May 10, 2024
Doctrine of Pith and Substance

The judiciary is the watchdog of justice in the intricate structure of a society that is democratic, ensuring that the liberties and rights of individuals remain safeguarded from violation. The indian judiciary, which is often referred to as the “third pillar” of democracy in India, is essential to maintaining the fragile equilibrium of power and maintaining the rule of law.

The significance of this india judicial system stems from the way it can uphold the other organizations of government, interpret laws, and safeguard fundamental rights alongside its adjudicatory role.

about indian judiciary

  • The legal system in India is unified and integrated. The Supreme Court (SC) is the apex of a pyramid that represents the Indian judiciary.
  • District and lower courts are ranked below the SC, which is topped by the High Courts.
  • The upper courts directly oversee the operations of the lesser courts.

india judicial system: Its Independence

  • The legislature and the executive branch of government do not impede the judiciary’s ability to carry out its duties.
  • The other organs respect the indian judiciary‘s decision and do not meddle with it.
  • It implies that judges are free to carry out their responsibilities without fear or favour.

importance of judiciary in india

The public views the indian judicial system as being very important since it serves as:

  • The dispenser of justice.
  • Defender of the people’s rights.
  • The State’s Constitution is the guardian protector.
  • Mediating mediator in centre-state conflicts.
  • Remedy against abuses by the executive and legislative branches.
  • Protect against the holders of authority from arbitrarily using their influence.
  • Defender of the law and justice systems.

judiciary structure in india

The judicial hierarchy in india is:

Supreme Court of India:

  • Founded under Part V of the Indian Constitution, it is the highest court in the country’s legal system. All lower courts must abide by the rulings rendered by the Supreme Court.
  • It can also influence judges of the High Court. Supreme Courts may hear cases that have been transferred from subordinate courts.
  • And lastly, it can transfer a case from a single High Court to another.

High Court of India:

  • In the Indian legal system, this court is ranked as the second most significant. It is founded in accordance with Constitutional Article 141.
  • The High Court has the authority to grant writs for fundamental rights and consider appeals from lower courts.
  • The High Court is also able to handle cases that fall under the State’s purview. High Courts have the power to supervise and direct subordinate courts.

District Courts:

  • The next most important courts in the Indian legal system are the district courts.
  • The cases that come up in the district are handled by these courts. District courts review appeals of decisions rendered by subordinate courts.
  • District courts also make decisions in cases involving significant criminal offenses.

Subordinate Courts:

  • These are the final courts in the Indian legal system’s hierarchy.
  • There are two additional branches of the Indian legal system in addition to the several categories of courts mentioned above. The Indian legal system has two divisions, which are as follows:
  • Criminal Law: It handles situations in which a person or thing violates the law. When a crime report is filed by the local police, a point is recorded. The court makes the final decisions in the relevant criminal proceedings.
  • Civil law: This area of law handles disputes involving the infringement of a citizen’s fundamental rights.

function of judiciary in india

  • Resolving Interstate Conflicts: India’s federal system of government is established under the Constitution. As a result, disputes between each state, the Union, and the States are inevitable. The judiciary, in particular, the Supreme Court, is crucial in settling these kinds of conflicts.
  • Protection of Fundamental Rights: Both citizens and non-citizens, as well as legal and natural people, are granted a number of fundamental rights under Part III of the Constitution. The judiciary keeps an eye out for the infringement of these fundamental rights. The Constitutional courts have the authority to grant writs in the event that any act of the legislature or the administration restricts these rights.
  • Power of Transfer: The Supreme Court possesses two distinct sorts of transfer authorities. It possesses the authority to move judges and cases around. The High Court judges may be moved from one court to another by the Court. It can also shift any court in front of it or transfer cases from one high court to another.

Role of Judiciary

The role of judiciary in india is as follows:

  • Judge-case law creation: In a number of situations, judges are either unable to choose a suitable law for application or encounter difficulty doing so, based on their wisdom and common sense.
  • Administration of Justice: Applying the law to particular circumstances or resolving disputes is the judiciary’s main duty. With the aid of the evidence that the combatants provide, the specific disagreement that has been filed before the court establishes the relevant facts. If someone is proven guilty, charges will be brought against them.
  • Judiciary Inquiries: Chief commissaries, or judges, are in charge of conducting judicial inquiries into instances in which public employees have made mistakes or omitted information.
  • Administrative Duties: The courts perform a number of significant administrative duties that are administrative in character or non-judicial in nature. a few licenses, manage estates, register weddings, designate guardians for small children, and designate insane people.

A robust and independent judiciary is essential to the health of any democracy. The Indian judiciary is responsible for guaranteeing that the laws of the nation are obeyed and the rights of the people are preserved.

Role of Judiciary FAQs

  1. What is the important role of the judiciary?

In order to maintain a balanced democratic system, the judiciary plays a crucial role as a check, defending the rule of law and guarding against the abuse of power.

  • What is the main aim of judiciary?

Ensuring individuals have legal security and the rule of law is the goal of the judicial system.

  • What is the role of judiciary?

Upholding the supremacy of the law and defending the rule of law are the judiciary’s main duties. On an individual or communal level, tyranny is kept at bay, individual rights are safeguarded, and disputes are settled in accordance with the law.

  • What is the role of the judiciary in a modern state?

Justice for the people is the judiciary’s primary duty, regardless of when they seek it out. It punishes individuals who are found guilty of breaking state laws or people’s rights following a trial.

  • How does judiciary work in India?

The common law system is followed by the Indian court system, which was brought about by British colonial legacy and is based on documented judicial precedents. The judicial system in India is composed of the High Courts, district, municipal, and village courts, as well as the Supreme Court.

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