Judiciary and its working Essay And Group Discussion ( Best )
The Indian constitution consists of the legislature, executive and the judiciary. The legislature department is involved in preparing policies and law-making concerns. The executive is involved in implementing the laws created by the legislature body.
The judiciary is an independent department not attached with the legislature or the executive. It is an independent judicial body that is vested with judicial powers and can carry on its judicial activities without direct interference from the government.
Judicial activism in Indian democracy
The judiciary in many ways is closest to the citizens or the nation. The many functions of the judiciary ensure legal protection to the citizens of the country.
If we were to settle a family dispute and go to court seeking relief, we would be advised to apply a case and the proceedings of the court would be held at the respective family courts. Thus, the judiciary ensures fair legal protection to every citizen of this nation.
The judiciary carries out many functions under its umbrella. Every citizen is provided with equal and fair justice under law. Whenever a citizen seeks protection under law, he is ensured such protection under relevant laws of the Indian judicial system. Laws are created by the legislature, executed by the executive and applied by the judiciary.
It is like the father creating the rules of the house, the mother creating suitable environment for its execution and the children applying the rules in their lives. Any country needs a legal framework within which it can operate and make decisions for the country. This legal framework and binding is actually curated by the judiciary to uphold the legal decorum of any nation.
Any violation of the fundamental rights of citizens of the country is acted upon seriously by the judicial system. Every citizen is entitled to certain basic rights termed the fundamental rights under our constitution. The constitution needs protection under law and this is taken care of, by our judicial system. Legal decisions pertaining to every single case is taken by respective judges of courts.
Every such legal decision is brought into enforcement by our judiciary. There are numerous times when we find disputes arising between states, termed inter-state conflicts. The judiciary resolves such inter-state disputes and comes up with an amicable resolution to put an end to such conflicts before they take on political colors.
The water dispute arising every year between Karnataka and Tamil Nadu regarding the sharing of Cauvery waters is a good example in this regard. The case is pending in the Supreme Court and the judiciary is trusted to solve such issues amicably to bring in peace and harmony between the two warring states.
Not just interstate disputes, any conflict that may arise between the center and the state is also solved by the judiciary. Whenever there is any problem in the country where the legal framework gets violated or people act against the legal system of the country, it attracts punishment under various sections of the constitution.
Any such crimes or anti social elements acting against the dignity of our judicial system and the country as a whole is treated as offence and tried under law. Enquiry commissions headed by expert panels of senior lawmakers and judges are usually formed in cases of dispute resolutions.
The enquiry commissions submit a relevant report to the government to let them know of the impending situation and the previous activities thus ensued, thus revoking further action by the government.
Also Read:- How To Prepare For Group Discussion Tips
Functions of Judiciary and Its Importance: ( Judiciary and its Working )
1. To Give Justice to the people:
The first and foremost function of the judiciary is to give justice to the people, whenever they may approach it. It awards punishment to those who after trial are found guilty of violating the laws of the state or the rights of the people.
The aggrieved citizens can go to the courts for seeking redress and compensation. They can do so either when they fear any harm to their rights or after they have suffered any loss. The judiciary fixes the quantity and quality of punishment to be given to the criminals. It decides all cases involving grant of compensations to the citizens.
2. Interpretation and Application of Laws:
One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the course of deciding the disputes that come before it, the judges interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific case. This function is performed by the judges. The law means what the judges interpret it to mean.
3. Role in Law-making:
The judiciary also plays a role in law-making. The decisions given by the courts really determine the meaning, nature and scope of the laws passed by the legislature. The interpretation of laws by the judiciary amounts to law-making as it is these interpretations which really define the laws.
Moreover, ‘the judgements delivered by the higher courts, which are the Courts of Records, are binding upon lower courts. The latter can decide the cases before them on the basis of the decisions made by the higher courts. Judicial decisions constitute a source of law.
4. Equity Legislation:
Where a law is silent or ambiguous, or appears to be inconsistent with some other law of the land, the judges depend upon their sense of justice, fairness, impartiality, honesty and wisdom for deciding the cases. Such decisions always involve law-making. It is usually termed as equity legislation.
5. Protection of Rights:
The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the right to seek the protection of the judiciary in case his rights are violated or threatened to be violated by the government or by private organisations or fellow citizens. In all such cases, it becomes the responsibility of the judiciary to protect his rights of the people.
6. Guardian of the Constitution:
The judiciary acts as the guardian of the Constitution. The Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it. For this purpose the judiciary can conduct judicial review over any law for determining as to whether or not it is in accordance with the letter and spirit of the constitution. In case any law is found ultra vires (unconstitutional), it is rejected by the judiciary and it becomes invalid for future. This power of the court is called the power of judicial review.
7. Power to get its Decisions and Judgements enforced:
The judiciary has the power not only to deliver judgements and decide disputes, but also to get these enforced. It can direct the executive to carry out its decisions. It can summon any person and directly know the truth from him.
In case any person is held:
(i) Guilty of not following any decision of the court, or
(ii) Of acting against the direction of the court, or
(iii) Misleading the court, or
(iv) Of not appearing before the court in a case being heard by it, the Court has the power to punish the person for the contempt of court.
