Balaji v. State of Mysore

What is Judiciary?

The judiciary is a branch of government responsible for interpreting and applying laws to ensure justice and resolve societal disputes. In India, it mirrors the British legal system, with the Supreme Court overseeing High Courts and District Courts. The judiciary safeguards fundamental rights guaranteed by the Constitution, ensuring citizens’ security and fairness. It can interpret laws, resolve conflicts between states and the Union, and strike down laws that violate fundamental rights. Through various legal doctrines like the Doctrine of Pith and Substance, Severability, and Colourable Legislation, courts ensure laws are interpreted accurately and applied within the constitutional framework. Overall, the judiciary plays a vital role in upholding the rule of law, protecting rights, and maintaining the balance of power in society....

Judiciary: Its Constitution, Roles and Impartiality

In India, the judiciary mirrors the British legal system. At the top is the Supreme Court, overseeing 25 High Courts, which, in turn, manage District Courts. According to Article 129, the Supreme Court holds the status of a ‘court of record,’ with powers like punishing contempt, extending to its subordinate courts. Article 141 mandates that decisions of the Supreme Court are binding on all courts....

1. What is Doctrine of Pith and Substance?

The Doctrine of Pith and Substance is a principle used by courts to determine the true nature and purpose of a law when there’s uncertainty about its constitutionality. It focuses on the main objective or “pith and substance” of the law rather than its incidental effects. If a law’s main purpose falls within the powers granted to the legislature by the Constitution, it is upheld even if it incidentally touches on subjects outside those powers. This doctrine helps ensure that laws are interpreted based on their essential aims and intentions rather than technicalities or side effects....

2. What is Doctrine of Severability?

The Doctrine of Severability is a legal principle applied when a part of a law is found to be unconstitutional or invalid. Instead of striking down the entire law, the court removes or “severs” the unconstitutional part while leaving the rest intact, if possible. This allows the valid portions of the law to remain in effect, promoting judicial economy and preserving legislative intent. The decision to sever depends on whether the remaining provisions can still function independently and achieve their intended purpose without the unconstitutional portion. It ensures that the law remains enforceable to the extent possible despite any defects....

3. What is Doctrine of Colourable Legislation?

The Doctrine of Colourable Legislation refers to the practice where a legislature tries to enact a law under a power it doesn’t possess, disguising it as falling within its authority. Courts examine the substance, not just the form, of the law to determine if it’s a veiled attempt to encroach upon powers reserved for another authority. If the court finds that the law is essentially an attempt to exceed constitutional limits, it’s deemed “colourable” and struck down. This doctrine ensures that legislative bodies operate within their designated spheres of authority, preventing abuses of power and maintaining the constitutional balance....

Case Laws

1. State of Maharashtra v. FN Balsara...

1. State of Maharashtra v. FN Balsara

Introduction:...

2. Balaji v. State of Mysore

Introduction:...

Supreme Court and Judicial Review

The Supreme Court, alongside High Courts, can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto, ensuring enforcement of fundamental rights (Article 32, Constitution of India). These writs empower the Court to safeguard citizens’ rights and liberties. It holds authority to nullify laws conflicting with fundamental rights, demonstrating its role as a vigilant protector of these rights, guaranteeing citizens’ security. Through judicial review, the Supreme Court upholds constitutional principles, reinforcing its status as the guardian of fundamental rights in India....

Judiciary: Its Constitution, Roles and Impartiality- FAQs

What is the role of the judiciary in India?...