by The judiciary is the part of the government that interprets the law, resolves conflicts, and delivers justice. Without courts to interpret and clarify them, laws are like lifeless texts. The judiciary is the defender of liberty, the keeper of the constitution, and the watchdog of democracy.
The Indian judicial system is organised in a pyramidal fashion. The Supreme Court occupies the top of the judicial pyramid, followed by High Courts, District Courts, and Subordinate Courts, which make up the other three levels of the hierarchy. In India, conflicts originating under legislation passed by both state legislatures and the Union Parliament are handled by the judiciary from top to bottom. If you are reading this column to understand the structure and function of the judiciary, read the complete blog.
Operations of Judiciary in India
Management of Justice
The judiciary’s function is to use the law in certain situations or disputes. It is when it is presented to the courts, who then issue the proper judgments and rulings. Another duty is to establish judge-made law. Judges made decisions on the proper law based on their knowledge and common sense when they could have seemed in disagreement under the prevailing circumstances.
Creating Judge-case law
Judges frequently struggle or cannot choose the best law to apply, leading to the creation of judge-case law. Based on their experience and common sense, judges decide on the proper law in these situations. As a result, judges have created a substantial corpus of “case law” or “judge-made law.” According to the “stare decisis” theory, judges are typically expected to follow their earlier rulings in cases that are identical to their own.
Defender of the Constitution
This court resolves jurisdictional disputes between the federal government and the states or between the legislative and executive branches. The judiciary declares any statute or executive action that contravenes a constitutional requirement to be illegal or invalid.
Advisory function
India’s state supreme court of law has the authority to advise on constitutional matters. When the chief requests it, such guidance is offered even when there isn’t a real issue.
Non-advisory functions
Higher courts are typically responsible for overseeing subordinate courts’ work. In India, the High Courts oversee the operations of the lower courts.
Non-judicial or Administrative Tasks
The courts may issue certain licences, manage the estates of the deceased, and appoint receivers, among other functions. Marriages are recorded, and guardians for little children and insane people are chosen. Aliens may receive citizenship in some states if they meet certain requirements. Superior courts have the authority to direct their agents and employees.
Fundamental Rights Defender
The judiciary ensures that the government or any other organisation violates no one’s rights. By issuing writs, the higher courts uphold fundamental rights.
Special function
In a federalist system like India’s, the judiciary also has the crucial job of resolving conflicts between the central government and the states. Additionally, it settles conflicts between states.
Judicial enquiries
Judges are frequently asked to lead commissions that look into instances of mistakes or omissions on the part of the government’s employees.
The structure of the Judiciary in India
A single, integrated judicial system exists in India. The Supreme Court (SC) is at the summit of a pyramid-shaped structure that makes up India’s judicial system. District and subordinate courts are beneath the SC, followed by the High Courts. The upper courts directly supervise and control the lesser courts in their operations.
In addition to the organisation mentioned above, there are two other divisions of the judicial process, namely:
1. Criminal law relates to any citizen or entity committing a crime. When the neighbourhood police report a crime, a criminal case is initiated. The court ultimately decides the case.
2. Civil Law: They deal with disagreements involving violating a citizen’s fundamental rights.
Power and Jurisdiction of the Supreme Court
Unlike appellate jurisdiction, SC’s foremost jurisdiction grants it the power to attend cases for the initial time. Purely federal in nature, i.e., having sole jurisdiction to resolve any legal issue involving the UOI (Union) and any state or states solely on a single side and any state or states on either – between 2 or more states. The SC’s actual jurisdiction does not apply to disputes arising out of terms of a treaty, agreement, etc., completed before 26 January 1950 and has been in effect since, according to the 7th Amendment, 1956.
Conclusion
These are the structure and functions of the Judiciary in India. Now that you know the structure and function, you should also seek a career in the judicial system then you should get in touch with one of the best judiciary exam coaching instituteJudiciary gold, they will help you to make your dream come true.
