Functions of Judiciary in India: Download Notes PDF

Overview: Judiciary is one of the third pillar of democracy. And if you are aiming to become a judge in India, you must be well versed with the concept of Functions of Judiciary.

Whether you are planning to appear for CLAT UG or PG, Judiciary exams or you are in Law school, it is important for you to understand this topic in depth.

In this Blog we will cover:

• Concept of Function of Judiciary
• Downloadable Notes on the topic
• Practice questions for Judiciary and Other law entrance exams

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Concept of Functions of Judiciary

The Judiciary, constituting the third branch of government, holds the crucial responsibility of interpreting and applying laws to specific cases, thereby resolving disputes. The essence of legal interpretation lies in the judgments rendered by judges during these proceedings.

From the perspective of citizens, the Judiciary assumes paramount significance as it serves as a bulwark against potential overreach by the legislative and executive branches. Its role as the guardian of the constitution and fundamental rights further enhances its esteem compared to the other branches.

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In India, the judiciary comprises various levels, each with distinct courts possessing varying powers based on their tier and jurisdiction.

These courts adhere to a hierarchical structure, with the Supreme Court of India positioned at the apex, succeeded by the High Courts of respective states, followed by District Courts housing district judges, and Civil Judges (Junior Division) and Magistrates of Second Class.

The Supreme Court of India stands as the ultimate judicial authority and final appellate court according to the Indian Constitution, wielding significant powers, including constitutional review.

Comprising the Chief Justice of India and 30 other sanctioned judges, it exercises original, appellate, and advisory jurisdictions extensively.

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As the final arbiter of legal disputes nationwide, the Supreme Court hears appeals primarily against decisions of state High Courts and other subordinate courts and tribunals. It safeguards citizens' fundamental rights and resolves disputes between various governmental entities.

Additionally, in its advisory capacity, the Supreme Court entertains matters referred to it by the President of India under constitutional provisions.

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Decrees issued by the Supreme Court hold binding authority over all courts within India, as well as the central and state governments. Article 142 stipulates the President's duty to enforce the Supreme Court's orders and mandates.

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 the functions of Judiciary in detail.

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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.

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Functions of Judiciary are as follows:

Functions and Significance of the Judiciary:

1. Dispensing Justice: The primary role of the judiciary is to deliver justice to individuals seeking recourse. It imposes penalties on those found guilty of violating laws or infringing upon the rights of others. Citizens who have suffered harm or loss can seek redress and compensation through the courts.
2. Interpretation and Application of Laws: Another crucial function is the interpretation and application of laws to specific cases. Judges elucidate laws during dispute resolution, ensuring their appropriate application. Judicial interpretation determines the true meaning of laws.
3. Role in Legislation: The judiciary contributes to lawmaking through its decisions, which shape the understanding, nature, and scope of legislative enactments. Higher court judgments serve as precedents for lower courts, thus influencing future legal interpretations.
4. Equity Legislation: In situations where laws are unclear or conflicting, judges rely on principles of fairness, impartiality, and wisdom to render decisions. These rulings, often termed equity legislation, contribute to the development of legal principles.
5. Protection of Rights: Safeguarding the rights of citizens is a paramount responsibility of the judiciary. Individuals can seek judicial protection against violations by the government, private organizations, or fellow citizens.
6. Guardian of the Constitution: The judiciary acts as a custodian of the constitution, ensuring its interpretation and protection. Through judicial review, courts assess the constitutionality of laws, striking down those deemed unconstitutional.
7. Enforcement of Decisions: Beyond rendering judgments, the judiciary has the authority to enforce its decisions. It can compel executive compliance and hold individuals accountable for contempt of court.
8. Special Role in Federal Systems: In federal systems, the judiciary serves as an impartial arbiter between central and state governments, settling disputes and upholding constitutional principles.
9. Administration of Justice: Operating independently from the legislature and executive, the judiciary oversees its own affairs, including the organization and functioning of courts. It establishes rules governing judicial administration and personnel.
10. Advisory Functions: Courts may provide advisory opinions to rulers on legal matters of public importance, contributing to informed decision-making.
11. Conducting Judicial Inquiries: Judges often lead inquiry commissions to investigate government errors or public servant misconduct, ensuring accountability.
12. Miscellaneous Functions: Additionally, the judiciary undertakes various ancillary tasks such as appointing court officials, handling licenses and copyrights, settling succession disputes, and administering estates.

