The judiciary is the third organ of the government. It has the responsibility to apply the laws to the specific cases and settle all disputes. The real meaning of the law is what the judges decide during the course of giving their judgment in various cases. Judiciary is most important organ of the government because it acts as their protector against the possible excess of legislative and executive organs. There are three organs of the government which is Legislative, Executive and judiciary. Legislative work is to make the law, Executive work is to implement the law and judiciary work is to punish the law breakers. In India, we have ‘Rule of Law’ and to ensure this rule of law, we have a judicial system that consists of the mechanism of courts that a citizen can approach when a law is violated. Judiciary plays a crucial role in the functioning of India’s democracy.
The role of judiciary is to take decisions on a very large number of issues like:-
a.) Dispute resolution – The judicial system provides a mechanism resolving disputes between citizens, between citizens and the government, between two state governments and between the Centre and state governments.
b.) Judicial review – Judiciary also has the power to strike down particular laws passed by the parliament if it believes that there are a violation of the basic structure of the constitution.
c.) Upholding the law and enforcing fundamental rights- every citizen of India can approach the Supreme Court or the high court if they believe that their fundamental rights have been violated.
In the independent judiciary, impartiality of judge and judiciary is most important. There are the other branches of government, legislative and executive but can’t interfere in the work of the judiciary. The courts are not work under the government and do not act on their behalf. To ensure the independent judiciary, judges in the high court as well as the Supreme Court are appointed with very little interference from the other branches of the government. If a judge once appointed in the office so it is very difficult to remove a judge. For granting the independence to it, we are separate the powers between the Supreme Court and high court and district courts. The independent judiciary plays a central role in ensuring that there is no misuse of power by the legislative and executive. It also play a crucial role in protecting the fundamental rights of the citizens.
There are two branches of the legal system, one is criminal law and other one is civil law.
1.) Criminal Law:-
- Deals with conduct or acts that the law defines as offences. For example- theft, harassing a women to bring more dowry, murder, kidnapping, abduction.
- It usually begins with a first information report (FIR) with the police who investigate the crime after which a case is filed in the court.
- If found guilty, the accused can be sent to jail and also fined.
2.) Civil Law:-
- It deals with any harm or injury to rights of individuals. For example- disputes relating to sale of land, purchase of goods, rent matters, divorce cases.
- A petition has to be filed before the relevant court by affected party only. In a rent matter, either the landlord or tenant can file a case.
- The court gives the specific relief asked for. For instance, in a case between a landlord and a tenant, the court can order the flat to be vacated and pending rent to be paid.
Those who have associate degree inclination towards public service, the judiciary are often a superb possibility. Not solely is it how to stay closely connected with the law throughout your career, however conjointly one that provides the satisfaction of operating for the great of society and intellectually stimulating profession wherever you shall command the respect of the common national.
HOW TO BECOME A JUDGE:-
There are 2 ways in which to become a member of the judiciary. The primary and higher illustrious one is to start out a legal proceeding and follow and hope to induce elevated to the Bench. The opposite possibility is to participate within the competitive method for the judicial services.
Members of the subordinate judiciary (popularly called the Judicial Service or the PCS (J)-Provincial Civil Service-Judicial) occupy the offices of the presiding officers of assorted courts right up to the post of District choose. There unit many engaging options of those Judicial Service as well as handsome perks and privileges that embrace among others- rent free accommodation, fuel allowances, sponsored electricity and water provides, phone allowances and bursaries for children’s education. These area unit considerably higher than those of official officers. In contrast to directors or cops, judicial officers nearly always have postings in District headquarters so that they never ought to serve in remote areas. This permits them to own a fairly pleasurable style too.
FUNCTIONS OF THE JUDICIARY:-
• To give justice to the people –
The first and foremost function of the judiciary is to give justice to the people, whenever they may approach it. It awards punishment to those who after trial are found guilty of violating the laws of the state or the rights of the people. The aggrieved citizens can go to the courts for seeking redress and compensation. The judiciary fixes the quantity and quality of punishment to be given to the criminals.
• Interpretation and application of laws –
In the course of deciding the disputes that comes before it, the judges interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific case. This function is performed by judges.
• Role in law-making –
The decisions given by the courts really determine the meaning, nature and scope of laws passed by the legislature. Moreover, the judgments delivered by the higher courts of records, are binding upon the lower courts. Judicial decisions constitute a source of law.
• Equity legislation –
Where a law is silent or ambiguous or appears to be inconsistent with some other law of the land, the judges depend on their sense of justice, fairness, impartiality, honesty and wisdom for deciding the cases.
• Protection of rights –
The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the right to seek the protection of the judiciary in case his rights are violated by the government or by the private organisations or fellow citizens.
• Guardian of the constitution –
The constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it. For this purpose the judiciary can conduct judicial review over any law for determining as to whether or not it is in accordance with the letter and spirit of constitution.
• Power to get its decisions and judgements enforced –
The judiciary has the power not only to deliver judgments and decide disputes, but also to get these enforced. It can direct the executive to carry out its decisions.
• Special role in federation –
In a federal system, the judiciary has to perform an additionally important role as the guardian of the constitution and the arbiter of the disputes between the centre and the states. It acts as an independent and impartial umpire between centre and state government as well as among states.