Functions of Judiciary 2023

Readers' Digest: The Judiciary's functions include interpreting laws and resolving disputes. It is also known as the democracy's watchdog. It is responsible for justice as the constitutional guardian. There are three types of courts in India: Supreme Courts, High Courts, and District Courts. In this article, we will look at all of the Judiciary functions in detail.

The Judiciary is one of the most important government departments. It is not just a department but a critical department with many functions, including safeguarding crucial and constitutional freedoms and protecting against possible legislative and executive excesses.

The following are some of the crucial functions of the Judiciary.

To Give Justice to Individuals

The most prominent function of the Judiciary is to provide Justice to individuals at whatever point they approach it. It punishes the individuals who, after trial, are seen as liable for abusing the laws of the state or the inherent rights of the individuals. 

The bothered residents can go to the courts to seek change and remuneration. The judiciary functions involve setting the amount and nature of punishment given to criminals, and it chooses all cases, including the award of payments to the residents. 

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Interpretation and Application of Laws

One of the significant functions of the Judiciary is to decipher and apply laws to specific cases. For choosing the disputes that precede it, the appointed authorities interpret and subsequently use rules. Each law needs a legitimate understanding of getting applied to each case. 

Also Read: Important Judgements For Judiciary Exams

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 rules by the Judiciary adds to law-making as these interpretations 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 conflicting with some other law that everyone must follow, the appointed judges rely on their feeling of equity, reasonableness, impersonal nature, trustworthiness, and cunning for giving their inherent judgment in the cases. 

Protection of Rights

The Judiciary has an outstanding obligation to protect the rights of individuals. Citizens can seek protection if their rights are abused or disregarded by the government, private organizations, or fellow citizens. In such cases, it becomes the Judiciary's duty to secure the individuals' privileges. 

Guardian of the Constitution

The Judiciary functions as the WatchGuard of the Constitution. The Constitution is the supreme law that must be adhered to. Also, the legal executive must decipher and protect it. For this reason, the Judiciary can lead legal audits over any law to decide whether it is following the soul of the Constitution. 

Unique 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 centre and states. It acts as a free and fair-minded umpire between the central and state governments. 

Running of the Judicial Administration

The Judiciary isn't a branch of the legislature; it is an autonomous body of the legislature and the executive. It is a separate and free organ with its association and authorities. It can choose the nature of legal organizations in the state, and it outlines and authorizes its 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. 

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 can refer to the Supreme Court regarding any inquiry of law or fact of public significance. 

To Conduct Judicial Inquiries

Judges are called upon to head Enquiry Commissions. These commissions are established to investigate severe episodes resulting from the supposed mistakes or exclusions concerning 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

Besides the above essential functions of the Judiciary, it likewise undertakes different roles. Some of these are appointing certain local authorities of the court and selecting administrative and clerical workers. 

Cases identifying with granting of licenses, patents, and copyrights, the admission of wills, appointing trustees to look after the property of minors, settling the issues of successions of property and rights, point 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 judiciary functions, 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 power to make vital decisions. If the Supreme Court pronounces a law, it applies to every other State and Union Territories court. Download the free Judiciary Exams Question Paper and authorize the law. The Judicial System comprises 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, the world's most extensive. The Constitution is the originator of law in India and is the supreme law of India. India's Legal System comprises the 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. If the Supreme Court pronounces a law, it applies to every other court of states and Union Territories. Download the 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 five years or an advocate in the High Court for ten years. 
• They 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, of which 71 have permanent status and 23 are additional adjudicators. 

The eligibility criteria to become a high court judge is 

• They ought to be a resident of India. 
• They should be an advocate having ten years of practice in their name.

District Court of India 

District courts are subordinate to the High Courts and are called Subordinate Courts. These courts are established depending on the populace's dispersion of the locale and state. It deals with the civil and criminal issues of the area. A law proclaimed by the district court applies to every subordinate court. 

The eligibility criteria to apply for high court judge in Judiciary Exams are as explained below:

• They ought to be a resident of India and an advocate with seven years of practice in their 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 the district and subordinate courts are underneath them. 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 supervision 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 offences.

Also Read: Check Complete Judiciary Jobs List & Job Roles Details

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, and 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, generally referred to as examinations for law graduates to become members of the subordinate Judiciary. Under the management of the individual High courts, the state governments select individuals from the lower bench dependent on the examination. 

Independent Judiciary in India

Independent Judiciary refers to the ability of individual judges and the Judiciary to perform their duties freely or control 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 to the judges. This way, the judges can freely work on cases and make rulings according to the rule of judicial discretion. The Judiciary's decision is respected and not interfered with by the other organs.

Practically, the independent Judiciary is considered both essential and challenging to achieve. Also, the type of independent Judiciary is highly valued among those who attribute to courts a special responsibility for ensuring that individuals and minorities do not suffer unfair or unjust treatment at the hands of the government or a tyrannous majority. Apart from the importance and advantages of the Judiciary, there are a few disadvantages. The main disadvantage will include the possible abuse of power by judges. Self-interest, ideological dedication, and even corruption may influence judges' decisions.

Access to the Courts

As per the Constitution of India, it is the Fundamental Right of every citizen to have access to Justice. Thus, every person has access to the courts. But, in reality, legal procedures are expensive, most certainly for the poor section of society. To resolve this, the Supreme Court introduced the Public Interest Litigation (PIL) system, which allowed every person to approach the court first with their issue. This could be done simply by writing a letter stating the case.

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Conclusion - We hope this blog solves all your doubts about the function of the judiciary. Happy Reading!

"A society without legislature is conceivable, and indeed, legislative organs did not appear in the state until modern times," Prof. Garner says, "but a civilized state without a judicial organ and machinery is hardly conceivable."