what is the role of judiciary in india essay

 

what is the role of judiciary in india essay



What is the role of judiciary in india essay





Three the duty-free the Judiciary is the most important organ of the government as it safeguards the rights of the people, it decides the disputes of the individuals and gives punishment to those who infringe laws but the punishment is given according to law.


In a democracy an important and independent judiciary is a necessity it is the guardian of the Constitution which is the supreme law of the land



The Indian judicial system is a single unified system the Constitution has provided for an independent judiciary headed by the Supreme Court below which there are the high courts at the level of the state and the subordinate courts at the district level.


The whole set up works like a pyramid 


  • Supreme Court 

  • state level

  • high court

  • district level 

  • subordinate court 


All court in India function under the direction and control of the Supreme Court of India.


The Supreme Court the highest court in the country which looks into the functioning of the courts below it, if a person is unhappy with the judgment of a lower court he can move up the ladder and appeal to the higher court


the court deals with two types of cases civil and criminal all cases which are related to property matters damage of goods etc come under civil cases and the cases of theft robbery murder etc come under criminal cases.



Criminal Procedure court



Provides that trials be conducted publicly except in certain cases involving state secrets no person can be arrested without warrants except in cases where delay may cause problems an independent judiciary is a must in a democracy 


So that judges can discharge their duties in basically without any pressure from the legislature or executive, this is the reason why judges are not appointed by the government and a hike in their salaries and other benefits are not in the hands of the government


An independent judiciary does not mean that justice is meted out arbitrarily the judiciary has to follow the rule of no it means that the same laws apply to all citizens or in other words it means equality before law.


High courts


Below the Supreme Court are the high courts at the level of states sometimes two or more states share a high court for example Punjab and Haryana, the High Court comprises a chief justice appointed by the president in consultation with the Chief Justice of India and the governor of the state


The number of judges in high court varies according to size of the state the Chief Justice and other judges of High Court remain in office till the age of 62 for appointment as a judge of High Court a person should be a citizen of India 


He should have worked as a judge in a court for at least 10 years or as an advocate in the High Court for 10 years or he should be a distinguished jurist in the eyes of the president, he can be removed from office by the President of India on receiving a motion passed by the Parliament.



Powers and functions part 1



The High Court is the highest court of justice in a state its original jurisdiction includes matters related to fundamental rights and disputes related to state elections 


The High put hears appeals in civil and criminal cases decided in the subordinate courts, it controls and supervises the working of the lower code it maintains a record of all its decisions and proceedings which are ported by the lawyers and judges in the support in it code 



The Supreme Court 



The Supreme Court is the highest authority of law in our country it is situated in New Delhi, it has one Chief Justice and 25 other judges the President appoints the Chief Justice and with his consultation he appoints other judges of the Supreme Court.



Trivia


The Supreme Court of India was inaugurated on 20th January 1950 the Supreme Court consists of a chief justice and 30 associate judges presently.


On September 2020 there are 31 to 34 judges including Chief Justice of India for appointment as a judge of the Supreme Court a person must be a citizen of India


He should have served as an advocate in a high court for at least 10 years or as a judge in the High Court for five years or he should be a distinguished jurist in the eyes of the president 


The judges of the Supreme Court hold office till the age of 65 years once appointed they cannot easily be removed from their office if found guilty he can be removed by a process called impeachment.


A motion to this effect is passed by the Parliament the procedure for the removal of a judge is made very complicated which bears testimony to the fact that since independence no church has ever been removed from his office


This is done to ensure that judiciary works independently the Chief Justice and other judges of the Supreme Court are paid handsome salaries and given many benefits and announces the objectives behind this is to prevent corruption.


Powers and functions part 2



The Supreme Court is the apex court of our judicial system it has wide jurisdiction of powers which can be divided into 


  1. original 

  2. appellate 

  3. advisory



 Trivia


V Ramaswamy was the justice of the Supreme Court of India and the first judge against whom impeachment proceedings were initiated in independent India the only other judge to face impeachment proceedings is justice sumithra sain of Calcutta High Court.


Original jurisdiction in certain cases the Supreme Court is the sole authority to discharge the function such cases originate in the Supreme Court only Which include


  • the disputes between two state governments

  • the disputes between the central and the state government 

  • the disputes between the central government and some of the state on the other hand

  • also includes the cases involving the violation of the Constitution.


Appellate jurisdiction 


As Supreme Court is the highest judicial body it hears appeals against the judgment of the High Court it can also review its own judgment it hears appears when a high court certifies that a case should be tried in the Supreme Court.


Moreover when a high court reverses the decision of the lower court and a birth-death punishment and appeal can be made in the Supreme Court.


Trivia


The motto of the Supreme Court of India is "tato Dharmas tato Jayah." it means wealth law (dharma) thence victory.

 


Advisory function 


The president can consult Supreme Court for legal advice on public issues however this advice is not binding on the precedent.


The Supreme Court is the court of records all decisions and proceedings are recorded and printed, the lower courts in similar cases can refer to these decisions.



Trivia


India's independent judicial system began under the British and its concepts and procedures resemble those of Anglo-saxon countries.

 


Judicial review 


The Supreme Court has the power to review the laws passed by the legislature all the orders issued by the executive and click whether they are in accordance with the provisions of the Constitution


If the orders or law is in violation of the Constitution the Supreme Court can declare them null and void. 




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