitution, serve as pillars of
protection for both citizens and non-citizens, ensuring the realization of
essential human rights. These rights provide individuals with safeguards
against arbitrary state action and guarantee freedoms vital to human dignity
and autonomy. Among these fundamental rights are provisions such as the right
to equality before the law[4], prohibiting
discrimination on grounds of religion, race, caste, sex, or place of birth,
which align closely with international human rights standards.
The right
to life and personal liberty [5]encompasses a broad
spectrum of human rights, including the right to a dignified existence,
protection against arbitrary arrest or detention, and access to justice.
Freedom of speech and expression[6] ensures the
ability of individuals to voice their opinions and participate in public
discourse, essential for the functioning of a democratic society. These
fundamental rights extend not only to citizens but also to non-citizens
residing within the territory of India, affirming the principle of equality and
non-discrimination.
While the
Constitution allows for reasonable restrictions on these rights in the interest
of sovereignty, security, and public order, the judiciary plays a crucial role
in ensuring that such limitations do not unduly infringe upon the core
principles of human rights and constitutionalism. Through its interpretations
and interventions, the judiciary has consistently reaffirmed the primacy of
fundamental rights in safeguarding human dignity and promoting the values
enshrined in the Constitution.
1.2.2 DIRECTIVE PRINCIPLES OF STATE POLICY: WELFARE
MEASURES AND SOCIAL JUSTICE
The
Directive Principles are provided in Part IV of the Indian Constitution and
they constitute a set of guidelines for the State for policy making and aim at
achieving a just and equitable society. These principles are not legally
enforceable but they provide a moral and ethical pivot for governance and to
make sure that welfare of the citizens is the priority of the government.
Certain such principles can be compared directly with the Human Rights. This
ensures that the human dignity and the well being of the people is maintained
along with the social as well as the economic rights.
For example,
Article 39 states that equal pay for equal work is secured and the economic
justice and gender equality is nurtured. Similarly, Article 41 mandates the
state to provide public assistance and social security to ensure a decent
standard of living for all citizens, particularly the marginalized and
vulnerable sections of society.
Article 42
emphasizes on the right to work and the provision of just and humane conditions
of work which recognises the inherent dignity of labour and the importance of
decent working conditions for human flourishing. These socio-economic
objectives makes it clear that the Directive Principles underscore the integral
relationship between human rights and socio-economic justice, highlighting the
state's obligation to create enabling conditions for the realization of
fundamental human rights, including the rights to work, education, health, and
an adequate standard of living.
1.2.3 RIGHT TO CONSTITUTIONAL REMEDIES: MECHANISMS FOR
ENFORCEMENT AND REDRESSAL
The
Constitutional Remedies are provided under Article 32 of the Indian
Constitution which plays an elemental role in the preservation of the Human
rights. This Article gives an immediate access to the citizens to approach the
Hon’ble Supreme Court of India and enables to ensure that their basic rights
are protected and preserved which are provided under Part III of the
Constitution.
This article guarantees that persons have access to prompt and effective legal remedies in the event of a breach or infringement of their rights. This ultimately acts as an important protection against the governmental actions of abuses of human dignity. The judiciary can make orders to preserve and enforce basic rights by way of the following writs namely:
i.
Writ of Habeas Corpus
ii.
Writ of Mandamus
iii.
Writ of Prohibition
iv.
Writ of Quo Warranto
v.
Writ of Certiorari
The Right
to Constitutional Remedies not only empowers individuals to seek redressal for
violations of their rights but also reinforces the supremacy of the
Constitution and the rule of law. This ensures that no person is deprived of
their rights without due process and recourse to justice. Further, by providing
a mechanism for judicial review and oversight, Article 32 strengthens the
constitutional framework for the protection of human rights, reaffirming the
judiciary's role as the guardian of constitutional morality and the ultimate adjudicater
of justice in society.
1.2.4 SEPARATION OF POWERS: ROLE OF JUDICIARY,
LEGISLATURE, AND EXECUTIVE IN HUMAN RIGHTS PROTECTION
The
doctrine of separation of powers, a foundational principle of the Indian
Constitution, delineates distinct roles and functions for the three branches of
government—the judiciary, the legislature, and the executive—to ensure checks
and balances and prevent the concentration of power. In the context of human
rights protection, each branch plays a crucial role in upholding and promoting
fundamental rights.
