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What is the role of the Judiciary

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What is the role of the Judiciary

Judiciary of Class 8

Courts take decisions on a very large number of issues. Broadly speaking, the work that the judiciary does can be divided into the following :

  1. Dispute Resolution: The judicial system provides a mechanism for solving disputes between citizens, and the government, between two state governments and between the centre and state governments.
  2. Judicial Review: The judiciary has the power to strike down particular laws passed by the Parliament if it believes that these are a violation of the basic structure of the Constitution. This is called judicial review.
  3. Upholding the Law and Enforcing Fundamental Rights: Every citizen of India can approach the Supreme Court or the High Court if they believe that their Fundamental Rights have been violated.

What is an Independent Judiciary?

  • One aspect of this independence is the 'separation of powers'. The other branches of the State like­ the legislature and the executive - cannot interfere in the work of the judiciary. The courts are not under the government and do not act on their behalf.
  • All judges in the High Court as well as the Supreme Court are appointed with very little interference from other branches of government. Once appointed to this office, it is also very difficult to remove a judge. Independence of the judiciary allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive. It also plays a crucial role in protecting the Fundamental Rights of citizens because anyone can approach the courts if they believe that their rights have been violated.
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