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Judicial Review refers to the power of courts to examine and invalidate laws, regulations, and government actions that are inconsistent with the Constitution. This principle ensures that all government actions conform to the constitutional framework and protects fundamental rights and liberties.
What are Subordinate Courts?
These are the courts below the District Courts and are divided into various types such as Civil Courts, Family Courts, and Criminal Courts. They handle civil cases such as disputes over property, contracts, and family matters.
What is Judicial Independence?
The independence of the judiciary is a fundamental principle that ensures that the judicial branch operates without undue influence from the executive or legislative branches of government, or other external pressure.
What is Judicial Activism?
Judicial activism involves a more proactive role by the judiciary in shaping public policy and influencing social change. This involves issuing rulings that create new legal standards or expanding existing ones to address contemporary issues.
What Are the Functions of Judiciary? Introduction, Importance & Structure
The article explores the functions of judiciary, giving insights into how courts interpret laws, resolve disputes, and uphold constitutional principles. Discover how the essential functions that empower the judiciary help in balancing government powers and protect individual rights.
Swati Kumar10 Sept, 2024
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Functions of Judiciary:
For aspirants preparing for the judicial exams, understanding the functions of the judiciary is crucial for several reasons. Familiarity with the judiciary's functions equips aspirants to handle questions related to judicial review, legal precedents, and the balance of powers effectively during the exams. It aids in developing critical thinking skills necessary for judicial reasoning and decision-making. A thorough understanding of the judiciary's functions is vital for both passing
judicial exams
and succeeding in a judicial career.
Introduction to Functions of Judiciary
The
functions of Judiciary
are central to the operation of a just and effective legal system. As an essential branch of the government, the judiciary is tasked with upholding the rule of law and ensuring that legal disputes are resolved impartially and fairly. Its role extends beyond merely adjudicating cases, the judiciary also plays a crucial part in interpreting laws, safeguarding constitutional principles, and protecting individual rights.
Through its various functions, the judiciary fosters stability, promotes justice, and upholds public confidence in the legal system. Its ability to provide remedies, interpret laws, and oversee government actions underscores its pivotal role in maintaining a balanced and equitable society.
What is Judiciary?
The judiciary is one of the three main branches of government, alongside the executive and legislative branches. Its primary role is to interpret and apply laws, adjudicate disputes, and administer justice. This branch is responsible for ensuring that laws are followed and upholding individual rights and freedom.
The functions of judiciary operates through a system of courts, which may include trial courts, appellate courts, and supreme courts, each serving different functions of judiciary. Trial courts handle the initial hearings of the cases, appellate courts review decisions made by the lower courts, and supreme courts are the highest authority on legal matters within a jurisdiction. The judiciary also plays a crucial role in checks and balances, overseeing the actions of other government branches to prevent abuse of power and uphold the rule of law.
What are the Functions of Judiciary & Its Importance?
The Judiciary performs several critical functions within a government, ensuring justice and maintaining the rule of law. Some of the key functions are as follows.
Adjudication of Disputes:
The
functions of judiciary
is responsible for resolving legal conflicts by interpreting and applying laws to specific cases. This includes handling civil disputes like contract and property issues and criminal cases such as offenses against the state. Courts hear evidence, make determinations of fact, and issue rulings or sentences.
Interpretation of Law:
Courts interpret statutes and regulations to determine their meaning and application. This includes clarifying ambiguous or unclear legal provisions and ensuring that they are applied consistently in different cases.
Judicial Review:
The judiciary has the power to review and potentially invalidate laws and executive actions that are deemed unconstitutional. This ensures that all branches of government operate within the bounds of the Constitution and protect individual rights.
Protection of Rights and Liberty:
The judiciary safeguards fundamental rights and freedoms, such as freedom of speech, due process, and equal protection under the law. It provides a mechanism for individuals to seek redress if their rights are violated.
Development of Legal Precedent:
Through its decisions, the judiciary establishes legal precedents that guide future cases. These precedents help ensure consistency and stability in the law, as lower courts are generally expected to follow the legal principles established by the higher courts.
