Explain functions of judiciary in india
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The
Constitution of India provides for a single integrated judicial system
with the Supreme Court at the apex, High Courts at the middle (state)
level and District Courts at the local level. It also provides for an
independent and powerful judicial system. Judiciary in India acts as the
guardian protector of the Constitution and the fundamental rights of
the people.
Salient Features of Indian Judiciary:
1. Single and Integrated Judicial System:
The
Constitution establishes a single integrated judicial system for the
whole of India. The Supreme Court of India is the highest court of the
country and below it are the High Courts at the state level. Other
courts (Subordinate Courts) work under the High Courts.
2. Independence of Judiciary:
The Constitution of India makes judiciary truly independent.
It provides for:
(i) Appointment of judges by the President,
(ii) High qualifications for appointment as judges,
(iii) Removal of judges by a difficult method of impeachment,
(iv) High salaries, pension and other service benefits for judges,
(v) Independent establishment for the Judiciary.
3. Judiciary as the Interpreter of the Constitution:
The
Constitution of India is a written and enacted constitution. The right
to interpret and clarify the Constitution has been given to the Supreme
Court. It is the final interpreter of the provisions of the Constitution
of India.
4. Judicial Review:
The
Constitution of India is the supreme law of the land. The Supreme Court
acts as the interpreter and protector of the Constitution. It is the
guardian of the fundamental rights and freedoms of the people. For
performing this role, it exercises the power of judicial review. The
Supreme Court has the power to determine the constitutional validity of
all laws. . High Courts also exercise this power.
5. High Court for each states as well a Provision for Joint High Courts:
The
Constitution lays down that there is to be a High Court for each state.
However, two or more states can, by mutual consent, have a Joint High
Court.
6. Supreme Court as the Arbiter of legal disputes between the Union and States:
The Constitution gives to the Supreme Court the jurisdiction in all cases of disputes:
(i) Between the Government of India and one or more states,
(ii) Between the Government of India and any state or states on one side and one or more states on the other, and
(iii) Between two or more states.
7. Guardian of Fundamental Rights:
Indian
judiciary acts as the guardian of fundamental rights and freedoms of
the people. The people have the Right to Constitutional Remedies under
which they can seek the protection of the courts for preventing a
violation or for meeting any threat to their rights. The Supreme Court
and the High Courts have the power to issue writs for this purpose.
8. Separation of Judiciary from the Executive:
The
Constitution of India provides for a separation between the judiciary
and the other two organs of the government. The judiciary is neither a
branch of the executive nor in any way subordinate to it. The judicial
administration in India is oraganised and run in accordance with the
rules and orders of the Supreme Court.
9. Open Trial:
The
courts in India are free. These conduct open trials. The accused is
always given full opportunity to defend himself. The state provides free
legal aid to the poor and needy.
10. Judicial Activism:
Indian
Judicial System has been becoming more and more active. The Supreme
Court has been coming out with judicial decisions and directives aimed
at active protection of public interest and human rights. Judiciary has
been giving directives to public officials for ensuring a better
security for the rights of the public. The Public Interest Litigation
system has been picking up. The system of Lok Adalats has also taken a
proper shape and health.
11. Public Interest Litigation System:
Under
this system the courts of law in India can initiate and enforce action
for securing any significant public or general interest which is being
adversely affected or is likely to be so by the action of any agency,
public or private. Under it any citizen or a group or a voluntary
organisation, or even a court herself, can bring to notice any case
demanding action for protecting and satisfying a public interest.
It
provides for an easy, simple, speedier and less expensive system of
providing judicial relief to the aggrieved public. With all these
features, the Indian Judicial System is an independent, impartial, free,
powerful and efficient judicial system.
Constitution of India provides for a single integrated judicial system
with the Supreme Court at the apex, High Courts at the middle (state)
level and District Courts at the local level. It also provides for an
independent and powerful judicial system. Judiciary in India acts as the
guardian protector of the Constitution and the fundamental rights of
the people.
Salient Features of Indian Judiciary:
1. Single and Integrated Judicial System:
The
Constitution establishes a single integrated judicial system for the
whole of India. The Supreme Court of India is the highest court of the
country and below it are the High Courts at the state level. Other
courts (Subordinate Courts) work under the High Courts.
2. Independence of Judiciary:
The Constitution of India makes judiciary truly independent.
It provides for:
(i) Appointment of judges by the President,
(ii) High qualifications for appointment as judges,
(iii) Removal of judges by a difficult method of impeachment,
(iv) High salaries, pension and other service benefits for judges,
(v) Independent establishment for the Judiciary.
3. Judiciary as the Interpreter of the Constitution:
The
Constitution of India is a written and enacted constitution. The right
to interpret and clarify the Constitution has been given to the Supreme
Court. It is the final interpreter of the provisions of the Constitution
of India.
4. Judicial Review:
The
Constitution of India is the supreme law of the land. The Supreme Court
acts as the interpreter and protector of the Constitution. It is the
guardian of the fundamental rights and freedoms of the people. For
performing this role, it exercises the power of judicial review. The
Supreme Court has the power to determine the constitutional validity of
all laws. . High Courts also exercise this power.
5. High Court for each states as well a Provision for Joint High Courts:
The
Constitution lays down that there is to be a High Court for each state.
However, two or more states can, by mutual consent, have a Joint High
Court.
6. Supreme Court as the Arbiter of legal disputes between the Union and States:
The Constitution gives to the Supreme Court the jurisdiction in all cases of disputes:
(i) Between the Government of India and one or more states,
(ii) Between the Government of India and any state or states on one side and one or more states on the other, and
(iii) Between two or more states.
7. Guardian of Fundamental Rights:
Indian
judiciary acts as the guardian of fundamental rights and freedoms of
the people. The people have the Right to Constitutional Remedies under
which they can seek the protection of the courts for preventing a
violation or for meeting any threat to their rights. The Supreme Court
and the High Courts have the power to issue writs for this purpose.
8. Separation of Judiciary from the Executive:
The
Constitution of India provides for a separation between the judiciary
and the other two organs of the government. The judiciary is neither a
branch of the executive nor in any way subordinate to it. The judicial
administration in India is oraganised and run in accordance with the
rules and orders of the Supreme Court.
9. Open Trial:
The
courts in India are free. These conduct open trials. The accused is
always given full opportunity to defend himself. The state provides free
legal aid to the poor and needy.
10. Judicial Activism:
Indian
Judicial System has been becoming more and more active. The Supreme
Court has been coming out with judicial decisions and directives aimed
at active protection of public interest and human rights. Judiciary has
been giving directives to public officials for ensuring a better
security for the rights of the public. The Public Interest Litigation
system has been picking up. The system of Lok Adalats has also taken a
proper shape and health.
11. Public Interest Litigation System:
Under
this system the courts of law in India can initiate and enforce action
for securing any significant public or general interest which is being
adversely affected or is likely to be so by the action of any agency,
public or private. Under it any citizen or a group or a voluntary
organisation, or even a court herself, can bring to notice any case
demanding action for protecting and satisfying a public interest.
It
provides for an easy, simple, speedier and less expensive system of
providing judicial relief to the aggrieved public. With all these
features, the Indian Judicial System is an independent, impartial, free,
powerful and efficient judicial system.
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