The legislative, the executive branch, and the judiciary comprise the three branches of the Indian government. A system of checks and balances and a division of powers are envisioned in the Indian Constitution. In order to keep the legislature and the executive branch within the bounds of the constitution and to stop them from abusing their authority, the judiciary is essential. The Indian Constitution guarantees the judiciary’s independence from the executive and legislative branches.
what is judiciary?
- The division of duties and authority among the three arms of government, the legislative, executive, and the judiciary, is a defining feature of democracies. The three branches balance one another’s abilities.
- The third arm of a democratic government is the judiciary. In the name of the state, the judiciary interprets the law, resolves conflicts, and upholds the Constitution.
- The responsibility of the judiciary is to guarantee equal justice under the law. The separation of powers principle mandates that the branch be completely impartial, nonpartisan, and independent.
role of judiciary in india
The various roles of judiciary of india are as follows:
- Judges are unable to decide which course of action is most appropriate for the given situation. They use common sense and intelligence to guide their decisions. These rulings contribute to the body of “judge-made law” or “case law” that is established. Most judges consider their earlier rulings to be obligatory for judges in instances that are comparable in the future.
- The Supreme Court is the Constitution’s defender. Any disputes between the federal government as well as the state governments are resolved by the courts. A statute or order may be ruled void by the Supreme Court if it breaches any constitutional provisions.
- Ensuring that the State and other parties do not violate people’s rights is one of the judiciary’s primary duties. By issuing writs, the Supreme Court upholds the Fundamental Rights.
structure of judiciary in india
The structure of the indian judicial system is as follows:
Supreme Court of India
- According to Article 124 (1), the Chief Justice of India (CJI) and other justices appointed by Parliament until a majority of no more than seven judges is prescribed by law shall make up the Supreme Court of India.
- The people’s fundamental liberties and rights are under the guardianship and surveillance of the Supreme Court.
- It defends citizens’ rights guaranteed by the constitution.
- The Superior Court has been effective in defending vulnerable populations’ and citizens’ fundamental rights from the innovations of “an excited democracy.”
- It has taken authority from the Directive Principles of State Policy for this purpose.
High Courts
- It is the highest court in every State. Every State shall have a High Court, according to Article 214.
- Together with District tribunals, which report to the High Courts, the High Courts are the State’s primary civil tribunals having original jurisdiction.
- High courts, however, only use their original civil and criminal jurisdiction when the State’s subordinate courts lack the legal authority or competence to hear cases of this nature due to a lack of financial or territorial jurisdiction.
- High courts may also have original jurisdiction over certain cases that are expressly mentioned in state or federal legislation. For example, only high courts hear cases involving company law.
Subordinate Courts
- District, family, criminal, and civil courts are among the lower courts in the system that report to the High Courts.
- One tier of courts, the Civil Court, handles civil cases, and another, the Criminal Court, handles criminal cases.
- The Criminal Procedure Code (CrPC) governs the power of the Criminal Court, whereas the Civil Procedure Code (CPC) governs the power of the Civil courts.
District Courts
- In India, the primary objective of district courts is to carry out justice at the district level.
- Administrative authority over the District Court is vested in the High Court of the State in the relevant district.
- The relevant High Court has appellate authority over decisions made by the District Court.
- The state-appointed District Judge is in charge of the district court.
- Depending on the backlog of cases, there might be multiple Assistant District Judges and Additional District Judges in addition to the district judge.
Lok Adalats
- The swift settlement of outstanding cases is one of Lok Adalat’s main responsibilities. Lok Adalats tries to facilitate communication and negotiation in order to help the parties reach a fair settlement. This procedure contributes to a more effective legal system by reducing the backlog of cases in regular courts.
- Participation in Lok Adalat is voluntary, setting it apart from traditional legal proceedings. To participate in the process, both sides must voluntarily agree to it, creating an atmosphere that encourages cooperation and compromise. This focus on voluntary involvement is consistent with ADR’s guiding principles.
The Indian judicial system is autonomous and operates in a unique manner. The Indian Constitution does describe all the basic principles pertaining to the composition, powers, and functions of the court. The judiciary is the branch of government with the authority to interpret laws and rules. It is significant because it provides observations based on evolving conditions. As Indian citizens, we must have the utmost faith in our legal system, which enables us to live in a society free from all crimes and offenses.
