Since the introduction of Judiciary in the Indian constitution, it ensures justice for all its citizens, apart from liberties, equality, and fraternity. In Indian democracy, the role of judiciary in India is preserving the fundamental rights of citizens, including the provision of fair justice. Justice is the soul of a democratic state, and it must be delivered without fear or favour. Integrity, impartiality, and intelligence are some of the essential qualities of an independent judiciary in a democracy.
In this article, we will cover the basic introduction of Judiciary, the role, and independence of the judiciary, etc. You will also come to know what are the powers of judiciary in India or various laws, leading cases and articles on independence of judiciary in India are present, etc. in the higher classes.
What is the Role of the Judiciary?
The role of judiciary in India can be summarized in the following points:
The judicial system serves as a mechanism for courts to resolve disputes between citizens, two state governments, citizens and governments, and central and state governments.
The judiciary has the authority to impose special laws passed by the Parliament if it considers that they violate the terms of the basic structure of the Constitution. This is termed as the judicial review.
Upholding the Law and Enforcing Fundamental Rights
Every Indian citizen has the right to appeal to the Supreme Court or the High Court if they feel that their fundamental rights are being violated.
What is an Independent Judiciary?
The independence of judiciary under Indian constitution is a fascinating aspect of the Indian constitution. Let’s have a look at how that is possible.
The judiciary is the protector of the constitution and defender of people's fundamental rights. In order to fulfil this role, the judiciary must be independent.
India has an independent judiciary that enables the courts to play a crucial role in making sure that the legislature and the executive do not abuse power.
It plays a vital role in safeguarding citizens' fundamental rights since anyone can approach the courts if they feel that their rights are being violated.
What is the Structure of Courts in India?
The Indian judiciary follows the system of law, based on recorded judicial precedents, as acquired from the British colonial heritage. The Indian court system consists of the Supreme Court of India, the High Courts, and the District, Municipal, and Village Courts.
It is the Apex court of the state and was established on 28 January 1950. It is the highest court of appeal and receives both the original suits and the appeals of the judgments of the High Court. The Supreme Court is composed of the Chief Justice of India and 25 other judges. The jurisdiction of the Supreme Court is laid down in Articles 124-147 of the Constitution of India.
The High Courts are the highest judicial authority at the state level. Article 214 had laid down the authority of the High Courts. In India, there are 25 High Courts. The High Courts exercise civil or criminal jurisdiction only when the subordinate courts of the State are not qualified to try the matter. The High Courts may also take appeals from the lower courts. The judges of the High Court shall be appointed by the President of India in consultation with the Chief Justice of India, the Chief Justice of the High Court, and the Governor of the State.
District Courts were all established by the State Governments of India for every district or group of districts depending on the caseload and population density. The District Courts are directly administered by the High Courts and are bound by the judgments of the High Court. There are generally two types of courts in each district: civil and criminal. District Courts are headed by District Judges. Additional District Judges and Assistant District Judges may be appointed based on a caseload. Appeals against judgments of the District Court are made in the High Court.
In India, we see an integrated judicial system, which implies that decisions taken by higher courts are enforceable on the lower courts. The appellate system exists in India which allows a person may further appeal to a higher court if they think that the judgment passed by the lower court is not fair.
What are the Different Branches of the Legal System?
Civil courts provide remedies for civil crimes committed by individuals against other individuals and entities. Civil cases range from property disputes to contract infringements to divorce cases. Civil courts adhere to the principle of ‘Ubi jus ibi remedium’ which means for every wrong, the law provides a remedy. Civil courts have the authority to determine all civil suits unless expressly or implicitly prohibited by any other law in force.
It deals with actions that are, or can be, explained as wrongdoing against the public, society, or state—even if an individual is the only immediate victim. The powers of the numerous criminal courts are set out in the Code of Criminal Procedure (CrPC). According to Section 26 of the CrPC, any offence referred in the Indian Criminal Code may be judged by the High Courts, the Courts of Session, and any other court as mentioned in the First Schedule of the Code of Criminal Procedure.
Does Everyone Have Access to the Courts?
In this country, all citizens of India have the right to access the courts. That implies that every citizen has a right to fair trials through the courts. Courts are available to all but, in reality, access to justice has always been difficult for a significant proportion of the underprivileged in India. Legal procedures require a lot of expenses and paperwork and take forever. In response, the Supreme Court devised a Public Interest Litigation or PIL mechanism in the early 1980s to improve the access to justice. It allowed any person or organization to bring a PIL before the High Court or the Supreme Court on behalf of those whose rights have been violated.
The phrase 'justice delayed is justice denied' is sometimes used to define the length of time taken by the courts. However, despite this, it cannot be denied that the judiciary has played a vital role in democratic India, acting as a check on the power and authority of the executive and the legislature, as well as on the protection of the fundamental rights of citizens.