Unit 3 of Constitutional Law – II (syllabus: Module III — judicial activism; independence of the judiciary; judicial accountability; the National Judicial Appointments Commission). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What does the Constitution actually do to secure the independence of the judiciary?
- May the writ jurisdiction of the High Courts and the Supreme Court be transferred to tribunals?
- Who may bring a public interest petition, and what is the limit on standing?
- Whose opinion governs the appointment of a Judge of the higher judiciary?
- Why was the National Judicial Appointments Commission struck down, and what revived?
- How wide is the appellate reach of the Supreme Court under Article 136?
- In what sense is the judiciary accountable, and why is the mechanism so demanding?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Constitution of India, s. 124, 125, 217, 218, 221, 121, 112, 113, 50
- Constitution of India, s. 323A, 323B, 226, 227, 32
- Constitution of India, s. 32, 226
- Constitution of India, s. 124(2), 217(1), 222(1), 143(1)
- Constitution of India, s. 124A, 124B, 124C, 124, 217
- Constitution of India, s. 132, 133, 134, 134A, 136
- Constitution of India, s. 124(4), 124(5), 218, 121, 211, 235
Leading cases
- L. Chandra Kumar v Union of India
- S. P. Gupta v Union of India
- In re Special Reference No. 1 of 1998
- Supreme Court Advocates-on-Record Association v Union of India
- Constitution of India
Full case summaries
- S. P. Gupta v Union of India (1981)
- In re Special Reference No. 1 of 1998 — the Third Judges case
- Supreme Court Advocates-on-Record Association v Union of India (2015) — the NJAC case