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HomeUPSC Mains Question BankUPSC Mains GS 2 Questions BankQuestion: How does the structure of the Indian judiciary, including the Supreme...

Question: How does the structure of the Indian judiciary, including the Supreme Court, High Courts, and subordinate courts, interrelate with constitutional law, social justice initiatives, and the principles of international human rights, and what implications does this have for the protection of individual rights in India?

<h1>Understanding the Structure of Indian Judiciary and Its Interrelationship with Constitutional Law, Social Justice, and Human Rights</h1>

<h2>1. Structure of the Indian Judiciary</h2>
<ul>
<li><strong>Supreme Court:</strong> The highest court in India, established according to Article 124 of the Constitution, possesses the ultimate authority in constitutional interpretation and serves as a protector of fundamental rights.</li>
<li><strong>High Courts:</strong> Every state is equipped with its High Court, which maintains jurisdiction over its region, guaranteeing that local regulations comply with constitutional directives.</li>
<li><strong>Subordinate Courts:</strong> Comprising District Courts and various specialized courts, these courts manage civil and criminal proceedings, operating under the auspices of the High Courts.</li>
<li><strong>Judicial Review:</strong> This refers to the authority of superior courts to overturn decisions from lower courts, acting as a balance on legal interpretations and law enforcement.</li>
<li><strong>Specialized Benches:</strong> The establishment of benches tasked with tackling specific matters, such as environmental issues or socio-economic contentions, exemplifies the judiciary's flexibility.</li>
</ul>

<h2>2. Interrelationship with Constitutional Law</h2>
<ul>
<li><strong>Guardianship of the Constitution:</strong> The judiciary protects the Constitution by broadly interpreting Article 21 (Right to Life), as evidenced in cases like <em>Maneka Gandhi v. Union of India</em> (1978).</li>
<li><strong>Public Interest Litigation (PIL):</strong> Initiatives such as PILs empower citizens to pursue judicial action for safeguarding social and environmental rights, illustrated by the <em>Vishaka Guidelines</em> case (1997).</li>
<li><strong>Fundamental Rights Enforcement:</strong> The judiciary plays an essential role in upholding rights enshrined in Part III of the Constitution, with historic judgments like <em>Navtej Singh Johar v. Union of India</em> (2018) decriminalizing homosexuality.</li>
<li><strong>Judicial Activism:</strong> The proactive approach adopted by the judiciary, as demonstrated in the <em>Right to Education Act</em>, has broadened access to education regarded as a fundamental right.</li>
<li><strong>Constitutional Amendments:</strong> The judiciary evaluates whether amendments, such as the 103rd Amendment providing reservations for economically disadvantaged groups, are in harmony with constitutional principles.</li>
</ul>

<h2>3. Social Justice Initiatives</h2>
<ul>
<li><strong>Affirmative Action:</strong> The judiciary has upheld statutes that provide reservations for Scheduled Castes and Scheduled Tribes, fostering social equity through decisions such as <em>M. Nagaraj v. Union of India</em> (2006).</li>
<li><strong>Environmental Justice:</strong> The judiciary’s interventions in landmark instances like <em>MC Mehta v. Union of India</em> showcase the convergence of human rights and environmental issues.</li>
<li><strong>Women’s Rights Advocacy:</strong> Cases like <em>Shayara Bano v. Union of India</em> (2017) illuminate the judiciary's role in promoting women's rights against outdated customs.</li>
<li><strong>Accessibility Reforms:</strong> Court directives concerning the rights of persons with disabilities, exemplified in <em>Federation of Indian Chambers of Commerce and Industry v. Union of India</em> (2016), highlight advancements in the pursuit of social justice.</li>
<li><strong>Legislation for Workers:</strong> Rulings safeguarding laborers' rights, like the <em>Vishaka Guidelines</em>, have been vital in enhancing workplace safety and equity.</li>
</ul>

<h2>4. International Human Rights Principles</h2>
<ul>
<li><strong>Universal Declaration of Human Rights (UDHR):</strong> The Indian judiciary refers to international benchmarks, as demonstrated in cases that invoke the UDHR to bolster personal rights.</li>
<li><strong>International Treaties:</strong> Ratified agreements including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) shape judicial interpretations and efforts towards social justice.</li>
<li><strong>Right to Privacy:</strong> The groundbreaking ruling in <em>Puttaswamy v. Union of India</em> (2017) acknowledged a fundamental right to privacy anchored in international conventions.</li>
<li><strong>Judicial Training Programs:</strong> Initiatives designed for the judiciary to harmonize local rulings with international human rights norms foster a comprehensive respect for rights.</li>
<li><strong>Global Human Rights Dialogue:</strong> The participation of Indian courts in international discussions contributes to a progressive narrative of human rights on the world stage.</li>
</ul>

<h2>Conclusion</h2>
<p>The framework of the Indian judiciary, characterized by its clear hierarchy and functions, plays a crucial role in interpreting constitutional law, advocating social justice, and aligning with global human rights principles. Through landmark judgments and proactive legal interpretations, the judiciary not only defends individual rights but also ensures that India advances alongside international human rights standards. As a fundamental institution within democracy, it acts as both a beacon of hope and a defense against injustices, nurturing an equitable society.</p>
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