Note 031
Judicial independence: why judges need protection from politics
A judge may one day have to decide a case against the government of the day, a powerful company, or a popular public mood. Judicial independence is the…
Indian Democracy in 100 Notes · Theme 4 of 10
⚖️ Judiciary
Judicial independence, the collegium, the basic structure doctrine, PIL, bail and liberty, free speech, privacy, and the state of the courts in 2026.
Note 032
How judges are appointed: the collegium debate
Who should choose judges? In India, the answer has been shaped less by a single constitutional clause than by a series of Supreme Court judgments. The…
Note 033
Judicial review and the basic structure: courts as a check
Parliament can amend the Constitution, but can it change anything at all? The Supreme Court's answer, developed over decades, is no — not if the change…
Note 034
Public Interest Litigation: courts for people who cannot reach them
Normally, only a person directly affected by a wrong can go to court. Public Interest Litigation, or PIL, relaxes that rule. It allows a public-spirited…
Note 035
Bail, undertrial prisoners, and the right to liberty
A person charged with a crime is presumed innocent until proved guilty, but in India many accused people spend long periods in prison before trial. They…
Note 036
Free speech cases: where courts draw the line
Article 19(1)(a) guarantees freedom of speech and expression to citizens, but it is not absolute. Article 19(2) permits reasonable restrictions on…
Note 037
Privacy after Puttaswamy: data, surveillance, and the state
Until 2017, whether Indians had a fundamental right to privacy was unsettled. Earlier judgments had suggested otherwise, and the question arose again in a…
Note 038
Courts and elections: what judges can and cannot decide
Elections are run by the Election Commission of India, not by courts. Article 324 vests the superintendence, direction, and control of elections to…
Note 039
Access to justice: cost, language, and delay
A right that cannot be used is of limited help. Access to justice asks a practical question: can an ordinary person afford a lawyer, understand the…
Note 040
The judiciary in 2026: pendency, technology, and reform debates
In late 2026, the most discussed fact about Indian courts is also the simplest: there are far more cases waiting than courts can decide quickly. Pendency…