Discuss the role of judiciary in maintaining the federal arrangement in india .??
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An independent judiciary is a Sine qua non for a federal system. To understand why, it's important to understand clearly what a ‘federal system' means.
A federation in the true sense,is a group of states which have come together to form a single political entity ( in other words, a single country). These States come together to form a single entity for several reasons. For example the small States in USA joined to form a federation as they felt being together can make them strategically stronger, economically prosperous and culturally vibrant.
Now before these smaller states form a federation, it's natural for them to lay down certain terms and conditions, certain vision for the federation, strict dos and donts. These terms are laid down clearly in a document called as The Constitution. For ex in the U.S Constitution it is clearly laid down that all there shall be Liberty, Equality and Justice throughout the federation, and that the states shall be strong and independent in all matters except defence etc, and that there will be a President who is the head of the single entity elected in so and so way etc.
The reason why these terms are written down and signed by every acceding member is to avoid any future conflicts. Now it is written that all states of USA have the right to impose tax in their jurisdiction, and that all the states also have a duty to treat it's citizens equally. Now if these duties or rights are violated by either the Federal govt or the state, then the affected state or individual can approach the judiciary seeking relief. The violating party can't deny it since it's already laid down in the Constitution, therefore it is liable to be punished.
Who decides what is wrong and who is the violator? The judiciary does that. On what basis? On the basis of the terms in the Constitution.
Now imagine if the judiciary is not independent and the Federal govt decrees that the salaries of all the judges will be slashed to half if they do not judge in their favour in a particular case. Let the case be that the Federal govt is trying to usurp the taxation powers of the states. Only if the judiciary is independent and impartial can we expect the state whose power is being usurped, to get justice. A biased or a dependent judiciary cannot decide fearlessly.
That is the reason why when these states are coming together and writing a document of terms and conditions ( i.e Constitution), The independence of Judiciary is essentially mentioned. Because if there is no impartial adjudicator, then there is no meaning to terms and conditions laid down.
Therefore, in a federal set up judicial independence is highly important, to prevent the usurption of power by either centre or states, and to maintain the Federal balance.
Even in the case of dispute between two states, this need for independent and impartial Judiciary is felt.
Thus, both the Constitution and the independent Judiciary provided by it is indispensable in a federal set up.
Thank you.
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Chandan Jha, UPSC aspirant
Answered Jul 21, 2016
Since you are an Indian my friend.
India is not federal completely. It's quasi-federal in which quasi means half. Because of checks and balances system. Our country runs.
Independent judiciary is important here because government works for a certain period of time. It works and it has to pass the election to get elected again.
Here because government can go anytime. Because a sense of insecurity of losing sattaand on the other hand, hundreds of challenges which our country is facing. They fail to manage both and bend towards the easy option. They indulge in corruption and lobbying, against which there has to be some independent/ unbiased opinion/judgement which states guilty on the basis of evidence and not good relations with government officials.
That's why you hear "Supreme Court or High Court judgement" .
Here the body means more than a judge in particular.
A federation in the true sense,is a group of states which have come together to form a single political entity ( in other words, a single country). These States come together to form a single entity for several reasons. For example the small States in USA joined to form a federation as they felt being together can make them strategically stronger, economically prosperous and culturally vibrant.
Now before these smaller states form a federation, it's natural for them to lay down certain terms and conditions, certain vision for the federation, strict dos and donts. These terms are laid down clearly in a document called as The Constitution. For ex in the U.S Constitution it is clearly laid down that all there shall be Liberty, Equality and Justice throughout the federation, and that the states shall be strong and independent in all matters except defence etc, and that there will be a President who is the head of the single entity elected in so and so way etc.
The reason why these terms are written down and signed by every acceding member is to avoid any future conflicts. Now it is written that all states of USA have the right to impose tax in their jurisdiction, and that all the states also have a duty to treat it's citizens equally. Now if these duties or rights are violated by either the Federal govt or the state, then the affected state or individual can approach the judiciary seeking relief. The violating party can't deny it since it's already laid down in the Constitution, therefore it is liable to be punished.
Who decides what is wrong and who is the violator? The judiciary does that. On what basis? On the basis of the terms in the Constitution.
Now imagine if the judiciary is not independent and the Federal govt decrees that the salaries of all the judges will be slashed to half if they do not judge in their favour in a particular case. Let the case be that the Federal govt is trying to usurp the taxation powers of the states. Only if the judiciary is independent and impartial can we expect the state whose power is being usurped, to get justice. A biased or a dependent judiciary cannot decide fearlessly.
That is the reason why when these states are coming together and writing a document of terms and conditions ( i.e Constitution), The independence of Judiciary is essentially mentioned. Because if there is no impartial adjudicator, then there is no meaning to terms and conditions laid down.
Therefore, in a federal set up judicial independence is highly important, to prevent the usurption of power by either centre or states, and to maintain the Federal balance.
Even in the case of dispute between two states, this need for independent and impartial Judiciary is felt.
Thus, both the Constitution and the independent Judiciary provided by it is indispensable in a federal set up.
Thank you.
1.3k Views · View Upvoters
Upvote · 6
Comment...
Promoted by Webjets.io
Learn visually.
A simple app for learning and organizing stuff. Try today - It's free.
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Chandan Jha, UPSC aspirant
Answered Jul 21, 2016
Since you are an Indian my friend.
India is not federal completely. It's quasi-federal in which quasi means half. Because of checks and balances system. Our country runs.
Independent judiciary is important here because government works for a certain period of time. It works and it has to pass the election to get elected again.
