The Judiciary


 
 
Concept Explanation
 

The Judiciary

The Judiciary: judiciary refers to an institution empowered to administer justice and provide a mechanism for the resolution of legal disputes. 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 and Subordinate Courts in the states, District courts and the courts at local level and Lok Adalats. India has in integrated or unified judiciary. It means that the Supreme Court controls the judicial administration in the country. Its decisions are binding on all other courts of the country.

  • In India we have the rule of law. This mean is that laws apply equally to all persons and that a certain set of fixed procedures need to be followed when a law is violated. To enforce this rule of law, we have a judicial system that consists of the mechanism of courts that a citizen can approach when a law is violated. As an organ of the state, the judiciary plays a crucial role in the functioning of India’s democracy.
  • What is the role of the judiciary? Courts take decision on a very large number of issues. They can decide that no teacher can beat a student, or the sharing of river waters between states, or they can punish people for particular crimes. Broadly speaking, the work that the judiciary does can be divided into the following:

  • Dispute resolution: The judicial system provides a mechanism for resolving disputes between citizens and the government, between two states government and between the centre and state government.
  • Judicial review: As the final interpreter of the constitution, the judiciary also has the power to strike down particular laws passed by the parliament if it believes that these are a violation of the basic structure of the constitution. This is called judicial review.
  • Upholding the Law and Enforcing Fundamental Rights: every citizen of India can approach the Supreme Court or the high court if they believe that their fundamental rights have been violated.
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