How can you say that the judiciary in India is one of the most powerful in the world?
Answer
631.8k+ views
Hint: The Judiciary of India is the country's highest body for dispensing justice. The Indian Constitution specifies that the highest judicial body is the Supreme Court of India and that it will do justice without any prejudice based on gender, sex, caste, and religion.
Complete answer:
The Indian Judiciary is considered to be one of the world's most powerful courts because of certain reasons such as:
(i) The judiciary is autonomous in India. It means that it is not under the jurisdiction of the executive or the legislature. The Supreme Court and the High Courts have the authority to interpret the country's Constitution.
(ii) Any law of the legislature or acts of the executive, whether at the level of the Union or the level of the state, may be found unconstitutional if they conclude that such a law or action is contrary to the Constitution.
(iii) Thus, when it is challenged before them, they can decide the constitutional validity of any legislation or activity of the executive in the country. This is regarded as the study of the judiciary.
(iv) The Supreme Court of India has also ruled that Parliament cannot change the central or fundamental principles of the Constitution.
(v) The powers and competence of the Indian judiciary are such that they can serve as guardians of fundamental rights. In the event of any violation of their rights, people have the right to contact the courts to obtain redress. To avoid the abuse of the power of the government to make decisions, the courts interfere. On the part of public officials, they verify malpractices.
(vi) The method of appointing and dismissing the Supreme Court and High Courts judges makes the Indian judiciary very effective.
However, in two other places, there has been an abundance of judicial interference, whether this was called by legislative and executive inactivity or their inefficiencies is a matter of dispute among them.
Note: In the modern past, the term "judicial activism" has been replaced by "judicial overreach". Two other pillars of democracy, i.e. legislative and executive offices, have taken over the duties of the judiciary. Judiciaries worldwide have a primary responsibility to interpret laws and the constitution and to uphold the structural values of a country (democracy in the case of India).
Complete answer:
The Indian Judiciary is considered to be one of the world's most powerful courts because of certain reasons such as:
(i) The judiciary is autonomous in India. It means that it is not under the jurisdiction of the executive or the legislature. The Supreme Court and the High Courts have the authority to interpret the country's Constitution.
(ii) Any law of the legislature or acts of the executive, whether at the level of the Union or the level of the state, may be found unconstitutional if they conclude that such a law or action is contrary to the Constitution.
(iii) Thus, when it is challenged before them, they can decide the constitutional validity of any legislation or activity of the executive in the country. This is regarded as the study of the judiciary.
(iv) The Supreme Court of India has also ruled that Parliament cannot change the central or fundamental principles of the Constitution.
(v) The powers and competence of the Indian judiciary are such that they can serve as guardians of fundamental rights. In the event of any violation of their rights, people have the right to contact the courts to obtain redress. To avoid the abuse of the power of the government to make decisions, the courts interfere. On the part of public officials, they verify malpractices.
(vi) The method of appointing and dismissing the Supreme Court and High Courts judges makes the Indian judiciary very effective.
However, in two other places, there has been an abundance of judicial interference, whether this was called by legislative and executive inactivity or their inefficiencies is a matter of dispute among them.
Note: In the modern past, the term "judicial activism" has been replaced by "judicial overreach". Two other pillars of democracy, i.e. legislative and executive offices, have taken over the duties of the judiciary. Judiciaries worldwide have a primary responsibility to interpret laws and the constitution and to uphold the structural values of a country (democracy in the case of India).
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