Checks and Balances:
The functions of judiciary serves as a check on the powers of the executive and legislative branches. By reviewing the legality of their actions, the judiciary helps prevent abuse of power and ensures that government actions comply with the law and the constitution.
Administrative Oversight:
Courts often oversee various administrative agencies, ensuring that they act within their legal authority and follow fair procedures. This includes reviewing regulatory decisions and actions taken by government bodies.
Structure of Indian Judiciary
The structure of the Indian Judiciary is designed to ensure a systematic and hierarchical system for the administration of justice with mechanisms of appeals and reviews to maintain fairness and uphold the rule of law. It consists of various levels of courts, each with specific functions of judiciary and jurisdictions.
The Supreme Court of India
The Supreme Court is the apex court in the Indian judicial system. It comprises the Chief Justice of India and up to 33 other judges, as determined by the President. The Supreme Court of India hears appeals against decisions of high courts, provides advisory opinions to the President, and handles constitutional matters and public interest litigations (PILs).
Each state or union territory has a High Court, which is the highest court at the state level. It is headed by a Chief justice, with other judges appointed based on the size and needs of the jurisdiction. High Courts hear appeals from subordinate courts, handle original jurisdiction cases involving significant legal issues, and oversee administrative functions of lower courts.
District Courts function at the district level and are the primary courts for general jurisdiction. They handle civil and criminal cases, including family disputes, property issues, and criminal offences. They also hear appeals from lower courts within the district. District Courts are headed by a District Judge, with various additional judges for different types of cases.
Subordinate Courts of India
These are the courts below the District Courts and are divided into various types such as Civil Courts, Family Courts, and Criminal Courts. Civil Courts handle civil cases such as disputes over property, contracts, and family matters. They include lower courts, Subordinate Courts, and Senior Civil Judge Courts.
Criminal Courts deal with criminal cases and include Magistrate Courts and Session Courts for more serious offenses. Family Courts are specialized in family-related matters like divorce, custody, and maintenance.
Independence of Judiciary
The
independence of judiciary
is a fundamental principle that ensures that the judicial branch operates without undue influence from the executive or legislative branches of government, or from other external pressure. Some of the key aspects are as follows.
Impartiality in Decisions:
Judges must be free from bias or external influence, allowing them to make decisions based solely on the law and facts of the case. It is important in upholding justice and public trust in the legal system.
Security of Tenure and Removal:
Judges should have secure and permanent positions until retirement or resignation, making them less susceptible to political or personal pressures. Their removal should be possible only through a formal, transparent process such as impeachment for proven misconduct.
Financial Independence
: The judiciary should have its budget and resources allocated separately from the executive branch.
Appointment and Promotion:
The process for appointing and promoting judges should be transparent and based on merit rather than political considerations. In many systems, this involves a collegium or a judicial selection committee that helps ensure appointments are made based on qualification and integrity.
Public Confidence:
Judicial Independence fosters public confidence in the legal system, as it assures citizens that their cases will be heard fairly and that the law will be applied consistently without favoritism.
Judicial Review
refers to the power of courts to examine and invalidate laws, regulations, and government actions that are inconsistent with the Constitution. This principle ensures that all government actions conform to the constitutional framework and protects fundamental rights and liberties. It acts as a check on the legislative and executive branches, preventing them from exceeding their authority or enacting laws that infringe upon constitutional guarantees.
Judicial Activism,
on the other hand, involves a more proactive role by the judiciary in shaping public policy and influencing social change. When courts are involved in Judicial Activism, they go beyond mere interpretation of the law to actively address and remedy issues that they believe that the legislative and executive branches have failed to address. This involves issuing rulings that create new legal standards or expanding existing ones to address contemporary issues.
While Judicial review is a mechanism to ensure that laws and government actions adhere to constitutional principles, judicial activism reflects a more dynamic approach where courts take an active role in addressing and shaping societal issues. Both concepts are integral to the functioning of the robust legal system but must be balanced carefully to maintain the proper distribution of powers and respect for democratic processes.
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