SSC Polity: Judiciary in India (Part-2)
SSC Polity: Judiciary in India (Part-1)
In this article, we have discussed the important SSC GK Polity Notes based on the Indian Judiciary. You will find the important functions performed by Indian Judiciary.
Functions of Judiciary
1. To Give Justice to the people
♦ The first and foremost function of the judiciary is to give justice to the people.
♦ It awards punishment to those who after trial are found guilty of violating the laws or the rights of the people.
♦ The aggrieved citizens can go to the courts for seeking redress and compensation.
♦ They can do so either when they fear any harm to their rights or after they have suffered any loss.
♦ The judiciary fixes the quantity and quality of punishment to be given to the criminals.
♦ It decides all cases involving grant of compensations to the citizens.
2. Making of new law:
♦ The judiciary also plays a role in law-making.
♦ The decisions given by the courts really determine the meaning, nature and scope of the laws passed by the legislature.
♦ The interpretation of laws by the judiciary amounts to law-making as it is these interpretations which really define the laws.
♦ Moreover, ‘the judgements delivered by the higher courts, which are the Courts of Records, are binding upon lower courts.
♦ The latter can decide the cases before them on the basis of the decisions made by the higher courts.
♦ Judicial decisions constitute a source of law.
3. Interpretation and Application of Laws:
♦ One of the major functions of the judiciary is to interpret and apply laws to specific cases.
♦ In the course of deciding the disputes that come before it, the judges interpret and apply laws.
♦ Every law needs a proper interpretation for getting applied to every specific case.
♦ This function is performed by the judges.
♦ The law means what the judges interpret it to mean.
4. Protection of fundamental rights:
♦ The Judiciary acts as a protector of rights of the citizen.
♦ The court can declare any law which transgresses a fundamental right as invalid.
♦ In India the judiciary has the power to issue writs.
5. Guardian of the Constitution:
♦ The judiciary acts as the guardian of the Constitution.
♦ The Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it.
♦ The judiciary can conduct judicial review over any law for determining as to whether or not it is in accordance with the letter and spirit of the constitution.
♦ In case any law is found unconstitutional, it is rejected by the judiciary and it becomes invalid for future.
♦ This power of the court is called the power of judicial review.
6. Power to get its Decisions and Judgments enforced:
♦ The judiciary has the power not only to deliver judgments and decide disputes, but also to get these enforced.
♦ It can direct the executive to carry out its decisions.
♦ It can summon any person and directly know the truth from him.
7. Advisory function:
♦ The highest court of the country sometimes gives advices to the executive and the legislature on constitutional points, if sought for.
♦ If it appears that a question of law or fact has arisen, it may be referred to the judiciary for its advice.
8. Administrative functions:
♦ The judges perform certain executive functions.
♦ Appointments of officers and servants, maintenance of records, administration of staff etc. are performed by the judiciary.
♦ Superintendence over lower courts is another function of the judiciary.
9. Special Role in a Federation:
♦ In a federal system, the judiciary has to perform an additionally important role as the guardian of the constitution.
♦ It acts as an independent and impartial umpire between the centre and states as well as among the states.
♦ All legal centre-state disputes are settled by the judiciary.
10. Running of the Judicial Administration:
♦ The judiciary is not a department of the government.
♦ It is independent of both the legislature and the executive.
♦ It is a separate and independent organ with its own organisation and officials.
♦ It has the power to decide the nature of judicial organisation in the state.
♦ It frames and enforces its own rules.
♦ These govern the recruitment and working of the magistrates and other persons working in the courts.
♦ It makes and enforces rules for the orderly and efficient conduct of judicial administration.