what are the powers of Indian judiciary?
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Prevention of violation of law: In the 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 the case of violation of law, the judiciary establishes justice by providing redress and punishing the offender.
Making of the 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.
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. the State of Punjab are few examples.
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.
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.
Advisory function: The highest court of the country sometimes gives advice 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.
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.
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 the limited power of judicial review in invalidating laws made by Parliament or State Legislatures.
Making of the 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.
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. the State of Punjab are few examples.
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.
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.
Advisory function: The highest court of the country sometimes gives advice 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.
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.
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 the limited power of judicial review in invalidating laws made by Parliament or State Legislatures.
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The Judiciary is the third organ of the government. It has the responsibility to apply the laws to specific cases and settle all disputes.
Functions of Judiciary
1. To Give Justice to the people:
The first and foremost function of the judiciary is to give justice to the people, whenever they may approach it. It awards punishment to those who after trial are found guilty of violating the laws of the state or the rights of the people.
2. Interpretation and Application of Laws:
One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the course of deciding the disputes that come before it, the judges interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific case. This function is performed by the judges. The law means what the judges interpret it to mean.
3. Role in Law-making:
The judiciary also plays a role in law-making. The decisions given by the courts really determine the meaning, nature and scope of the laws passed by the legislature. The interpretation of laws by the judiciary amounts to law-making as it is these interpretations which really define the laws.
4. Equity Legislation:
Where a law is silent or ambiguous, or appears to be inconsistent with some other law of the land, the judges depend upon their sense of justice, fairness, impartiality, honesty and wisdom for deciding the cases. Such decisions always involve law-making. It is usually termed as equity legislation.
5. Protection of Rights:
The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the right to seek the protection of the judiciary in case his rights are violated or threatened to be violated by the government or by private organisations or fellow citizens. In all such cases, it becomes the responsibility of the judiciary to protect his rights of the people
Mark my answer brainlist if its help u
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The Judiciary is the third organ of the government. It has the responsibility to apply the laws to specific cases and settle all disputes.
Functions of Judiciary
1. To Give Justice to the people:
The first and foremost function of the judiciary is to give justice to the people, whenever they may approach it. It awards punishment to those who after trial are found guilty of violating the laws of the state or the rights of the people.
2. Interpretation and Application of Laws:
One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the course of deciding the disputes that come before it, the judges interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific case. This function is performed by the judges. The law means what the judges interpret it to mean.
3. Role in Law-making:
The judiciary also plays a role in law-making. The decisions given by the courts really determine the meaning, nature and scope of the laws passed by the legislature. The interpretation of laws by the judiciary amounts to law-making as it is these interpretations which really define the laws.
4. Equity Legislation:
Where a law is silent or ambiguous, or appears to be inconsistent with some other law of the land, the judges depend upon their sense of justice, fairness, impartiality, honesty and wisdom for deciding the cases. Such decisions always involve law-making. It is usually termed as equity legislation.
5. Protection of Rights:
The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the right to seek the protection of the judiciary in case his rights are violated or threatened to be violated by the government or by private organisations or fellow citizens. In all such cases, it becomes the responsibility of the judiciary to protect his rights of the people
Mark my answer brainlist if its help u
☺☺☺☺☺☺☺.
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