March 30, 2022
The judiciary has so many features and functions in different ways. The following are some of the crucial functions of the judiciary.
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.
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.
Also Read: Important Judgements For Judiciary Exams 2021
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.
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.
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.
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.
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.
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.
Also Read: Career Trajectory of a Civil Judge in India
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.
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.
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 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.
Download Free Study Material for Judiciary Exams by Judiciary Gold
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.
Also Read: Judiciary Interview Preparation Strategies & Tricks
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.
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:
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
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:
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
High Court
District Court
Also Read: Check Complete Judiciary Jobs List & Job Roles Details
Subordinate Courts
The two crucial branches of the legal framework are:
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 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
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.
Frequently Asked Questions
What is the main function of the Judiciary in India?
Why do we need to understand the functions of Judiciary?
The following are some of the reasons why it is necessary to understand the functions of Judiciary:
What are the 3 main functions of the judicial branch?
The following are some of the crucial functions of judicial branch:
What is the structure of the Judiciary in India?
Updated On : March 30, 2022
The judiciary has so many features and functions in different ways. The following are some of the crucial functions of the judiciary.
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.
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.
Also Read: Important Judgements For Judiciary Exams 2021
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.
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.
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.
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.
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.
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.
Also Read: Career Trajectory of a Civil Judge in India
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.
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.
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 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.
Download Free Study Material for Judiciary Exams by Judiciary Gold
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.
Also Read: Judiciary Interview Preparation Strategies & Tricks
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.
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:
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
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:
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
High Court
District Court
Also Read: Check Complete Judiciary Jobs List & Job Roles Details
Subordinate Courts
The two crucial branches of the legal framework are:
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 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
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.
Frequently Asked Questions
What is the main function of the Judiciary in India?
Why do we need to understand the functions of Judiciary?
The following are some of the reasons why it is necessary to understand the functions of Judiciary:
What are the 3 main functions of the judicial branch?
The following are some of the crucial functions of judicial branch:
What is the structure of the Judiciary in India?