Contents
Introduction
Independent judiciary is part of the basic structure of our Constitution. Indian Constitution has established an independent and integrated judiciary to protect the supremacy of the Constitution. This also allows it to discharge its duties effectively.
Independent and integrated judiciary both are the basic pillars of the Indian Constitution. In this article we discuss key differences between both of them.
Difference between Independent and integrated judiciary
Independent Judiciary | Integrated Judiciary |
| Constitution has established an independent judiciary. Neither legislature nor executive can intrude in its domain. This has been done to ensure judicial independence. | Integrated judiciary refers to the integrated structure of Indian judiciary with the Supreme Court at the top and the state high courts below it. |
| This ensures constitutional supremacy (via the power of judicial review) and allows SC to settle the disputes between the Centre and the states or between the states. | This ensures a single system of courts enforcing both the Central as well as the state laws. In USA, we have a double system of courts wherein federal courts enforce federal laws and state judiciary enforces state laws. |
| Constitution ensures judicial independence via various measures, like security of tenure to judges, fixed service conditions, all the expenses of the SC charged on the Consolidated Fund of India, prohibition on discussion on the conduct of judges in the legislatures, ban on practice after retirement, power to punish for its contempt vested in the SC, separation of the judiciary from the executive and so on. | Constitution ensures integrated judiciary by placing SC at the top, while High Courts, subordinate courts and district courts work below it. |
| It is a federal feature of the Constitution. | It is a unitary feature of the Constitution. |
We hope now you’re clear with the difference between independent and integrated judiciary.
Till next time.
| Read more: Other articles in the ‘Difference between’ series |
