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Key Takeaways

  • It is the sole responsibility of the Supreme Court of India and the various High Courts to protect the fundamental rights of the citizens in our country and uphold constitutionalism. Hence, that wide powers were needed to be given to the courts of law so that they would be able to exercise the function accorded to them and attain the objective set out in the preamble of the Constitution.
  • The Indian Constitution protects the citizens from any partial judgement. That’s why supreme power is given to the Judiciary so that they can make decisions based on the rule of law.
  • The Judiciary under the Constitution plays a very vital role. It is regarded as a powerful institution vital for the functioning of democracy all around the world as it is accorded with the power and function of deciding cases and disputes touching all facets of human lives and relationships.
  • The Supreme Court and High Courts do not only act as the arbiters to determine or resolve disputes that may arise between the centre and the states or between states, but also interpret the laws made.
  • One of the unique features of the Indian Judiciary is that it has the power to determine the validity of Constitutional amendments and other legislative and executive actions which perhaps is nowhere seen under any other Constitution whether codified or uncodified.
  • All the decisions of the Judiciary are binding and are a punishable offence if not followed. If there is a judicial body in our nation justice will always be an option.

Introduction

It has been more than seven decades that we inherited a well-entrenched system of judicial administration besides elaborate codified, substantive, and procedural laws from Britishers. These laws have generally stood the test of the time. They were then adopted, amended, or even removed as per the requirement and development of the Indian Society. Over the years we have fine-tuned the judicial administration to meet the needs of changing times and aspirations of modern India. A nation without an independent and bold Judiciary will never see justice, will never have anything to stop the rainy days of unlawful activities, will not have an independent authority to keep a check on the other agencies of the state - namely legislature and executive. Judiciary is the backbone of the government because whenever there is a dispute between the centre and the state, between the state and the citizens and among the states, Judiciary is the one that can control or decide for the conflicts. Judiciary checks and balances the legislative or executive actions of the government as well. The role played by Judiciary is highly appraisable. It Is moving its approach from outdated methods of punishment towards innovative methods of punishment. The efforts that Judiciary takes towards the welfare of a nation has found recognition over the past years uncollected lots of appreciation. A judgment when once passed by the Judiciary is binding upon absolutely everyone. Not adhering to the judgement can lead to consequences and punishment. It is the sole responsibility of the Supreme Court and high courts in India to protect the fundamental rights of the citizens in our country. So, it is natural that wide powers should be given to the courts so that they will maintain harmony and attend to the objective set out in the preamble of the Constitution.

Brief Of the Constitutional Framework

  • The Constitution of India is the lengthiest Constitution in the world. There are 3 bodies to democracy that are legislature, executive and Judiciary.
  • Legislature is the law-making body. There are 2 houses that are Lok Sabha, the lower house and the Rajya Sabha. the upper house.
  • Bills are drafted and passed with the majority of the Lok Sabha. Then after passing the bill moves to Rajya Sabha for discussion and if it is fast in the Rajya Sabha then it moves to the president for taking the assent.
  • Once assent is given by the president the bill becomes the law.
  • The Executive is another important organ of the Constitution. It looks after the enforcement of the law.
  • If the law is violated, then the Judiciary has the power to punish the guilty. So very important role is played by the Judiciary that is to punish the offender or wrong doer. It is therefore expected from the Judiciary to play its role very cautiously and impartially so that justice should not be denied to anyone on the ground of sex, cast, creed or religion etc.

Role of Judiciary

  • The Indian Constitution protects the citizens from any partial or unfair, biased, or unreasonable judgement. That is why supreme power is given to the Judiciary to make decisions based on the rule of law. The courts in India neither are nor controlled by the government, and they do not represent any political authority.
  • Separation of authority - this basically means that both the legislature and executive are not allowed to interfere in the functioning of the Judiciary. So in order to successfully execute their independent authority the judges of both the Supreme Court and high courts must be appointed without any influence or interference from the branches of the government or from private or partition interests.
  • Structure of the courts - the Judiciary is one of the linchpins of democracy the other 2 being the legislature and executive. All 3 organs work in the concert to ensure the effecient functioning of the world’s largest democracy.. However, the executive and legislature need checks on their power.
  • Judiciary's most imperative role is to act as a guardian and as an interpreter of the Constitution.
  • To protect the fundamental and other rights of the citizens of India. To fulfil the duty imposed on the shoulders of the Judiciary.
  • The judicial system is divided into 3 levels of courts in India –
  1. District Court - it is the lowest court situated in every district of each state. This is where most citizens go to for any dispute in their city or religion.
  2. High Court - each state has its own High Court, which is most certainly the highest judicial authority of the state. Any person aggrieved by the order of the District Court can appeal to the High Court for its grievances.
  3. Supreme Court - this is the apex court in any country. all other quotes including the High Court and district codes are subordinate to it. The decision made by the Supreme Court start above all others subordinate quotes and the decision passed by the Supreme Court is final and binding on the parties
  • Dispute resolution -the courts also have the right to punish people for the crimes they commit. Almost every social situation which needs a rule is managed by the Judiciary. The quotes intervene in the conflicts to provide solutions.
  • Judicial review- if there is any violation of the fundamentals of the Constitution the court can even overwrite law passed by the parliament.
  • Upholding the law and enforcing fundamental rights - almost all fundamental rights of Indian citizens are defined in our Constitution. In case any citizen feels that any such right has been violated they can approach the quotes under articles 226 or 32 of the Constitution.
  • The Judiciary also upholds the federal principle of maintaining balance between all bodies of the government.

Judiciary and the Constitution

Judiciary under the Constitution plays a very vital role. As it is one of the powerful institutions of the world it decides cases touching all facts of human lives and relationships. It is the guardian of human rights, protector of the Constitution and promoter of peace and cordiality. The Constitution of India was drafted by the constituent assembly which came into force on 26 January 1950. It contains numbers of provisions that deal with the structure, functions, and power of the Judiciary. It virtually introduced a 3-tier judicial system with the Supreme Court and the High Court in every States and union territories. In India the Judiciary has come to exercise vast powers of judicial review in respect of the legislative and executive functions of the state and of the judicial actions of the Judiciary. The Supreme Court and High Court in India not only act as the arbiters to determine or resolve disputes that may arise between the centre and the state but also interpret the laws made. One feature of the Indian Judiciary is unique that is it has the power to determine the validity of Constitutional amendments which perhaps is seen nowhere under any other Constitution whether codified or uncodified.

Conclusion

Judiciary holds the primary responsibility for ensuring the safety and the dignity of the citizens through suitable legislations and the creation of a mechanism for its enforcement that is of the legislature and executive. When, however, instances of violation of fundamental rights of the citizens take place then some guidelines should be laid down for protection of this right to fill the legislative vacuum. This is where Judiciary takes place and solves the conflict between the disputing parties awarding compensation or punishment accordingly. All the decisions of the Judiciary are binding and are a punishable offence if not followed. If there is a judicial body in our nation justice will always be an option.

Learn the practical aspects of CrPC HERE, CPC HERE, IPC HERE, Evidence Act HERE, Family Laws HERE, DV Act HERE


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