Role of the Judiciary
Introduction
The Judiciary is one of the three main branches of government, along with the Executive and the Legislature. In most democracies, whether they are parliamentary, presidential, republics, or constitutional monarchies, the Judiciary is independent. This means it works separately from the other two branches to ensure fairness and justice. There are laws and constitutional rules to keep the Judiciary independent, and judges are careful to maintain this independence. However, the Judiciary is not completely unchecked—it must follow constitutional and legal limits.
Judicial Independence
What is Judicial Independence?
Judicial independence means the Judiciary can make decisions without interference from the Executive or Legislature. Judges decide cases based on the law, not on pressure from other branches of government.
Why is it Important?
- Adjudication: The main job of the Judiciary is to settle disputes by applying the law and issuing orders to enforce decisions.
- Fairness in Disputes: Sometimes, the government is involved in a case (as a plaintiff or defendant). Without independence, the government could influence the outcome, which would be unfair to citizens.
- Equal Treatment: An independent Judiciary ensures everyone is treated equally before the law, regardless of their power or status.
History of Judicial Independence
- In the past, monarchs wanted judges to follow their orders.
- As democracies grew, people realized the Judiciary should be independent to protect justice.
- The United States was the first country to include rules for an independent Judiciary in its Constitution.
- U.S. System:
- Judges are appointed by the President, but the Senate must approve.
- Judges serve for life unless they retire or break the law.
- Judges can be removed through a process called impeachment, which requires Congress’s approval.
- In India, the Constitution also ensures judicial independence:
- Judges can only be removed if they break the law, and Parliament must approve the removal.
Judicial System in India
The Indian judicial system is outlined in the Constitution. It has a clear structure:
Supreme Court:
- The highest court in India, led by the Chief Justice of India.
- It handles major cases and appeals from lower courts.
High Courts:
- Each state usually has one High Court, led by a Chief Justice.
- Some states may share a High Court in special cases.
- High Courts supervise District Courts and handle appeals.
District Courts:
One for each district, handling local cases.
Lower Courts:
Deal with minor offenses.
Special Courts:
- Family Courts in big cities handle family disputes.
- Tribunals handle specialized cases (e.g., Armed Forces Tribunal, Income Tax Appellate Tribunal, Maharashtra Administrative Tribunal).
Appeals
If someone is unhappy with a court’s decision, they can appeal to a higher court (e.g., from District Court to High Court, or High Court to Supreme Court).
Appointment of Judges
Supreme Court and High Courts:
- Judges are appointed by the President after consulting the Chief Justice of India and, for High Courts, the state Governor.
- Before the 1990s, the government had a big role in appointments.
- In the 1990s, the Supreme Court created a Collegium System:
- A group of the Chief Justice of India and the four senior-most Supreme Court judges recommends names for appointments.
- This reduces the government’s role.
Functions of the Judiciary
The Judiciary has several important roles:
Adjudication:
- Settling disputes by applying the law.
- Courts can only hear cases within their jurisdiction (the types of cases they’re allowed to handle).
Types of Jurisdiction:
Original Jurisdiction:
- Some cases can only start in certain courts.
- Example: The Supreme Court handles disputes between states or between the central government and states.
Appellate Jurisdiction:
- Courts hear appeals from lower courts.
- Example: The Supreme Court hears appeals from High Court decisions.
Advisory Jurisdiction:
The Supreme Court can give advice to the President on specific matters when asked.
Interpreting the Constitution:
- Courts decide if actions follow the Constitution or laws.
- Example: The Supreme Court ruled that the “Right to Life” includes living in a pollution-free environment.
Protecting Fundamental Rights:
- The Constitution guarantees Fundamental Rights (e.g., right to equality, freedom).
- Courts protect these rights by issuing writs (special orders).
Writs in India
Writs are court orders to protect Fundamental Rights and legal rights. The Supreme Court and High Courts can issue five types of writs:
Habeas Corpus:
Orders someone (e.g., police) to bring a detained person to court to check if the detention is legal.
Mandamus:
Orders a government official or department to do their job.
Prohibition:
Stops a lower court from hearing a case it’s not allowed to handle.
Quo Warranto:
Asks if someone holding a public office is legally allowed to do so.
Certiorari:
A higher court asks a lower court to send case documents for review.
Judicial Activism
What is Judicial Activism?
Judicial activism happens when courts take a broader role in public issues, beyond just settling disputes. Courts may act on their own or allow petitions on public matters.
Examples of Judicial Activism:
Public Interest Litigation (PIL):
- Anyone can file a case about a public issue, even if they’re not directly affected.
- Example: Cases about pollution or human rights violations.
Suo Moto Cases:
Courts start cases on their own if they notice a public problem (e.g., reading about an issue in the news).
Cases of Judicial Activism:
BCCI Reform (Lodha Panel):
The Supreme Court set up a committee to fix corruption and match-fixing in Indian cricket.
National Anthem in Cinemas (2016):
The Supreme Court ordered cinemas to play the National Anthem before movies, and everyone had to stand.
Debate on Judicial Activism:
- Supporters say courts step in when the Executive fails to act (e.g., on corruption or environmental issues).
- Critics say courts are taking too much power, interfering in areas meant for the Executive or Legislature.
Judicial Review
What is Judicial Review?
Judicial review is the Judiciary’s power to check if laws passed by the Legislature follow the Constitution. If a law doesn’t, the court can declare it unconstitutional and stop it from being used.
Why is it Needed?
- The Constitution is the highest law. All other laws must follow it.
- If a law contradicts the Constitution, it could harm people’s rights or the country’s values.
- The Judiciary is independent, so it’s the best branch to check laws fairly (unlike the Executive or Legislature, which make laws).
Where Did it Start?
- Judicial review began in the United States in 1803 with the Marbury vs. Madison case:
- William Marbury was denied a job by the new government.
- The Supreme Court said a law allowing Marbury to approach it directly was unconstitutional.
- This was the first time a court declared a law invalid.
Judicial Review in India
- India’s Constitution doesn’t directly mention judicial review, but it’s implied.
- The Supreme Court can declare laws unconstitutional if they violate the Constitution.
Kesavananda Bharati Case (1973):
- The Supreme Court said Parliament can amend the Constitution, but not its Basic Structure (e.g., democracy, fundamental rights).
- This means even constitutional amendments can be declared unconstitutional if they harm the Basic Structure.
Importance of the Judiciary
- The Judiciary protects the Constitution and people’s rights.
- It ensures justice is fair and quick, making citizens feel secure.
- It stops the government from misusing power.
- For the common person, the Judiciary is the most important branch because it delivers justice.
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