Overview: The Indian Judiciary enjoys a very significant position since it has been made the guardian and custodian of the Constitution. It is a watchdog against violating fundamental rights guaranteed under the Constitution.

The role of the Judiciary is to ensure that law and order is maintained in the Indian Democratic System. Borrowing the words of James Medison, one of the founding fathers of the American Constitution, we can say that the Judiciary in India is "truly the only defensive armour of the country and its constitution and laws." If this armour were stripped of its onerous functions, it would mean "the door is wide open for nullification, anarchy, and convulsion."

In this article, we will cover:

• Role of Judiciary in India for maintaining Law.
• What is the role of a judge in the Judicial System?
• Structure of Indian Judiciary.

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Role of Judiciary for Maintaining Law in India.

The Role of judiciary in India's democratic system is importance for the country's functioning. Here are some critical roles of the Judiciary in India:

1. Guardian of the Constitution: The Judiciary, especially the Supreme Court of India, upholds the Constitution. It ensures that all laws and actions of the Government are in accordance with the Constitution. This role is vital in preserving the fundamental rights and liberties of Indian citizens.
2. Separation of Powers: The Judiciary checks the other branches of Government, namely the legislature and the executive. This separation of powers is essential to prevent any one branch from becoming too powerful and maintain the power balance in the Government.
3. Justice and Rule of Law: The Judiciary is responsible for delivering justice to citizens and ensuring that the rule of law prevails. It interprets and applies laws to resolve disputes and maintain order in society.
4. Protection of Rights: India is a diverse country with a vast population, and the Judiciary protects the rights of individuals and minority groups. It ensures that the rights of all citizens, regardless of their background, are upheld and protected.
5. Judicial Review: The power of judicial review allows the Judiciary to review the Government's and other authorities' actions and decisions. This helps prevent abuse of power and ensure that government actions are in the people's best interests.
6. Legal Precedent: Court decisions set legal precedents that guide future cases. This provides consistency and predictability in the legal system, allowing individuals and businesses to understand their rights and obligations.
7. Social Justice: The Judiciary significantly promotes social justice by addressing issues such as discrimination, inequality, and exploitation. It has delivered judgments on affirmative action, environmental protection, and gender equality.

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Role of the Judiciary in Maintaining the Balance of Power

Please go through the below-mentioned points to know how our Indian Judiciary maintains the balance of power between the executive and legislature.

• One of the essential principles of just democratic governance is the presence of constitutional limits on the extent of government power. 
• Such limitations include regular elections, guarantees of civil rights of citizens, and an independent, impartial judiciary.
• All these limitations allow citizens to seek the protection of their rights and redress against government actions. 
• These restrictions make the other organs of Government accountable to each other and the people. 
• The power of the Parliament to expel its members in exercising its power, privilege, and immunity granted under Article 105 is also awaiting the decision of the Supreme Court. 

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Role of Judiciary in Preventing the Abuse of Power

Check here to learn how the Judiciary prevents the other two influential organs and their members from abuse of authority.

• A democratic government like India depends on its success in a system of free and fair elections monitored, regulated, and controlled by an independent agency. 
• We have a high-powered Election Commission as an autonomous body overseeing the electoral process. 
• Judiciary has made significant contributions through various pronouncements to plug loopholes and preclude the possibility of abuse by the participating candidates.
• Treating the right to vote at par with the freedom of speech and expression under Article 19(1)(a) of the Constitution and enforcing the “right to get information” as “a natural right,” in the case of the Association for Democratic Reforms 19, the Judiciary brought about major electoral reform.

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Role of Judiciary in Good Governance

Since the beginning of civilisation, governance has been a part of human life. In the simplest of terms, what is “Governance ”? It means the process of decision-making by which decisions are implemented. 

Read the following points to know the role of the Judiciary in good governance. 

• Liberty and Equality have well thrived and survived in India due to the proactive role played by our Indian Judicial System. 
• In India, the rule of law is one of the most significant characteristics of good governance.
• It prevails because of support and assistance from an independent bar that has been fearless in advocating the cause of the underprivileged sections of Indian society.
• An independent judiciary is essential for preserving the rule of law and is the most crucial facet of good governance.
• The judicial system ultimately has a vital role in ensuring better public governance.
• There seems to be no area where the judgements of the Supreme Court have not played a significant contribution to governance, whether it be – the environment, gender justice, human rights, education, police reforms, minorities, elections, and limits on constituent powers of Parliament to amend the Constitution.
• Judiciary has played a valuable role in the development and evolution of society in general and in ensuring good governance by those holding reigns of power in particular.

