Essay on Role of Judiciary
Table of Contents
Introduction
The judiciary is defined as a system of courts that interprets and handles the applicable laws in the name of the state, a mechanism to settle disputes. Deals with the administration of justice according to law, are handled by this branch of the government. Judiciary a blanket term, which is consisting of courts, judges, magistrates, and other support personnel who are an integrated part of the system.
Ensuring the application of the law, settlement of disputes, and punish law-breakers according to law, etc such matters are handled by the Courts. A judiciary system has significant impact on any country and the life of its citizens, especially in a democracy like India. It ensures the citizens to maintain their rights without any external interference, and maintain law and order in the country. Therefore, it allows every common countryman to appeal for justice without any partiality.
Separation of Powers
The law is absolute and applies to all citizens without taking their education, religious beliefs, caste, creed, language, etc. into account. Hence, it’s intended to protect the citizens from any partial judgement, to ensure that the judiciary system of a country is an independent body. It allows the judiciary to ensure that the judgement is not influenced by anyone, and eliminates the risks of misuse of power by any section of the government.
The independence of the judiciary demands’ separation of powers’. It forbids the legislature and the executive branches of the government from interfering with the decisions and functions of the judiciary. To establish that, the judges of both High Courts and the Supreme Court must be appointed without any external influence or, interference. Moreover, the procedure to remove a judge appointed by the judiciary is quite difficult.
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Structure of Courts in India
The courts in India are divided into three categories, with the top court named as Supreme Court, the middle court named as High Court, and the lower court named as District Court. This system applies the limitations of courts with their jurisdiction and exercise of power.
Supreme Court of India: This is the highest level of the court of the Indian juridical system. Supreme Court plays the role of the guardian of the esteemed constitution of India, and the highest authority of justice for India. The judgement passed by the Supreme Court is above all other modes of justice in India. The apex court is governed by the Supreme Court Rules published in 1966. It is comprised of the Chief justice along with 30 other judges to carry on the operations.
High Court of India: High Courts are confined to the jurisdiction of a state, group of states, or Union Territory. There are 25 High Courts in India taking care of the regional juridical system of India, of which the Kolkata High Court is the oldest.
District Courts: Each state comprises of many districts and these districts have their own or, subordinate courts. These courts are covered by the administrative power of the High Courts and exercise their power of juridical service at the district level. The judgements of the District Courts are reviewed by the jurisdiction of the respective High Court. These are the courts where most citizens appeal to for any dispute in their respective region or, city.
The country follows this integrated judicial system, having maintained a strong connection between the courts at various levels. This appellate system allows the decisions of the upper courts to override the decisions from the previous hearings, from the courts of lower hierarchy. This system allows anyone to appeal to the higher court for a fair trial if they are not satisfied with judgements by the lower court.
Branches of the Legal System of India
The Indian legal system has been divided into two main sections – Civil Law and Criminal Law. The rules for each of the sections vary from one another. The Supreme Court handles both civil and criminal issues as the highest judiciary authority.
Criminal Law: It takes care of the misconduct of citizens, which are crime or, offence by law. It starts with the filing of a report to the local police station, which then begins an investigation. Then the court finally decides on the matter.
Civil Law: These take care of the disputes of violation of citizens’ Fundamental Rights. The parties involved file a petition to the relevant court. Finally, the court hears the matter and provides judgement on the dispute afterwards.
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Access to the Indian courts
As per the Indian Constitution, access to justice is the Fundamental Right of every citizen of the country. Hence, every person, despite their educational, economic, or cultural background, has access to the courts. Though the legal procedures are often expensive and can be extremely slow.
As a solution to this issue, the Supreme Court of India has introduced the system of Public Interest Litigation (PIL). It allows the people to approach the court first with their issue, which is especially helpful for the financially poor. It can be accomplished via a written letter describing the case.
Why is the Judiciary System important?
The Judiciary System of any country acts as the guardian of the constitution. It is a vital organ of government in maintaining law and order, and providing justice in a country. Especially in a country like India, having such an enormous population, it becomes extremely important to have a standardised system to appeal for justice, with a large population, the number of crimes, corruption, and injustice increases by a great margin.
It becomes important for citizens to be able to appeal for justice, no matter what background they come from. With the ever-increasing corruption and crimes, people still have their immense faith in the Judiciary System of the nation because of its parameters of considerations like – relevant facts and laws. Moreover, no external opinion of any person, group, or, organisation has any influence on the decision of the court, keeping the whole procedure legitimate, and just. The juridical system and courts handle situations such as – dispute resolution, judicial review upholding the law, and enforcing Fundamental Rights.
Seven Facts About Role of Judiciary in India
In India, the Supreme Court and other courts are very important because they protect our Constitution. It makes sure that laws and actions of the government follow what is written in the Constitution. This keeps citizen rights safe.
The courts in India are separate and not affected by things outside them. This freedom is very important to keep the law in place and make sure all decisions are fair without bias. Judges are chosen for skill, and they must work without fear or favor.
The high court in India, especially the Supreme Court has power to hear writ applications. This lets it give orders like habeas corpus, mandamus and others to make sure basic rights are safe and justice is done.
One main job of the judges is to settle arguments. This covers both civil and criminal cases, as well as things related to understanding the constitution.
The court keeps basic rights given by the Constitution safe. It can stop laws that break these rights and give orders or decisions to protect the personal freedom of people.
The Indian judges have played a big part in introducing and backing ‘Public Interest Litigation’ (PIL). This lets people go to the court on their own to get fairness in public issues, even if they are not personally impacted. PIL has been a strong way to make sure everyone is treated fairly and people are held responsible.
In India, the judges in court can check laws and orders made by government people for being fair with rules of country. This power makes sure there’s a system to check and balance things, stopping any part of the government from going too far past what they are allowed by law. This keeps rules in place rightly.
Conclusion
Therefore, it becomes very clear that the existence and working of a robust Judiciary System in the country is crucial, especially in a democratic nation like India with such a large population. The courts of India play a crucial role in maintaining the basic Fundamental Rights of its citizens. Justice is nothing less of a necessity for the healthy living of any person. In the eyes of the law, every person has the same value. Hence it gives equal rights to justice for the socially, and economically deprived, which is extremely necessary, given that they face the most amount of discrimination and injustice in any country.
The utility of PIL also plays a vital role in this, and there are various such cases. One such example is – the People’s Union for Civil Liberty’s (PUCL) writ petition to the Supreme Court on behalf of the starving people, in April 2001. It enabled the apex court to include “Right to Food” as a part of ‘Right to Life”, under article 21 of the constitution.
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