Chapter 06: Judiciary

Any 1 question out of 4 likely to come in exam.

1. What is the Role of Judiciary:

 It is a balancing wheel of the federation;
 It keeps equilibrium between fundamental rights and social justice;
 It forms all forms of authorities within the bounds;
 It controls the Administrative Tribunals.

1. Dispute Resolution: Whenever there is a dispute, the courts intervene in

providing solutions. Whether it’s a dispute between citizens, citizens, and
government, or between two state governments or even the central and state
governments, the court is responsible for dispute resolution.
2. Judicial Review: The judiciary has the final hold on the Constitution of India. As
such, if there is any violation of the fundamentals of the constitution, the court can
even overwrite laws passed by the Parliament. This process is called Judicial Review.
3. Upholding the Law and Enforcing Fundamental Rights: Almost all Fundamental
Rights of Indian citizens are defined in our constitution. In case, any citizen feels that
any of such rights are violated, they can approach their local high courts or the
Supreme Court.

2. What are the Functions of Judiciary:

(1) It interprets the laws:

Some matters are brought before them in which the laws are silent. In these cases or matters
the judges give their decisions where the question of the interpretation of the laws arises,
because in such cases the law is not clear. Later, these decisions are quoted in similar cases,
expanding the laws in an indirect manner.
(2) Protector of Civil Rights:
People are given many rights by the state through the laws of the Parliament. The courts
protect these rights.

(3) Decides the cases:

Many cases relating to the disputes between the citizens, or between the government and the
citizens, are brought before the courts. The courts give their decisions on such disputes.

(4) Custodian of fundamental rights:

The Supreme Courts act as the custodian of the Fundamental rights. If a person loses his
rights, an appeal can be filed in a High Court or the Supreme Court for the protection of
fundamental rights. It is the duty of the courts to protect the rights of the citizens. Our High
Courts and Supreme Court have decided many cases in which the question of the violation of
the fundamental rights was involved.

(5) Guardian of the Constitution:

If a law passed by the Congress violates the Constitution, that law shall be declared as void
because the Constitution is the highest law of the land and it is the duty of the courts to
protect it. The principle which was devised by Chief Justice Marshall is known as Judicial
Review. For the protection of the Constitution many laws have been declared illegal which
violated any law or any clause of the Constitution.

(6) Decides the conflicts of jurisdiction between the Centre and State Governments in
Federations:
In federal constitutions there is a division of powers between the Centre and the States. There
is a possibility of disputes arising between the Centre and the State over the jurisdiction.
Therefore, the Supreme Court is given the right to decide these disputes.

3. Write a short note on Principle of Independence of

Judiciary:
1. The independence of the judiciary shall be guaranteed by the State and enshrined in the
Constitution or the law of the country. It is the duty of all governmental and other institutions
to respect and observe the independence of the judiciary.
2. The judiciary shall decide matters before them impartially, on the basis of facts and in
accordance with the law, without any restrictions, improper influences, inducements,
pressures, threats or interferences, direct or indirect, from any quarter or for any reason.
3. The judiciary shall have jurisdiction over all issues of a judicial nature and shall have
exclusive authority to decide whether an issue submitted for its decision is within its
competence as defined by law.
4. There shall not be any inappropriate or unwarranted interference with the judicial process,
nor shall judicial decisions by the courts be subject to revision. This principle is without
prejudice to judicial review or to mitigation or commutation by competent authorities of
sentences imposed by the judiciary, in accordance with the law.
5. Everyone shall have the right to be tried by ordinary courts or tribunals using established
legal procedures. Tribunals that do not use the duly established procedures of the legal
process shall not be created to displace the jurisdiction belonging to the ordinary courts or
judicial tribunals.
6. The principle of the independence of the judiciary entitles and requires the judiciary to
ensure that judicial proceedings are conducted fairly and that the rights of the parties are
respected.
7. It is the duty of each Member State to provide adequate resources to enable the judiciary to
properly perform its functions.

4. Write a Short Note on Doctrine of Judicial Review:

Judicial Review is nothing but “a court proceeding in which a judge reviews the lawfulness
of a decision or action made by a public body.” It has the origin in theory of limited
government and in the theory of two laws viz.. an ordinary law and a supreme law. Courts
must realize that there is no shortage of problems in and before the country, which courts
cannot solve. What persists today is the firm belief that courts cannot interfere with
government policy as a matter of routine. It is judicial activism and that doesn’t mean judicial
adventurism. Judges should never turn out to be judicial activists as it is sometimes useful for
the adjunct to democracy. What we understand today is what we see or read from medias or if
you are a lawyer or judge carrying out your duties. The real essence of judicial review is still
hidden and it has a wide range of connotations. Life is all about having rights and performing
duties not harming or aiming at others. Courts are put up to ensure that people’s rights are
enjoyed properly and that no one is hurt.
The subject matter of every judicial review is a decision made by a person in power or it can
even be the failure of that person to make decision. Nonetheless, it is important to note that in
judicial review it is always the legality of the decision that is explored by the courts. Legality
is the most important concept when it comes to the organs of government. The legality of the
decision taken is often explored by the courts. The action or decision in question is brought
before a judge in court proceedings where the lawfulness of the decision is tested. The main
purpose of judicial review is to ensure that the public  authorities don’t misuse their power.

The concept of Judicial review focuses:

 to determine the unconstitutionality of Legislative Acts
 to maintain supremacy of the Constitutional Law
 to protect the Fundamental Rights
 to maintain federal equilibrium between Centre and the States
 to check arbitrariness, unjust harassing and unconstitutional laws