Important India

Discover India with Important India

  • Home
  • About
  • History
  • Important India
  • Categories
  • TOU
  • Contact Us

Role and Functions of Judiciary in India

On March 7, 2014 By Kamal Rana Category: Administration in India

Role and Functions of Judiciary in India

The Judiciary in India performs various important role and functions which do not remain confined within the traditional jurisdiction of Civil and Criminal:

1. Prevention of violation of law: In case of violation of law, a suit is filed against the offender. The judge hears both sides and decides whether there has been a break of the law. In case of violation of law, the judiciary establishes justice by providing redress and punishing the offender.

2. Making of new law: The judges, by way of interpreting the existing laws, make new laws. The judiciary can follow precedents established in previous decisions; it can also overrule such precedents, and thereby, makes new law.

3. Decides on constitutional questions: The highest federal Court, namely the Supreme Court, decides constitutional questions. If there is any constitutional conflict or dispute between the Union and the States or among different States, the dispute is brought to the federal Court who decides and acts as the guardian of the federal constitution. There are hundreds of such constitutional cases decided by the Indian Judiciary, Gopalan vs. the State of Madras, Golak Nath vs. State of Punjab are few examples.

4. Interprets the constitution and Laws: In addition to adjudication, the responsibility of safeguarding and interpreting the constitution and law rests on the judiciary. In the United States the power of the interpretation is absolute as expressed in the words of Chief Justice Charles Evan Hughes: We are under a constitution but the constitution is what the judges say it is. But the Indian Court does not enjoy the vast power in this area.

5. Administrative functions: The judges perform certain executive functions. Appointments of officers and servants, maintenance of records, administration of staff etc. are performed by the judiciary. Superintendence over lower courts is another function of the judiciary.

6. Advisory function: The highest court of the country sometimes gives advices to the executive and the legislature on constitutional points, if sought for. Thus the Judiciary has advisory functions too. If it appears that a question of law or fact has arisen, it may be referred to the judiciary for its advice.

7. Protection of fundamental rights: The Judiciary acts as a protector of rights of the citizens guaranteed by the law of the land and the constitution. The court can declare any law which transgresses a fundamental right as invalid. In India the judiciary has the power to issue writs in the name of habeas corpus, prohibition, mandamus, quo warranto and certiorari.

8. Guardian of the constitution: The Judiciary is regarded as the guardian of the constitution. In federal States this function is discharged by the application of the power of judicial review. The Supreme Court of India enjoys limited power of judicial review in invalidating laws made by Parliament or State Legislatures.

Importance of the Judiciary: The importance of the judiciary in a democratic society can hardly be exaggerated. Judiciary is a part of the democratic process. Judiciary not only administers justice, it protects the rights of the citizens and it acts as the interpreter and guardian of the constitution. In many states the judiciary enjoys the power of judicial review by virtue of which the judiciary decides the constitutional validity of the laws enacted or of the decree issued. It can invalidate such laws and decrees which are not constitutional.

Related posts:

  1. Jurisdiction and Powers of Supreme Court of India
  2. Powers and Functions of High court in India
  3. Qualifications and Appointment of Supreme Court Judges in India
  4. Judicial System in India
  5. Jurisdiction of Supreme Court of India
  6. Powers of High Court in India
  7. Role and Functions of Supreme Court in India
  8. Role And Functions Of Comptroller And Auditor General Of India (CAG)
  9. Functions and Role of District Magistrate

Category: Administration in India

Related Posts

  1. Jurisdiction and Powers of Supreme Court of India
  2. Powers and Functions of High court in India
  3. Qualifications and Appointment of Supreme Court Judges in India
  4. Judicial System in India
  5. Jurisdiction of Supreme Court of India
  6. Powers of High Court in India
  7. Role and Functions of Supreme Court in India
  8. Role And Functions Of Comptroller And Auditor General Of India (CAG)
  9. Functions and Role of District Magistrate

Search ImportantIndia.com

Tag Cloud

Women In India Water Tribal People of India Tradition Tourism Short Moral Stories for Children Science and Technology Rivers in India Pollution Minerals in India Maratha Empire Mahatma Gandhi Indian Festivals Indian Constitution History of Akbar Freedom Fighters of India Family System Education Ecosystem Communication Climate of India Buddhism Battles and Wars in India Art and Architecture Agriculture in India

Categories

Archives

  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • Categories
  • History of India
    • History of Ancient India
    • History of Medieval India
    • History of Mughal Empire
    • Modern History of India
  • Important India
    • Administration in India
    • Indian Constitution
    • Parliament of India
  • Indian Geography
  • Indian Government
  • Indian Literature
  • Blog
  • About Us
  • Report an Article
  • Sitemap
  • Contact Us
  • Terms of Use, Privacy Policy, Cookie Policy, and Copyrights.

Copyright 2013 -2017 · Discover the Importance of India ·