Role of Judiciary in India: Supreme Court
Political Science
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Introduction
In a democratic country like India, the judiciary acts as the guardian of justice, ensuring the rule of law and protecting the rights and liberties of its citizens. The judiciary is a separate and independent branch of the government, entrusted with the responsibility of interpreting and applying the law.
The judiciary plays a pivotal role in any democratic society, and India is no exception. As the world's largest democracy, India's judiciary, particularly the Supreme Court, holds immense significance.
Judiciary and Judicial System in India
India's judiciary operates on a three-tier structure comprising the Supreme Court, High Courts, and District Courts. This hierarchical system allows for the efficient dispensation of justice at various levels. Each tier has its own jurisdiction and powers, ensuring that cases can be heard and resolved at the appropriate level.
The independence of the judiciary is a fundamental pillar of the Indian legal system. The Constitution of India guarantees the independence of the judiciary, shielding it from undue influence or interference from the executive or legislative branches of the government. This independence ensures the impartiality and fairness of the judicial process.
Role of the Judiciary
Adjudication of Disputes:
One of the primary functions of the judiciary is to adjudicate disputes between parties. The judiciary acts as an impartial arbiter, interpreting the law and resolving conflicts. Whether it is a civil dispute between individuals or a criminal case involving the violation of laws, the judiciary ensures that justice is served and the rights of all parties are protected.
Protection of Fundamental Rights:
The judiciary plays a vital role in safeguarding the fundamental rights of Indian citizens. The Constitution of India guarantees several fundamental rights, such as the right to equality, freedom of speech and expression, and protection against discrimination. The judiciary acts as the guardian of these rights, ensuring that they are upheld and protected from any infringement.
Interpretation of Laws:
Interpreting laws is another crucial function of the judiciary. The judiciary interprets legislation passed by the Parliament and ensures that laws are applied correctly. Through their interpretations, judges establish legal precedents that guide future cases and provide clarity on the meaning and scope of laws.
The Supreme Court of India
The Supreme Court of India, located in New Delhi, is the apex court in the country. It is the final appellate authority and the highest judicial forum for both constitutional and legal matters. The Supreme Court consists of a Chief Justice and other judges appointed by the President of India.
The jurisdiction of the Supreme Court extends to matters of national importance, constitutional interpretation, and disputes between states or between the Union and states. It has the power to review decisions made by lower courts and tribunals, ensuring consistency and fairness in the application of the law throughout the country.
Over the years, the Supreme Court has delivered several landmark judgments that have shaped the legal landscape of India. From safeguarding individual freedoms to promoting social justice, the Court's decisions have had far-reaching implications on society.
Judicial Activism and Public Interest Litigation (PIL)
In recent decades, the judiciary in India, particularly the Supreme Court, has embraced a proactive role in addressing societal issues. This concept, known as judicial activism, involves the judiciary taking an active stance in matters of public interest. Public Interest Litigation (PIL) allows individuals or organizations to approach the court directly to seek justice for a broader public cause.
Judicial activism and PIL have played a crucial role in bringing about social and environmental reforms in India. From protecting the environment to improving access to education and healthcare, the judiciary has stepped in to fill gaps where the executive and legislative branches have fallen short.
Challenges and Criticisms
While the Indian judiciary plays a vital role in upholding justice, it is not without its challenges and criticisms. One of the significant concerns is the delay in justice delivery. The backlog of cases in courts often leads to prolonged legal battles, denying timely justice to individuals. Efforts are being made to address this issue through technological advancements and reforms in the judicial system.
Another challenge is the lack of access to justice, especially for marginalized sections of society. Limited resources and awareness hinder their ability to seek justice. Steps are being taken to improve legal aid services and increase legal literacy to bridge this gap.
Critics also argue that the judiciary sometimes oversteps its bounds and encroaches upon the functions of the other branches of government. The concept of the separation of powers is essential for the proper functioning of a democracy, and maintaining a delicate balance is crucial.
Conclusion :
The judiciary, with the Supreme Court at its pinnacle, plays a vital role in upholding the rule of law and protecting the rights of individuals in India. Its functions extend beyond dispute resolution to interpreting laws, safeguarding fundamental rights, and promoting justice. Judicial activism and PIL have brought about significant societal changes, but challenges such as delays in justice delivery and access to justice persist. Nevertheless, the judiciary remains an essential institution in India's democratic framework, ensuring that justice prevails.
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Unit - IV