The Judiciary is the third pillar of the government. It has the obligation to apply the laws to explicit cases and resolve all disputes. Judiciary is the watchdog of fundamental rights and the guardian of the constitution. From a citizen's perspective, Judiciary is the most significant organ of the legislature since it acts as their defender against the potential abundances of administrative and executive organs. As per the Judiciary Exam Eligibility, aspirants having a bachelor's degree in Law can apply for state-wise Civil Judge posts.
Functions of Judiciary in India
The judiciary has so many features and functions in different ways. The following are some of the crucial functions of the judiciary.
To Give Justice to the individuals
The most prominent function of the judiciary is to provide justice to the individuals, at whatever point they approach it. It punishes the individuals who after trial are seen as liable of abusing the laws of the state or the inherent rights of the individuals.
The bothered residents can go to the courts in order to seek change and remuneration. The functions of the judiciary involve setting the amount and nature of punishment to be given to the criminals. It chooses all cases including the award of remunerations to the residents.
Interpretation and Application of Laws:
One of the significant functions of the judiciary is to decipher and apply laws to specific cases. Over the span of choosing the disputes that precede it, the appointed authorities interpret and subsequently apply laws. Each law needs a legitimate understanding of getting applied to each case.
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Role In Law-Making
The judiciary additionally assumes a job in law-making. The decisions passed by the courts truly decide the significance, nature, and extent of the laws passed by the law-making body. The translation of laws by the judiciary adds up to law-making as it is these interpretations that truly characterize the laws making it one of the crucial functions of the judiciary.
Equity Legislation
Where a law is quiet or uncertain or gives off an impression of being conflicting with some other law that everyone must follow, the appointed judges rely on their feeling of equity, reasonableness, unprejudiced nature, trustworthiness, and shrewdness for giving their inherent judgment in the cases.
Protection of Rights
The judiciary has the preeminent obligation to protect the rights of the individuals. A citizen has the privilege to seek protection in the event that hi/her rights are abused or disregarded by the government or by private organizations or fellow citizens. In such cases, it turns into the duty of the judiciary to secure the privileges of the individuals.
Guardian of the Constitution
The Judiciary functions as the WatchGuard of the Constitution. The Constitution is the supreme law that must be adhered to and it is the duty of the legal executive to decipher and protect it. For this reason, the judiciary can lead legal audits over any law to decide whether it is in accordance with the soul of the constitution.
Special Role In A Federation
In a federal system, the legal system needs to function as the WatchGuard of the constitution and the authority to settle debates between the center and states. It acts as a free and fair-minded umpire between the central government and state governments.
Running of the Judicial Administration:
The judiciary isn't a branch of the legislature. It is an autonomous body of both the legislature and the executive. It is a separate and free organ with its own association and authorities. It has the ability to choose the nature of legal organizations in the state. It outlines and authorizes its own guidelines.
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These oversee the enlistment and working of the magistrates and different people working in the courts. It makes and implements rules for the organized and proficient conduct of legal administration.
Advisory Functions
Regularly the courts are given the duty to offer advisory thoughts and opinions to the rulers on any legal issue. For instance, the President of India has the ability to refer to the Supreme Court regarding any inquiry of law or fact which is of public significance.
To Conduct Judicial Inquiries:
Judges are all the time called upon to head Enquiry Commissions established to enquire into some serious episodes resulting because of the supposed mistakes or exclusions with respect to the government or some public workers. Commissions of inquiry headed by a solitary adjudicator are likewise constituted to explore significant and entangled issues and problems.
Other Functions
Other than the above important functions of the judiciary, it likewise undertakes other roles as well. Some of which are appointing certain local authorities of the court, selecting administrative and clerical workers.
Cases identifying with granting of licenses, patents, and copyrights, the admission of wills, to appoint trustees to look after the property of the minors, to settle the issues of successions of property and rights, issue of administrating the estates of deceased persons, the appointment of receivers, naturalization of aliens, marriage and divorce cases and election petitions are also undertaken by the judiciary.
Through every one of these functions of the judiciary, it assumes a significant role in each state. It likewise plays a crucial job in the evolution of the Constitution by exercising its right to interpret and safeguard it against all legislative and executive excesses.
Judiciary System of India
The Judicial System, also known as the court system has the ability to make vital decisions and furthermore authorize the law. The Judicial System comprises of Judges and numerous magistrate officers who collectively form the core of the judiciary system.
