Basics to Judiciary
Courts play an important role in the functioning of the country and in providing justice to the people of the country. Every individual needs to follow the laws of the country which is interpreted by the Judiciary i.e. Courts. Judiciary resolves the disputes and ensures justice by applying the laws. Majorly, the Courts in divided into three segments:
- Supreme Court
- High Court
- District Court
Each of them has different powers, responsibilities, and jurisdictions.
Judiciary in India
The Judiciary when interpret the laws to keep in mind the Fundamental Rights of the citizens of India, the rules that are laid down in the Constitution for the respective Courts and various other important factors. The judiciary in India acts as the custodian of the Indian Constitution and the protector of the Fundamental Rights. The Constitution acts as the custodian of all the laws of the country. Many laws in India are made according to local customs and religion.
The important features related to the Judiciary are:
- Judicial review: As per Article 137 of the Indian Constitution, the Supreme Court and
High Courts have given the power to declare any law void when it is unconstitutional or in derogation with the Fundamental Rights. The laws which are contrary to the Fundamental Rights are declared as void by the judiciary, as per Article 13 of the Indian Constitution.
- Separation of Powers: Article 50 of the Indian Constitution states that there should be Independence of Judiciary. There are 3 organs of the Government:
Legislative: This is the organ that makes the Law.
Executive: The one that executes/implements the Law.
Judiciary: It helps in the execution of the laws.
This is done to ensure that the three organs work together and independently. The other organs of the Government must not restrain the functioning of the judiciary in such a way that it would not be able to do justice. The Constitution of India had granted rights to citizens to ensure equality and protects them from any partial judgment. The Supreme Court is considered as the “watchdog of democracy.”
Functions of Judiciary
Interpretation of law
The foremost function of the Judiciary is to interpret the law from the Constitution and other Acts in such a way so as to provide justice to the victim and punishment to the accused.
They go through the facts of the case and analyse what legal rights of parties in the case are affected and what law should be applied in this situation.
Guardian of the Constitution
Our Constitution gives the right to all citizens to protect them from inequality and the Court protects these rights. The higher Courts of the country are given the authority to protect and be the guardian of the Indian Constitution. This is done by declaring some laws as “ultra vires” on the rationale of “procedure established by law”. It is not only the guardian of the Constitution but it also modifies the Constitution with the changing conditions.
Custodian of Civil Liberties
The judiciary protects individual liberty by punishing those who intrude against it. If someone’s Fundamental Rights are infringed then they can file a writ petition directly in the Supreme Court of India under 32 and in the High Court under Article 226 of the Indian Constitution.
Resolves the disputes of jurisdiction between the Centre and State Governments in Federations
The Constitution of India establishes a federal structure to the Indian Government, so the powers are divided between the Centre and the States. There are chances that disputes may arise between the Centre and the State over the jurisdiction. Therefore, the Supreme Court is given the right to decide these disputes.
As per Article 143 of the Constitution of India, the Supreme Court may advice the President on the legal issues.
The Supreme Court and the High Courts have the authority to appoint their local officials and subordinate staff.