Judiciary: Brief Overview

What is Judiciary?

The judiciary is a crucial part of any country’s legal system. It ensures that everyone plays by the rules and resolves disputes fairly. In simple terms, the judiciary is the branch of government responsible for interpreting and applying the law. When people have disagreements or conflicts, they can bring their issues to the judiciary for resolution. This could be anything from small disputes between individuals to large-scale cases involving businesses or even the government itself.

The article covers a brief overview of the Judiciary, the establishment of the Supreme Court and High Courts, etc.

Judiciary: Introduction

Judges, listen to both sides of the argument presented in court. They examine the evidence, consider the law, and then make a decision based on what they believe is fair and just. Their decisions are based on existing laws, legal precedents (previous similar cases and their outcomes), and sometimes their own interpretation of what the law means.

The judiciary also plays a vital role in upholding the rights and freedoms of citizens. It ensures that everyone is treated equally under the law, regardless of their background, wealth, or power. This means that even the government itself must follow the law and can be held accountable if it doesn’t.

Another essential function of the judiciary is to check the power of the other branches of government—the executive and legislative branches. If a law passed by the legislature or an action taken by the executive is believed to be unconstitutional or against the law, the judiciary can step in to review it and, if necessary, strike it down.

Overall, the judiciary acts as a guardian of justice and fairness in society. Its role is crucial in maintaining order, resolving disputes, protecting rights, and ensuring that the rule of law prevails. Without a strong and independent judiciary, a country’s legal system would lack the foundation needed for a functioning democracy.

Establishment of Supreme Court in India

The establishment of the Supreme Court of India is outlined in the Constitution of India, which was adopted on January 26, 1950. Here’s how it’s established according to the constitution:

1. Constitutional Provisions: Articles 124 to 147 of the Indian Constitution deal specifically with the organization, jurisdiction, powers, and procedures of the Supreme Court.

2. Composition: Article 124 provides for the establishment and composition of the Supreme Court. It states that the court shall consist of a Chief Justice of India (CJI) and such number of other judges as determined by Parliament. However, the Constitution doesn’t specify the exact number of judges. The President of India appoints the judges based on recommendations from the CJI and a collegium of senior judges.

3. Jurisdiction: Article 131 grants the Supreme Court original jurisdiction in disputes between the Government of India and one or more States or between two or more States. It also has appellate jurisdiction over decisions of High Courts and other tribunals as provided by law.

4. Independence: The Constitution guarantees the independence of the Supreme Court. The judges enjoy security of tenure and cannot be removed except by a process of impeachment for proven misconduct or incapacity. Their salaries and allowances are charged on the Consolidated Fund of India and are not subject to parliamentary votes.

5. Advisory Jurisdiction: Article 143 empowers the President of India to seek the opinion of the Supreme Court on questions of law or fact of public importance. However, the court’s opinion is not binding on the President.

6. Roles and Functions: The Supreme Court acts as the guardian of the Constitution, interpreting its provisions, and ensuring their enforcement. It is the highest court of appeal in the country and has the authority to review laws and executive actions for their constitutionality.

7. Appellate Jurisdiction: Apart from being the final court of appeal in civil and criminal matters, the Supreme Court hears appeals in cases involving substantial questions of law as to the interpretation of the Constitution.

The establishment of the Supreme Court of India through the Constitution reflects the commitment to the rule of law, separation of powers, and independence of the judiciary in India’s democratic framework.

Establishment of High Courts

The establishment of High Courts in India is also governed by the Constitution of India. Here’s how it’s outlined according to the constitution:

1. Constitutional Provisions: Articles 214 to 231 of the Indian Constitution deal with the organization, jurisdiction, powers, and procedures of High Courts.

2. Formation and Composition: Article 214 provides for the establishment of High Courts for each state in India. However, the President of India, on the advice of the Governor of the state, may establish a common High Court for two or more states or for two or more states and a union territory. Each High Court consists of a Chief Justice and such other judges as determined by the President. The appointments of judges are made by the President after consultation with the Chief Justice of India, the Governor of the state, and the Chief Justice of the High Court.

3. Jurisdiction: The High Courts have original, appellate, and advisory jurisdiction. They have original jurisdiction in cases involving revenue, civil matters, and other specified cases. Appellate jurisdiction is exercised over judgments and orders passed by subordinate courts within their territorial jurisdiction. High Courts also have advisory jurisdiction where the Governor may seek their opinion on legal matters.

4. Independence: Like the Supreme Court, High Courts enjoy independence in their functioning. The judges have security of tenure and can only be removed through a process of impeachment for proven misconduct or incapacity. Their salaries and allowances are also charged on the Consolidated Fund of the state and are not subject to parliamentary votes.

5. Appointment of Judges: The President appoints the Chief Justice and other judges of the High Courts. The appointments are made after consultation with the Chief Justice of India, the Governor of the state, and the Chief Justice of the High Court. The Constitution provides for a collegium system for recommending appointments to the High Courts, which involves consultation among senior judges.

6. Roles and Functions: High Courts act as the highest judicial authority within the states. They have the responsibility of interpreting state laws, protecting fundamental rights, and ensuring the rule of law. They also exercise supervisory jurisdiction over the lower courts within their respective territories.

The establishment of High Courts under the Constitution of India reflects the federal structure of the country, where each state has its own judiciary to administer justice within its territorial jurisdiction, while also ensuring uniformity and consistency in the application of laws throughout the nation.

Judiciary – FAQs

What is the role of the judiciary in a country’s legal system?

The judiciary plays a crucial role in interpreting and applying the law, resolving disputes, upholding rights and freedoms, and ensuring that all branches of government operate within the bounds of the constitution.

What are the different levels of courts within the judiciary?

Typically, a country’s judiciary consists of multiple levels of courts, including trial courts, appellate courts, and a supreme court. Trial courts handle initial hearings and trials, appellate courts review decisions made by trial courts, and the supreme court serves as the highest appellate court.

How are judges appointed to the judiciary?

The process of appointing judges varies by country. It may involve appointments by the head of state, nominations by a judicial appointments commission, confirmation by the legislative body, or a combination of these methods. The goal is to ensure the appointment of qualified and impartial judges.

What is the significance of judicial independence?

Judicial independence is crucial for maintaining the integrity and impartiality of the judiciary. It ensures that judges are free from undue influence or pressure from the other branches of government or external entities, allowing them to make decisions based solely on the law and evidence presented in court.

How does the judiciary protect the rights of citizens?

The judiciary safeguards the rights of citizens by interpreting and enforcing constitutional provisions and laws that guarantee individual freedoms and protections. It hears cases involving violations of rights, such as discrimination, infringement of privacy, and denial of due process, and issues rulings to uphold these rights.