Article Posted By: pragya24Posted on : 7/4/2015 12:00:00 AM
Indian judiciary
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"The Constitution of India secures justice to all its citizens apart from securing liberty, equality, and promoting fraternity. Indian democracy the Supreme Court plays important role of safeguarding the fundamental rights of citizens which includes providing fair justice also. Justice which is the soul of a democratic society must be administered without fear or favor. Integrity, Impartiality and Intelligence are some of the important characteristics of the in dependent judiciary in a democratic setup.1
Justice concerns the relationship between the individuals and also the relationship between the individuals and groups. Basically it stands for the right of the individual. Innocent should not be punished is the basic principle of all .civilized systems of justice. Notion of equality is central to the notion of justice.2
Judiciary in India:Salient Features of Indian Judiciary
The Constitution of India provides for a single integrated judicial system with the Supreme Court at the apex, High Courts at the middle (state) level and District Courts at the local level. It also provides for an independent and powerful judicial system. Judiciary in India acts as the guardian protector of the Constitution and the fundamental rights of the people.
Salient Features:
1. Single and Integrated Judicial System
2. Independence of Judiciary:
The Constitution of India makes judiciary truly independent.
It provides for:
(i) Appointment of judges by the President,
(ii) High qualifications for appointment as judges,
(iii) Removal of judges by a difficult method of impeachment,
(iv) High salaries, pension and other service benefits for judges,
(v) Independent establishment for the Judiciary, and
(vi) Adequate powers and functional autonomy for the Judiciary.
All these features together make the Indian Judiciary an independent judiciary.
3. Judiciary as the Interpreter of the Constitution
4. Judicial Review
5. High Court for each states as well a Provision for Joint High Courts
6.Supreme Court as the Arbiter of legal disputes between the Union and States
7. Guardian of Fundamental Rights
8. Separation of Judiciary from the Executive
9. Open Trial
10. Judicial Activism
11. Public Interest Litigation System
It provides for an easy, simple, speedier and less expensive system of providing judicial relief to the aggrieved public. With all these features, the Indian Judicial System is an independent, impartial, free, powerful and efficient judicial system.3
Judiciary is that organ of the government which dispenses justice. It is concerned with justice to individuals and groups. It does not permit any discrimination and ensures equality before law. It protects individuals against the unjust actions of other individuals and groups and also against the highhandedness of the government. Thus, judiciary is entrusted with an important duty of protecting and safeguarding the rights of individuals and putting a check on arbitrary actions of the state. Another important function of the judiciary in all democratic countries which have a Constitution, is to interpret the Constitution. This function empowers the judiciary to determine the legal competence of the legislative bodies and to pronounce upon the constitutional validity of legislative measures passed by the legislatures.
Judge Jerome Frank wrote:
“In a democracy, it can never be unwise to acquaint the public with the truth about the workings of any branch of government. It is wholly undemocratic to treat the public as children who are unable to accept the inescapable shortcomings of manmade institutions…. The best way to bring about the elimination of those shortcomings of our judicial system which are capable of being eliminated is to have all our citizens informed as to how that system now functions. It is a mistake, therefore, to try to establish and maintain, through ignorance, public esteem for our courts.”(4)
We, therefore, come to the conclusion that these adverse comments against the character of the judiciary are unwarranted, and at any rate political. The judiciary in India has given a very commendable account of its performance. It has worked independently and impartially. It has always followed the letter and spirit of the Constitution and has refused to be cowed down by the executive and legislature. It has neither shown any fear nor favour howsoever high and mighty he or she might have been. It has stoutly protected the Constitution and the rights of the citizens.
