A Short note on Independence of Judiciary

As we know, the administration of India is governed by three very important pillars. These pillars are Legislative, Executive, and Judiciary. Unlike, the authorities of the Executive and the Legislative branch, the powers, and jurisdiction of the Judicial structure is independent and crucial. In order to make sure the proper functioning of the democratic realm within the country, it is important for the judicial branch to maintain its independent power and jurisdiction. It is said to the independent due to the separation of the Judiciary and the Executive and the legislative branch of the government, in terms of powers and actions. 

The branch of government that interprets policies and laws, along with settling disputes and maintaining justice within the country is widely known as the Judicial Branch of the government. It is the watchdog of the democratic realm of the country. This branch has the responsibility of ensuring and securing the provisions of the constitution of India. 

Before moving ahead with the power and jurisdiction of the judicial branch, let us look at the structure. 

Structure

The structure of the Judicial branch of the government in India is pyramidal. At the top of this structure, we can find the Supreme Court of India; followed by the High Courts, District Courts, and Subordinate Courts within the country. There is a three-tier system in the judicial system in the country. These are- the Supreme Court of India, the High courts of India, and the Subordinate Courts within the country. India’s highest and final court of appeal is the Supreme Court. 

The Supreme Court of India can make appeals against the judgement of several courts within the country, including the high court of India. The seat of Supreme Court is found to be in Delhi, the national capital. The judgement and verdict made by the supreme court are binding on all the courts within the court. It also has the responsibility of settling the disputes between the state governments, the state and the union, and between the unions. 

Let us look at the powers and jurisdiction of the judicial branch that helps in making it independent. 

Power 

Some of the major power and functions of the Judiciary include the following- 

• Justice administration: The judicial branch helps in the implementation of the laws and provisions of the constitution in several cases and matters, based on their usage and needs. 
• Judge-case laws: It must be noted that there are cases for which the judges cannot necessarily find any relevant law or provisions through which they can work on the case. Hence, to deal with such cases the judges make case-friendly laws and policies. These laws are binding on all similar cases faced by the court of justice. 
• Protection of the basic fundamental rights: The judicial branch makes sure that the fundamental rights of the citizens of the country are not violated. They do so in the form of writs, ordinances, and other provisions. 
• Advisory feature: The judicial branch also plays the role of advice to the higher authorities within the country. 
• Constitution guardian: The judicial branch is considered the guardian of the Constitution of the Country. The major or minor conflicts within the country, that have the prospect to harm and violate the provisions of the constitution, are handled and managed by the Courts. 

Jurisdiction

The jurisdiction’s meaning revolves around the authority of an institution to hear and make verdicts on issues and cases, at the first instance. Generally, the types are jurisdictions include the following- 

• Original Jurisdiction: the court’s power to listen to a matter or case from the very beginning.
• Appellate Jurisdiction: the court’s power and authority to listen to a case on appeal from other lower courts within the country. 
• Demographic Jurisdiction: the court’s power is bounded by demography or territory. 
• Subject-related cases: the court’s power to listen to a case that is related to a particular subject. 
• Pecuniary or Financial Jurisdiction: the court’s power is termed around the financial funds involved in a case.

Conclusion

The administration of India is governed by three very important pillars. These pillars are Legislative, Executive, and Judiciary. In order to make sure the proper functioning of the democratic realm within the country, it is important for the judicial branch to maintain its independent power and jurisdiction. The structure of the Judicial branch of the government in India is pyramidal. The Supreme Court of India can make appeals against the judgement of several courts within the country, including the high court of India. The seat of Supreme Court is found to be in Delhi, the national capital. Judiciary is said to the independent due to the separation of the Judiciary and the Executive and the legislative branch of the government, in terms of powers and actions.