The Judiciary

Meaning

  • The judiciary is the third organ of the government that is responsible for evaluating the policies of the government, interpret the Constitution and administer justice.
  • All the courts at different levels in a country put together are called the judiciary.
  • The Indian judiciary consists of a Supreme Court for the entire nation, High Courts in the states, District Courts and the courts at local level.
Supreme Court Of India
Supreme Court of India

Features of Indian Judiciary

  • India has an integrated judiciary. It means the Supreme Court controls the judicial administration in the country. Its decisions are binding on all other courts of the country.
  • It can take up disputes as follows:
    • Between citizens of the country;
    • Between citizens and government;
    • Between two or more state governments; and
    • Between governments at the union and state level.
  • The major feature of Judiciary is its independence. The Independent Judiciary means that it is not controlled either by the executive or the legislature. The courts do not work under the ruling party.
  • The judges of the Supreme Court and the High Courts are appointed by the President on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court.
  • The senior most judge of the Supreme Court is usually appointed the Chief Justice.
  • A judge can be removed only by an impeachment motion passed separately by two-thirds members of the two Houses of the Parliament.
Chief Justice of India, S.A. Bobde
Chief Justice of India, S.A. Bobde
  • The judiciary acts as a guardian of the fundamental rights guaranteed in the Constitution to every citizen. In case of any violation, the individual can seek remedies from the court.

Judicial Review and Judicial Activism

  • The judiciary is responsible for interpreting the law. On the basis of the provisions of the Constitution, the judiciary can make a law passed by the Parliament invalid or unconstitutional along with the executive orders that contradicts the provisions of the Constitution. It is called Judicial Review.
  • The judiciary also entertains an individual who approaches the court for the sake of general public interests.
  • If the government action hampers the rights and interest of the general public, then one can seek remedies on behalf of the public. It is known as Public Interest Litigation.
  • Then the judiciary can give required instructions to the government. This action of Judiciary is called Judicial Activism.
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