Hlo friends....what is the importance of judiciary in federal system... maximum 3 points......
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(i) Judiciary with the supreme court at the apex is the sole interpreter of Indian federalism.
(ii) It plays a pivotal role in the implementation of constitutional provisions and procedures.
(iii) Judiciary administers both the union and state laws which are applicable to the cases coming up for adjudication.
(iv) The disputes about the division of powers are settled by the High courts and Supreme court.
Hence, judiciary is considered as the guardian of the Indian federalism.
(ii) It plays a pivotal role in the implementation of constitutional provisions and procedures.
(iii) Judiciary administers both the union and state laws which are applicable to the cases coming up for adjudication.
(iv) The disputes about the division of powers are settled by the High courts and Supreme court.
Hence, judiciary is considered as the guardian of the Indian federalism.
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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.
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.
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