The Judiciary is a fundamental institution in the Indian political system, defined as the system of courts that interprets and applies the law. It functions as the guardian of the Constitution and the protector of citizens' Fundamental Rights. The modern structure has its origins in the colonial era, with the establishment of the Supreme Court of Judicature in Calcutta in 1773. Post-independence, the Supreme Court of India was formally inaugurated on January 28, 1950, to administer justice and uphold constitutional supremacy.
The Indian Judiciary operates as a single integrated system with a pyramidal structure, headed by the Supreme Court, followed by High Courts and subordinate courts. The structure and jurisdiction of the Union Judiciary are primarily laid out in Articles 124 to 147 of the Constitution of India. Its core mechanism is the power of Judicial Review, which allows it to examine and strike down any law or executive action that violates the Constitution, as implied by Article 13. The independence of the Judiciary is secured by provisions like Article 50, a Directive Principle that mandates the separation of the judiciary from the executive.
The Judiciary is intrinsically connected to the principle of Separation of Powers and the system of Checks and Balances with the Legislature and Executive. The method of appointing judges to the higher courts is managed by the Collegium System. A major recent change was the attempt to replace the Collegium System with the National Judicial Appointments Commission (NJAC) through the 121st Constitutional Amendment Bill, 2014. However, the Supreme Court struck down the NJAC in 2015, ruling that it compromised judicial independence, thereby retaining the Collegium System. Recent legislative changes, such as the Mediation Act, 2023, aim to reduce case pendency by promoting out-of-court settlements.