Judiciary: Constitution, Roles and Impartiality

As an important organ of government, the judiciary is in charge of interpreting and applying the law in order to uphold justice and settle social problems. The Indian legal system is modeled after the British legal system, with the Supreme Court supervising district courts and high courts. The judiciary ensures the security and justice of citizens by defending the basic rights protected by the Constitution. It has the authority to interpret legislation, settle disputes between states and the Union, and overturn laws that infringe upon basic rights. All things considered, the court is essential to safeguarding the rule of law, defending individual rights, and preserving the distribution of power in society.

Key Takeaways:

• The Indian judiciary is modeled after the British legal system. The Supreme Court sits at the top and is in charge of 25 high courts, which in turn oversee district courts.
• Article 129 states that the Supreme Court is a “court of record,” with authority over its subordinate courts to punish contempt. All courts must abide by the Supreme Court’s rulings, according to Article 141.
• The judiciary plays a crucial role in India’s legal system’s interpretation, conflict resolution, and rights protection. It settles disputes between the Union and the states and guarantees conformity to the Constitution.
• The courts use concepts like “pith and substance,” “severability,” and “colorable legislation” to guarantee that laws are correctly interpreted and applied within the parameters of the constitution.

• Foundation of Democracy: Adopted in 1950, it defines India as a sovereign, socialist, secular, democratic republic.
• Key text: The Indian judiciary derives its essential powers and functions from the constitution of India, and the constitution is the fundamental legal text for democracy in India.
• Lengthy and detailed: It’s the world’s longest written constitution for a sovereign nation, outlining the framework for the entire government.
• Fundamental Rights: It enshrines fundamental rights like equality, freedom, and justice for all citizens.
• Federal Structure: It establishes a federal system with a strong central government and powerful states.
• Balance of Power: It ensures a balance of power between the legislature, executive, and judiciary.
• Adaptable: The constitution can be amended through a well-defined process to reflect changing needs.

The judiciary protects the basic rights that are guaranteed to each and every Indian person under the constitution. The Indian Constitution was drafted with the judiciary’s independence in mind as the country moved from a feudal to a democratic system of government. It was carried out to ensure that the broad protections of the Constitution were properly implemented into the daily lives of common people.

We are endowed with special rights under our Constitution, including the following:

• Civil and political rights (for example right to life);
• freedom from discrimination on the basis of religion, race, caste, sex, or place of birth.
• Economic, social, and cultural rights include things like the freedom to practice any religion and the defense of minorities’ rights.

This function has been carried out by an impartial and independent judiciary, which has empowered Indian citizens.

The Indian Constitution’s Article 50 establishes the judiciary’s independence. This is seen as the judiciary’s independence from the government’s legislative and executive branches. Judicial independence promotes good governance, upholds the rule of law, and fosters the development of an equitable and free society. It is possible to think of the judiciary’s independence and its functions as two sides of the same coin. The judiciary’s independence is correlated with its function as a democracy’s watchdog. It keeps an eye on and upholds control over the other branches of the government. Therefore, when any branch of the government engages in “excess power” that threatens to undermine the interests of society or the individual, the court steps in as a mediator.

Here are some of the of the roles of the judiciary:

• Upholding the Constitution: The judiciary acts as the guardian of the constitution. It ensures that all laws and actions of the government comply with the constitution’s principles.
• Interpreting Laws: Judges interpret existing laws and apply them to specific cases. They clarify ambiguities and ensure consistent application of the law.
• Resolving Disputes: Courts settle legal disputes between individuals, organizations, and the government. They provide a neutral forum for resolving conflicts based on the law.
• Protecting Fundamental Rights: The judiciary safeguards fundamental rights enshrined in the constitution. It can strike down laws that violate these rights and ensure individuals can exercise them freely.
• Judicial Review: Courts have the power to review the actions of the legislature and executive branches. They can declare laws unconstitutional and government actions unlawful.
• Checking Abuses of Power: The judiciary acts as a check on the power of the other two branches. It prevents them from overstepping their authority or infringing on individual rights.
• Delivering Justice: Ultimately, the judiciary aims to deliver fair and just outcomes in legal cases. It ensures everyone receives equal treatment under the law.

The independence of the judiciary is of the utmost importance in order to discharge its vital roles and responsibilities. In order to uphold the standards of justice, liberty, basic rights, and other standards, the state must respect each and every one of a person’s legal rights. This is known as due process of law. This idea can only be implemented by an independent judiciary. History demonstrates that any disruption to the judiciary’s independence has a direct effect on the rights and due process afforded to regular individuals.

What is a constitution?

A constitution is the fundamental document which is the supreme law of a country. It establishes the character of the government, defines the fundamental rights of citizens, and sets out the framework for legal and political systems.

What does a constitution typically include?

• Preamble: This introduces the document and outlines its goals.
• Structure of government: This describes the different branches of government (legislative, executive, and judicial) and their powers.
• Fundamental rights: This section guarantees basic rights to citizens.
• Procedures: This outlines how laws are made, elections are held, and amendments are added.

What is judicial impartiality?

Judicial impartiality refers to the principle that judges should be free from bias and prejudice when making decisions. They should base their rulings solely on the facts of the case, the law, and the legal arguments presented.

What are some threats to judicial impartiality?

• Political pressure: Judges may be pressured by politicians or special interests to rule a certain way.
• Media influence: Public opinion and media coverage can sway judges.
• Financial conflicts: Judges with financial ties to a party in a case might be seen as biased.

How does the judiciary check abuses of power?

The judiciary acts as a check and balance on the power of the other two branches of government. It prevents them from overstepping their authority or infringing on individual rights.

What does Article 50 of the Indian Constitution say?

Article 50 falls under Part IV (Directive Principles of State Policy) of the Indian Constitution. The article states that the “state shall take steps to separate the judiciary from the executive in the public services of the state.”