Here because government can go anytime. Because a sense of insecurity of losing sattaand on the other hand, hundreds of challenges which our country is facing. They fail to manage both and bend towards the easy option. They indulge in corruption and lobbying, against which there has to be some independent/ unbiased opinion/judgement which states guilty on the basis of evidence and not good relations with government officials.
That's why you hear "Supreme Court or High Court judgement" .
Here the body means more than a judge in particular.
Answered by
1
The Judiciary in India performs various important role and functions which do not remain confined within the traditional jurisdiction of Civil and Criminal:
1. Prevention of violation of law: In case of violation of law, a suit is filed against the offender. The judge hears both sides and decides whether there has been a break of the law. In case of violation of law, the judiciary establishes justice by providing redress and punishing the offender.
2. Making of new law: The judges, by way of interpreting the existing laws, make new laws. The judiciary can follow precedents established in previous decisions; it can also overrule such precedents, and thereby, makes new law.
3. Decides on constitutional questions: The highest federal Court, namely the Supreme Court, decides constitutional questions. If there is any constitutional conflict or dispute between the Union and the States or among different States, the dispute is brought to the federal Court who decides and acts as the guardian of the federal constitution. There are hundreds of such constitutional cases decided by the Indian Judiciary, Gopalan vs. the State of Madras, Golak Nath vs. State of Punjab are few examples.
4. Interprets the constitution and Laws: In addition to adjudication, the responsibility of safeguarding and interpreting the constitution and law rests on the judiciary. In the United States the power of the interpretation is absolute as expressed in the words of Chief Justice Charles Evan Hughes: We are under a constitution but the constitution is what the judges say it is. But the Indian Court does not enjoy the vast power in this area.
5. Administrative functions: The judges perform certain executive functions. Appointments of officers and servants, maintenance of records, administration of staff etc. are performed by the judiciary. Superintendence over lower courts is another function of the judiciary.
6. Advisory function: The highest court of the country sometimes gives advices to the executive and the legislature on constitutional points, if sought for. Thus the Judiciary has advisory functions too. If it appears that a question of law or fact has arisen, it may be referred to the judiciary for its advice.
7. Protection of fundamental rights: The Judiciary acts as a protector of rights of the citizens guaranteed by the law of the land and the constitution. The court can declare any law which transgresses a fundamental right as invalid. In India the judiciary has the power to issue writs in the name of habeas corpus, prohibition, mandamus, quo warranto and certiorari.
8. Guardian of the constitution: The Judiciary is regarded as the guardian of the constitution. In federal States this function is discharged by the application of the power of judicial review. The Supreme Court of India enjoys limited power of judicial review in invalidating laws made by Parliament or State Legislatures.
Importance of the Judiciary: The importance of the judiciary in a democratic society can hardly be exaggerated. Judiciary is a part of the democratic process. Judiciary not only administers justice, it protects the rights of the citizens and it acts as the interpreter and guardian of the constitution. In many states the judiciary enjoys the power of judicial review by virtue of which the judiciary decides the constitutional validity of the laws enacted or of the decree issued. It can invalidate such laws and decrees which are not constitutional.
1. Prevention of violation of law: In case of violation of law, a suit is filed against the offender. The judge hears both sides and decides whether there has been a break of the law. In case of violation of law, the judiciary establishes justice by providing redress and punishing the offender.
2. Making of new law: The judges, by way of interpreting the existing laws, make new laws. The judiciary can follow precedents established in previous decisions; it can also overrule such precedents, and thereby, makes new law.
3. Decides on constitutional questions: The highest federal Court, namely the Supreme Court, decides constitutional questions. If there is any constitutional conflict or dispute between the Union and the States or among different States, the dispute is brought to the federal Court who decides and acts as the guardian of the federal constitution. There are hundreds of such constitutional cases decided by the Indian Judiciary, Gopalan vs. the State of Madras, Golak Nath vs. State of Punjab are few examples.
4. Interprets the constitution and Laws: In addition to adjudication, the responsibility of safeguarding and interpreting the constitution and law rests on the judiciary. In the United States the power of the interpretation is absolute as expressed in the words of Chief Justice Charles Evan Hughes: We are under a constitution but the constitution is what the judges say it is. But the Indian Court does not enjoy the vast power in this area.
5. Administrative functions: The judges perform certain executive functions. Appointments of officers and servants, maintenance of records, administration of staff etc. are performed by the judiciary. Superintendence over lower courts is another function of the judiciary.
6. Advisory function: The highest court of the country sometimes gives advices to the executive and the legislature on constitutional points, if sought for. Thus the Judiciary has advisory functions too. If it appears that a question of law or fact has arisen, it may be referred to the judiciary for its advice.
7. Protection of fundamental rights: The Judiciary acts as a protector of rights of the citizens guaranteed by the law of the land and the constitution. The court can declare any law which transgresses a fundamental right as invalid. In India the judiciary has the power to issue writs in the name of habeas corpus, prohibition, mandamus, quo warranto and certiorari.
8. Guardian of the constitution: The Judiciary is regarded as the guardian of the constitution. In federal States this function is discharged by the application of the power of judicial review. The Supreme Court of India enjoys limited power of judicial review in invalidating laws made by Parliament or State Legislatures.
Importance of the Judiciary: The importance of the judiciary in a democratic society can hardly be exaggerated. Judiciary is a part of the democratic process. Judiciary not only administers justice, it protects the rights of the citizens and it acts as the interpreter and guardian of the constitution. In many states the judiciary enjoys the power of judicial review by virtue of which the judiciary decides the constitutional validity of the laws enacted or of the decree issued. It can invalidate such laws and decrees which are not constitutional.
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