What is the role of a judge in the Judicial System?

In the Indian judicial system, the role of a judge in Judiciary is pivotal as they are responsible for administering justice, interpreting and applying the law, and ensuring the fair and impartial resolution of disputes. Here are the key roles and responsibilities of a judge in the Indian judicial system:

1. Adjudication of Cases: Judges preside over court proceedings and make decisions on legal matters, both civil and criminal. They listen to arguments presented by lawyers, examine evidence, and apply relevant laws to reach a judgement or verdict.

2. Impartiality and Neutrality: Judges are expected to be impartial and neutral in their decisions. They must set aside personal biases and make judgements solely based on the law and the facts presented in the case.

3. Interpretation of Laws: Judges play a crucial role in interpreting the law, including the Constitution of India. They clarify legal provisions, resolve ambiguities, and provide guidance on the application of laws in specific cases.

4. Upholding the Rule of Law: Judges ensure that the rule of law is maintained by applying legal principles consistently and fairly. Their decisions set legal precedents that guide future cases.

5. Protection of Fundamental Rights: Judges safeguard the fundamental rights of citizens guaranteed by the Indian Constitution. They have the authority to strike down laws and government actions that violate these rights.

6. Administration of Justice: Judges ensure that justice is not only done but is seen to be done. They oversee court proceedings, maintain decorum in the courtroom, and make sure that all parties receive a fair opportunity to present their cases.

7. Case Management: Judges are responsible for managing their court dockets, scheduling hearings, and ensuring the timely resolution of cases. This helps prevent unnecessary delays in the justice delivery system.

8. Legal Precedents: The judgements delivered by judges become legal precedents, which are used to guide future cases. These precedents contribute to the consistency and predictability of the legal system.

9. Sentencing: In criminal cases, judges determine appropriate sentences for convicted individuals. They consider factors such as the nature of the crime, the defendant's background, and any mitigating or aggravating circumstances.

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Structure of Indian Judiciary

The Indian judiciary is structured into a hierarchical system with multiple levels of courts. The structure of the Indian judiciary can be broadly categorised into three tiers: the Supreme Court, the High Courts, and the Subordinate Courts. Here's a more detailed overview:

Supreme Court of India:

• The Supreme Court is the highest court in India and serves as the apex court of the country.
• It is located in New Delhi and consists of the Chief Justice of India and a maximum of 33 other judges, appointed by the President of India.
• The Supreme Court has both original and appellate jurisdiction. It primarily hears appeals from the High Courts and has the authority to resolve disputes between the Union Government and State Governments.
• The decisions of the Supreme Court are binding on all other courts in India.

High Courts:

• Each state and union territory in India has its own High Court, which serves as the highest court within the respective jurisdiction.
• High Courts have the power of superintendence over all subordinate courts and tribunals within their jurisdiction.
• The Chief Justice of a High Court is appointed by the President of India, and the other judges are appointed by the President in consultation with the Chief Justice of India and the Governor of the state/Union Territory.
• High Courts hear appeals from subordinate courts and tribunals within their jurisdiction, as well as writ petitions under Article 226 of the Indian Constitution.

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Subordinate Courts:

• Subordinate Courts are the lower courts in the Indian judicial system, and they are organised into a hierarchy.
• The lowest level of subordinate courts is the District Courts, presided over by District Judges.
• Below the District Courts are various other courts like Sessions Courts, Magistrate Courts, and Civil Courts, each with its specific jurisdiction.
• These courts handle a wide range of cases, including civil, criminal, and family matters, depending on their jurisdiction and authority.

Specialized Tribunals:

India has specialized tribunals and quasi-judicial bodies to handle specific types of cases and disputes Apart from three-tiered structure, there are also specialised tribunals and quasi-judicial bodies in India, such as the:

• National Green Tribunal
• The Income Tax Appellate Tribunal
• The National Company Law Tribunal

which handle specific types of cases and disputes.

The structure of the Indian judiciary is designed to ensure access to justice, maintain the rule of law, and provide a mechanism for the resolution of disputes at various levels. It is essential for the administration of justice and upholding the rights and laws of the country.

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Conclusion:

The Indian judiciary system is integral to upholding the principles of justice, equality, and the rule of law in the country. It plays a crucial role in protecting the rights and liberties of Indian citizens and ensuring the proper functioning of a democratic society. The judges in the Indian judicial system have a multifaceted role in ensuring that justice is served, the law is upheld, and the rights of citizens are protected. Their impartiality, knowledge of the law, and commitment to upholding justice are vital for the functioning of the judicial system in India.