The Judiciary

Introduction

A Judiciary is an integral part of a democracy. It holds the balance of powers in a democratic system. Judiciary systems are kept independent of politics and work solely based on facts, morals and logic. It is often considered the third pillar of democracy.

What Does the Word Judiciary Mean?

• The judiciary is the collective name that represents all the courts of a country.
• The Indian judiciary consists of:
  • Supreme court for the entire nation
  • High courts in the states
  • District courts and local courts are two types of courts
• India has an integrated judiciary
• The supreme court controls the legal organisation in the country. Any remaining courts in the nation are limited by their choices
• It can take up any debate between residents of the country, among residents and government, between at least two state legislatures, between the administrative and state legislatures
• In both common and criminal debates, it is the most elevated court of allure
• It has the power to think about requests from high court choices

Independence of the Judiciary

• Judges are not subject to legislative or executive control, and they do not act on the government’s orders or the views of the ruling party
• The president appoints the supreme court and high court judges at the suggestion of the prime minister and in consultation with the chief justice of the supreme court
• The chief justice is normally chosen from among the supreme court’s senior judges
• Removal of the judge: It is practically impossible to remove a judge from the supreme court or the high court once they have been nominated for that post. Only an impeachment resolution passed by two-thirds of members of each of the two houses of parliament can remove a judge. In the history of Indian democracy, this has never happened

Powers of the Judiciary

• The supreme court and the high courts have the power to interpret the constitution. They can declare any law of the legislature or the actions of the executive invalid if they find that legislation or activity violates the constitution. They have the power to challenge it at the federal or state level
• Power of Judicial review: When any legislation or governmental action in the country is challenged in court, they can decide its constitutional validity
• The supreme court of India has also held that parliament cannot amend the constitution’s core or fundamental principles
• The Indian judiciary’s authority and independence enable it to serve as the guardian of fundamental rights

Conclusion

Judiciary is considered as the Watchdog of democracy and is that branch of the government which interprets the law and settles disputes between people and government. Judiciary collectors represent all the courts of the country. Indian Judiciary classes of Supreme Court, High Court, District Court and local courts. It is important to maintain the independence of the Judiciary from other organs of government to maintain its integrity and impartiality. In India independence of the Judiciary is ensured as judges are not subject to legislative or executive control, the president appoints the judges of the supreme court and high court and removal of judges is a very cumbersome process that needs an impeachment resolution passed by two-thirds of members of each of the two houses of parliament. The Indian Judiciary is endowed with great power. The Supreme Court and high court can interpret the constitution, can declare any law invalid and have the power of Judicial review. This makes the Indian judiciary one of the most powerful Judiciary systems in the world.

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