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On 26 January 1950, the Indian Constitution was composed and it is the world's biggest constitution ever written. The constitution is the originator of law in India and furthermore is the supreme law of India. The Legal System of India comprises of Supreme Court, High Court, District Court or Subordinate Court.
Supreme Court of India
Under the constitution of India, the Supreme Court is the last court of appeal. Thus, it has the Chief Justice Of India, including 30 judges and different appointed authorities for enforcing jurisdiction. Unsolved or still in question cases are brought up to the Supreme Court, the apex authority to attain justice. In the event that the Supreme Court pronounces a law, it is applicable to every other court of both State as well as Union Territories. Download free Judiciary Exams Question Paper to analyze your preparation levels and be exam ready.
The eligibility criteria to become the Chief Justice Of India is:
- The individual should be a judge in one High court or more, for 5 years or advocate in the high court for 10 years.
- He/she should be a recognized judge in the opinion of the President of India.
High Court of India
As per the Indian Constitution, each state should have one high court. Each High court has 94 appointed judges, out of which 71 have a permanent status and 23 are additional adjudicators.
The eligibility criteria to become a high court judge is
- He/she ought to be a resident of India.
- He/she should be an advocate having 10 years of practice in his/her name.
District Court of India
District courts are subordinate to the high court and hence are also called Subordinate Courts. These courts are established depending on the populace dispersion of the locale and state. It deals with the Civil and criminal issues of the area. A law proclaimed by the district court is applicable to every subordinate court.
The eligibility criteria to apply for high court judge in Judiciary Exams is as explained below:
- He/she ought to be a resident of India.
- He/she should be an advocate having 7 years of practice in his/her name.
Structure of Judiciary in Indian
India features a single integrated legal framework with a pyramidal structure. The Supreme Court (SC) is at the top, high Courts are beneath the SC and underneath them are the district and subordinate courts. The lower courts work under the immediate administration of the higher courts.
Supreme Court of India
- Its decisions are binding on all courts.
- They can transfer judges to high courts.
- SC can cases from any court to them.
- They can also transfer cases from one High court to another.
High Court
- The HC receives appeals from lower courts.
- They can issue writs for restoring fundamental rights.
- Can deal with cases within the jurisdiction of the state.
- Exercises superintendence and control over courts below it.
District Court
- The DC deals with cases arising in the district.
- Considers appeals to decisions given by lower courts.
- decides cases involving serious criminal offenses.
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Subordinate Courts
- Considers cases of civil and criminal nature.
The two crucial branches of the legal framework are:
- Criminal Law: Deals with the perpetrating of a crime by any resident. A criminal case begins when the local police record a crime report. The court ultimately settles the issue.
- Civil Law: Deals with arguments about the infringement of the fundamental rights of a citizen.
How To Become A Civil Judge
Judicial Services Examination or the PCS (J) - Provincial Civil Service, Judicial Examination which they are generally referred to as, are examinations for law graduates to become members of the subordinate judiciary. The state governments under the management of the individual high courts select individuals from the lower judiciary dependent on the examination.
Independent Judiciary in India
Independent Judiciary refers to the ability of individual judges and the Judiciary as a whole to perform their duties freely or control by other members whether the government or private. Many countries deal with independent judiciary through different means of judicial selection or choosing judges. One way to promote an independent judiciary is by granting long term tenure for the judges. This way, the judges can freely work upon cases and make rulings according to the rule of and judicial discretion. The judiciary’s decision is respected and not interfered with by the other organs.
Practically, the independent judiciary is considered both important and difficult to achieve. Also, the type of independent judiciary is highly valued among those who impute to courts a special responsibility for ensuring that individuals and minorities do not suffer illegal or unjust treatment at the hands of the government or a tyrannous majority. Apart from the importance and advantages of Judiciary, there are few disadvantages also. The main disadvantage will include possible abuse of power by judges. Self-interest, ideological dedication, and even corruption may influence the decisions of judges
Access to the Courts
As per the Constitution of India, it is the Fundamental Right of every citizen to have access to the Justice. Thus, every person has the access to the courts. But, in reality, legal procedures are an expensive affair, most certainly for the poor section of the society. In order to resolve this, the Supreme Court introduced the system of Public Interest Litigation (PIL), which allowed every person to approach the court first with their issue. This could be done through simple communication as a written letter stating the case.
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