Indian judiciary
Share this post
"The Constitution of India secures justice to all its citizens apart from securing liberty, equality, and promoting fraternity. Indian democracy the Supreme Court plays important role of safeguarding the fundamental rights of citizens which includes providing fair justice also. Justice which is the soul of a democratic society must be administered without fear or favor. Integrity, Impartiality and Intelligence are some of the important characteristics of the in dependent judiciary in a democratic setup.1
Justice concerns the relationship between the individuals and also the relationship between the individuals and groups. Basically it stands for the right of the individual. Innocent should not be punished is the basic principle of all .civilized systems of justice. Notion of equality is central to the notion of justice.2
Judiciary in India:Salient Features of Indian Judiciary
The Constitution of India provides for a single integrated judicial system with the Supreme Court at the apex, High Courts at the middle (state) level and District Courts at the local level. It also provides for an independent and powerful judicial system. Judiciary in India acts as the guardian protector of the Constitution and the fundamental rights of the people.
Salient Features:
1. Single and Integrated Judicial System
2. Independence of Judiciary:
The Constitution of India makes judiciary truly independent.
It provides for:
(i) Appointment of judges by the President,
(ii) High qualifications for appointment as judges,
(iii) Removal of judges by a difficult method of impeachment,
(iv) High salaries, pension and other service benefits for judges,
(v) Independent establishment for the Judiciary, and
(vi) Adequate powers and functional autonomy for the Judiciary.
All these features together make the Indian Judiciary an independent judiciary.
3. Judiciary as the Interpreter of the Constitution
4. Judicial Review
5. High Court for each states as well a Provision for Joint High Courts
6.Supreme Court as the Arbiter of legal disputes between the Union and States
7. Guardian of Fundamental Rights
8. Separation of Judiciary from the Executive
9. Open Trial
10. Judicial Activism
11. Public Interest Litigation System
It provides for an easy, simple, speedier and less expensive system of providing judicial relief to the aggrieved public. With all these features, the Indian Judicial System is an independent, impartial, free, powerful and efficient judicial system.3
role of Judiciary in India
Judiciary is that organ of the government which dispenses justice. It is concerned with justice to individuals and groups. It does not permit any discrimination and ensures equality before law. It protects individuals against the unjust actions of other individuals and groups and also against the highhandedness of the government. Thus, judiciary is entrusted with an important duty of protecting and safeguarding the rights of individuals and putting a check on arbitrary actions of the state. Another important function of the judiciary in all democratic countries which have a Constitution, is to interpret the Constitution. This function empowers the judiciary to determine the legal competence of the legislative bodies and to pronounce upon the constitutional validity of legislative measures passed by the legislatures.
Judge Jerome Frank wrote:
“In a democracy, it can never be unwise to acquaint the public with the truth about the workings of any branch of government. It is wholly undemocratic to treat the public as children who are unable to accept the inescapable shortcomings of manmade institutions…. The best way to bring about the elimination of those shortcomings of our judicial system which are capable of being eliminated is to have all our citizens informed as to how that system now functions. It is a mistake, therefore, to try to establish and maintain, through ignorance, public esteem for our courts.”(4)
We, therefore, come to the conclusion that these adverse comments against the character of the judiciary are unwarranted, and at any rate political. The judiciary in India has given a very commendable account of its performance. It has worked independently and impartially. It has always followed the letter and spirit of the Constitution and has refused to be cowed down by the executive and legislature. It has neither shown any fear nor favour howsoever high and mighty he or she might have been. It has stoutly protected the Constitution and the rights of the citizens.
REFERENCE this : 1. (http://www.preservearticles.com/201103034384/essay-on-indian-judiciary-system.html (AKHILA MOL).
2.(http://www.publishyourarticles.net/knowledge-hub/essay/essay-on-the-role-of-judiciary-in-india.html SWATI GUPTA)
3.( K.K Ghai,http://www.yourarticlelibrary.com/essay/judiciary-in-india-11-salient-features-of-indian-judiciary/40371)
4. (http://www.lawteacher.net/free-law-essays/constitutional-law/indian-judiciary-the-most-powerful-judiciary-worldwide-constitutional-law-essay.php)
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