Judiciary: concept and functions

Theoretical overview

The functions of the Judiciary are to interpret laws and settle disputes. It is also called the watchdog of democracy. As the guardian of the constitution, it takes care of justice. There are three types of Judiciary in India, namely Supreme Courts, High Courts, and District Courts.

The Supreme Court: The Supreme Court of India replaced the Federal Court of India and the Judicial Committee of the Privy Council on 28th January 1950. It is the highest court in the country and the final court of appeal. It has 31 judges, including one Chief Justice. Precedents set by the court and its decisions are binding on all lower courts of the country. Articles 124 to 147 of the Constitution of India deal with the constitution, powers, and jurisdiction of the Supreme Court.

The High Courts: All the High Courts of all the States in India are on the same level and have the same powers. There are 25 high courts in total, and each has at least one state under its jurisdiction. The decisions of the High Courts can be overturned by the Supreme Court. Articles 214 to 231 deal with the jurisdiction and powers of the High Courts.

The District Courts: The District Courts are subordinate to the High Courts. These are present at the district level and they deal with both criminal and civil cases. When dealing with a criminal case, the District Court assumes the name of the Sessions Courts. The District Court and other subordinate courts derive their powers from Articles 233 to 237.

Functions of Indian Judiciary

1. Administration of justice: The chief function of the judiciary is to apply the law to specific cases or in settling disputes. When a dispute is brought before the courts it ‘determines the facts’ involved through evidence presented by the contestants. The law then proceeds to decide what law is applicable to the case and applies it. If someone is found guilty of violating the law in the course of the trial, the court will impose a penalty on the guilty person.
2. Creation of judge-case law: In many cases, the judges are not able to, or find it difficult to select the appropriate law for application. In such cases, the judges decide what the appropriate law is on the basis of their wisdom and common sense. In doing so, judges have built up a great body of ‘judge-made law’ or ‘case law.’ As per the doctrine of ‘stare decisis’, the previous decisions of judges are generally regarded as binding on later judges in similar cases.
3. Guardian of the Constitution: The highest court in India, the SC, acts as the guardian of the Constitution. The conflicts of jurisdiction between the central government and the state governments or between the legislature and the executive are decided by the court. Any law or executive order which violates any provision of the constitution is declared unconstitutional or null and void by the judiciary. This is called ‘judicial review.’ Judicial review has the merit of guaranteeing the fundamental rights of individuals and ensuring a balance between the union and the units in a federal state.
4. Protector of Fundamental Rights: The judiciary ensures that people’s rights are not trampled upon by the State or any other agency. The superior courts enforce Fundamental Rights by issuing writs.
5. Supervisory functions: The higher courts also perform the function of supervising the subordinate courts in India.
6. Advisory functions: The SC in India performs an advisory function as well. It can give its advisory opinions on constitutional questions. This is done in the absence of disputes and when the executive so desires.
7. Administrative functions: Some functions of the courts are non-judicial or administrative in nature. The courts may grant certain licenses, administer the estates (property) of deceased persons and appoint receivers. They register marriages, appoint guardians of minor children and lunatics.

Independent judiciary

Justice is possible only if the judiciary is independent, impartial and unbiased. The judiciary not only protect the rights of the citizen but also resolve various disputes arising out of civil cases, criminal cases and constitutional matters without any pressured from the executive or legislature. Our constitution has various provisions which makes our judiciary independent and keeps it free from the influence of the legislature and the executive.

There are special provisions that insure the independence of judiciary in India.

The judges are appointed on the basis of their qualifications, judges can not be removed easily there is a special processor to remove them called impeachment. The judges are paid adequate salary. The tenure of judge is fixed.

There are two types of cases which are brought before the court. They are civil cases and criminal cases .

The civil cases relate to the disputes over property, marriage, money, rent , purchase of goods etc. they also includes infringement or violation of rights of individuals. There are civil laws to settle and decide the civil cases.

The criminal cases involves offence like robberies,, murders, cheating, harassing of women, beating , violence, kidnapping etc. usually criminal cases begin with the lodging of an FIR( First Information Report) after investigation by police the case is filed in the court. In the case the crime is proved the accused can be either sent to jail or fined or in some cases both fine and jailed.

Single unified and Integrated judicial system

The unique feature of our federal democratic set up is a single unified and integrated judicial system for the whole country. It has got power to supervise and control the working of entire judicial system in India. It ensures justice to all. The Supreme Courts at the apex is the highest judicial authority followed by the High Court in the states and then the Court of Magistrate. The lower courts are controlled and supervised by the High Courts. A judgement given by the lower court an be challenged in the higher court. Similarly, an individual can go the supreme court of India to appeal against the judgement of a high court. The constitution say that the law declared by the supreme court shall be binding on all the court.

Points to remember

1. The functions of the Judiciary are to interpret laws and settle disputes.
2. It is also called the watchdog of democracy.
3. . There are three types of Judiciary in India, namely Supreme Courts, High Courts, and District Courts.
4. Justice is possible only if the judiciary is independent, impartial and unbiased.
5. The unique feature of our federal democratic set up is a single unified and integrated judicial system for the whole country.