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The judiciary plays a pivotal role in society, ensuring justice, upholding rights, and maintaining the rule of law. Its independence and impartiality instill confidence among citizens, making it an indispensable pillar of governance.

As observed by Garner, a society without a judiciary cannot truly be considered civilized, highlighting its fundamental importance in modern governance.

The Judiciary holds immense importance in the eyes of the people due to its multifaceted role in upholding justice, protecting rights, and ensuring the integrity of the constitution. Here's an in-depth exploration of why the judiciary is regarded as crucial:

1. Dispenser of Justice: The judiciary serves as the ultimate arbiter in resolving legal disputes and administering justice. It ensures that individuals are held accountable for violating laws or infringing upon the rights of others.
2. Protector of Rights: Citizens rely on the judiciary to safeguard their fundamental rights and liberties. The judiciary acts as a bulwark against any encroachment on individual freedoms by the government or other entities.
3. Guardian Protector of the Constitution: Upholding the constitution is a core function of the judiciary. It interprets and protects the constitutional principles, ensuring that governmental actions remain within the bounds of legality and adherence to constitutional norms.
4. Arbiter of Center-State Disputes: In federal systems like India, the judiciary plays a crucial role in resolving disputes between the central and state governments. It ensures a harmonious relationship between different tiers of governance.
5. Safeguard Against Legislative and Executive Excesses: The judiciary acts as a check on the legislative and executive branches, preventing any overreach or abuse of power. It ensures that governmental actions are lawful and in the public interest.
6. Check Against Arbitrary Exercise of Powers: By scrutinizing governmental actions and decisions, the judiciary prevents arbitrary exercise of power by those in authority. It ensures that decisions are made based on legal principles and due process.
7. Guardian of Rule of Law and Justice: Upholding the rule of law and ensuring justice for all are central tenets of the judiciary's role. It maintains order, fairness, and equality before the law, fostering trust and confidence in the legal system.

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Independence of Judiciary:

The independence of the judiciary is paramount for its effective functioning and impartiality. Judicial independence ensures that judges can adjudicate cases without bias or influence from external sources.

Without interference from the executive or legislature, the judiciary can uphold the rule of law and administer justice fairly.

To maintain judicial independence, certain organizational features are essential:

1. Appointment of Qualified Judges: Judges should be appointed based on merit, experience, and integrity, rather than political considerations.

2. Separation of Powers: The judiciary must be separate from the executive and legislative branches to prevent undue influence.

3. Administrative Autonomy: The judiciary should have the autonomy to manage its affairs independently, including the allocation of resources and setting procedural rules.

4. Protection of Judicial Functions: The judiciary must have the authority to interpret and apply laws without interference, ensuring its role as the guardian of the constitution.

5. Fair Appointment and Removal Procedures: The process of appointing and removing judges should be transparent, fair, and free from political interference.

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Judicial Review and Judicial Activism:

Judicial review empowers the judiciary to assess the constitutionality of laws and governmental actions. It ensures that legislative and executive decisions comply with constitutional principles and protect citizens' rights.

Judicial activism, on the other hand, refers to the proactive role of the judiciary in addressing societal issues and promoting justice. It involves the judiciary's willingness to intervene in matters of public interest, even in the absence of explicit constitutional mandates.

While judicial review focuses on the legality of governmental actions, judicial activism goes beyond legal interpretation to address broader social and policy concerns. Despite criticism, judicial activism has played a vital role in advancing human rights, promoting accountability, and upholding constitutional values.

In conclusion, the judiciary's significance lies in its role as the guardian of justice, rights, and constitutional principles. Its independence, coupled with the judicious exercise of judicial review and activism, ensures the rule of law and protects democracy's core values.

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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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Conclusion:

In a democratic society, the presence of a vibrant judiciary is indispensable. The roles it undertakes are pivotal for the functioning of a democratic nation.

Collaborating with the legislature, it establishes legal norms through landmark judgments that shape future legal proceedings. However, legislative bodies hold the authority to overturn judicial decisions if deemed contradictory to their intentions.

Beyond its core functions, the judiciary fulfills miscellaneous tasks essential for citizen welfare, such as issuing licenses, patents, copyrights, and overseeing matters like marriages and divorces. These ancillary functions aim to provide support and regulation in various facets of individuals' lives.

India is fortunate to possess a robust and proactive judiciary, which has adeptly balanced the powers of different branches of government, thereby upholding India's status as the world's largest democracy. Hence, the judiciary, as a vital organ of governance, assumes an active and indispensable role in the country's administration.