The
judiciary, vested with the power of judicial review, serves as the guardian of
the Constitution and the protector of human rights. Through its interpretative
authority, the judiciary ensures that laws and executive actions conform to
constitutional principles and do not violate fundamental rights. Landmark
judgments by the Indian courts have expanded the scope of human rights
protection, setting precedents and guiding principles for the safeguarding of
individual liberties.
The
Legislative bodies play a vital role in making policies and enacting the laws
which promotes the human rights which are raised in the society. They take care
of the needs of the people in this dynamic world. After 2014, even a dedicated
department was made known as the NITI Aayog[7]which helps in
making policies and promotes the smooth functioning of the society. Legislative
bodies also serves as a forum for public debates as the representatives in the
Parliament raise their voices for the people and advocates for implementation
of the Human rights.
The Executive
branch which is headed by the government is responsible for implementing laws
and policies enacted by the legislature. It plays a crucial role in enforcing
human rights and ensuring that the state institutions and agencies comply with
the Constitutional mandates and respect the rights of individuals. The
executive is given with the task of executing judgments and orders issued by
the judiciary, as well as implementing welfare measures and social programs
aimed at enhancing human dignity and well-being of the citizens.
Therefore,
the separation of powers ensures that each branch of government acts as a check
on the others, safeguarding against abuses of authority and protecting the
rights and freedoms of individuals. By fulfilling their respective roles in the
protection of human rights these three pillars contribute to the preservation
of constitutional democracy and the promotion of a just and equitable society.
1.3 ROLE OF JUDICIARY IN PROTECTING HUMAN RIGHTS
Judiciary
has been given authority to demarcate the functions of the three organs of the
government and if judiciary will transgress on the power of another organ,
people may lose faith on judiciary. The judiciary is having certain
limitations, it has to act according to statutes which are framed by the
legislature. Judiciary becomes strong only when people repose their faith on it
and consistent activism and the zeal of the judges to perform the of another
may make judiciary lose its sanctity.
Through the
development of concepts like fundamental structure and public interest
litigation (PIL), it has played a creative and helpful role. The increasing
prevalence of judicial activism in India can be attributed to a number of
factors, including the pervasive corruption and self-serving nature of
politicians.
In these conditions, the Indian people's faith in our constitution and the survival of Indian democracy have both benefited greatly from judicial activism.
While celebrating the virtues of activism, we must remember that judges' main job is to interpret and represent the law, not to make it. When necessary, judicial activism should be utilised sparingly.
Activism
and self-control are two prominent dichotomies used to describe judicial
decisions. Seldom do those who classify things in this way specify these
categories. The imprecision and inconsistency associated with these phrases
make it extremely difficult to define them precisely. However, it's important
to always keep in mind that discretion is the only situation in which the issue
of activism or self-control comes up. A judge does not display activism or
restraint when he bases his decision on the provisions of the statute.
1.4 CONCLUSION
As it has
been rightly said by Mr. Nelson Mandela, “to deny people their human rights is
to challenge their very humanity”, it should be hence made sure that the human
rights of each and every individual is protected in the state and the first
most responsibility of ensuring these rights vests with the Judiciary of the
State.
In this
modern era, even the definition of Human Rights is changing and now we must
endeavour not only to protect the first and the second-generation human rights
but should also ensure that the third and the fourth-generation human rights
are also taken care of which includes but is not limited to right to access of
Internet and data, digital rights and biometric rights. In order to achieve
this, even the Judicial system needs to get updated and more tech friendly. One
such commendable step that is worth recognising is the introduction of NJDG
i.e., National Judicial Data Grid which brings all the data related to cases in
India at a single platform and ensures that how many cases are pending and for
how long they have been pending in a court of law.
Human
Rights and its protection is a debatable issue and can be approached both
positively and negatively by the national as well as international
organisations and governments but the important thing is to analyse that what
steps are being taken by them in order to strengthen the state’s machinery and people
are contented.
[1]
https://bombayhighcourt.nic.in/index.php
[2]
https://highcourt.kerala.gov.in/index.php
[3] https://main.sci.gov.in/
[4] Article 14, The Constitution of
India, 1950
[5] Article 21, The Constitution of
India, 1950
[6] Article 19, The Constitution of
India, 1950
[7] National Institute for
Transforming India
Article Information
CONSTITUTIONAL FRAMEWORK OF JUDICIARY FOR PROTECTING HUMAN RIGHTS IN INDIA
Authors: ANIKET VASHISTH
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/05/23
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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