8. Special Role in a Federation:
In a federal system, the judiciary has to perform an additionally important role as the guardian of the constitution and the arbiter of disputes between the centre and states. It acts as an independent and impartial umpire between the central government and state governments as well as among the states. All legal centre-state disputes are settled by the judiciary.
9. Running of the Judicial Administration:
The judiciary is not a department of the government. It is independent of both the legislature and the executive. It is a separate and independent organ with its own organisation and officials. It has the power to decide the nature of judicial organisation in the state. It frames and enforces its own rules.
These govern the recruitment and working of the magistrates and other persons working in the courts. It makes and enforces rules for the orderly and efficient conduct of judicial administration.
10. Advisory Functions:
Very often the courts are given the responsibility to give advisory opinions to the rulers on any legal matter. For example, the President of India the power to refer to the Supreme Court any question of law or fact which is of public importance.
11. To Conduct Judicial Inquiries:
Judges are very often called upon to head Enquiry Commissions constituted to enquire into some serious incidents resulting from the alleged errors or omissions on the part of government or some public servants. Commissions of enquiry headed by a single judge are also sometimes constituted for investigating important and complicated issues and problems.
12. Miscellaneous Functions:
Besides the above major functions, the judiciary also performs several other functions. Some such functions are the appointment of certain local officials of the court, choosing of clerical and other employees. Cases relating to grant of licenses, patents, and copy rights, the appointment of guardians and trustees, the admission of wills, to appoint trustees to look after the property of the minors, to settle the issues of successions of property and rights, issue of administrating the estates of deceased persons, the appointment of receivers, naturalization of aliens, marriage and divorce cases, election petitions and the like.
Through all these functions, the Judiciary plays an important role in each state. It also plays a role in the evolution of Constitution through the exercise of its right to interpret and safeguard it against all legislative and executive excesses.
Importance of Independent Judiciary:
In the life of the citizens of a state, Judiciary is a source of confidence and fearlessness. The common man depends upon judiciary for getting justice. Without a security of rights and freedom guaranteed by the judiciary, they cannot really hope to carry out their jobs and enjoy their living. They are more dependent upon judiciary than the legislature and the executive. Without judicial protection, their lives can become miserable. From citizens point of view Judiciary is the most important organ of the government.
Garner highlights this view when he observes, “A society without legislature is conceivable, and indeed, legislative organs did not make their appearance in the state until modern times, but a civilised state without a judicial organ and machinery is hardly conceivable.”
Judiciary enjoys a big importance in the eyes of the people because it acts as:
(1) The dispenser of Justice.
(2) Protector of the rights of the people.
(3) Guardian protector of the Constitution of the State.
(4) Arbiter of center-state disputes.
(5) Safeguard against Legislative and executive excesses.
(6) Check against arbitrary exercise of powers by the power-holders.
(7) Guardian of Rule of Law and Justice.
An independent judiciary is always considered to be the most essential part of every democratic government worth its name. A government without judiciary is almost inconceivable. A government without independent judiciary is always held to be an authoritarian government.
Importance in Today’s Scenario
A judiciary is very crucial in upholding a democracy like ours. As we all know, cases of injustice against people have risen nowadays. There is unjust discrimination happening and the judiciary must step in to stop all this.
Therefore, it becomes important more than ever to help people feel safe within their own country and homes. Judiciary checks and balances the ones who have power. This helps in preventing people from misusing that power.
In short, in today’s scenario of our country where crimes are happening rapidly, people turn to the judiciary for justice. Thus, we see how it is so very important that judiciary remains just and empowered in the times of darkness. Sometimes, it remains the single ray of hope for people, which is why it is needed more than ever now.
The judiciary of our nation works to provide citizens the much needed civil liberty and highest protection under law. It is the legal framework of the nation, applied by the judiciary that provides every citizen of the country his right to live with dignity.
Be it property disputes, disputes of succession, registration of will, marriage and divorce issues, higher level cases that affect a larger part of the nation etc, the judiciary is the legal umbrella of the nation.
Also Read:- How To Prepare For Group Discussion Tips
What is the role of the judiciary in the country today?
The judiciary plays a major role in a democracy. It safeguards the fundamental rights of the people. Further, it makes new laws and ensures to punish anyone violating these laws. It also administers and appoints officers.
Why is the judiciary important in the country today?
The judiciary is more important than ever now because injustice against people has risen to a great extent in our country. We need it to monitor the people and punish them for their crimes so everyone feels safe and included.
What is importance of judiciary?
The principal role of the judiciary is to protect rule of law and ensure supremacy of law. It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship.
What is meant by judiciary?
Judiciary is the part of a country's government that is responsible for its legal system and which consists of all the judges in the country's courts of law: We need a judiciary that protects the rights of all our citizens.
What is the work of judiciary?
The Judiciary is a system of courts which interpret and apply the law. The role of the courts is to decide cases by determining the relevant facts and the relevant law, and applying the relevant facts to the relevant law.