Judiciary: Definition and Meaning

India is a democratic country. Our country needs certain bodies to control it in order to work properly. There are three primary bodies of power. They are the executive, legislative, and judicial branches. This essay will concentrate on the third body, the judiciary. The Judiciary's tasks include interpreting laws and resolving disputes. It is also known as "democracy's watchdog." It is responsible for justice as the constitutional protector. In India, there are three categories of courts: the Supreme Court, High Courts, and District Courts. In this post, we will also go through the judiciary's powers in depth.

Indian Judiciary System

The judiciary is the branch of government responsible for interpreting the law, resolving disputes, and providing justice to all citizens. The judiciary is seen as the watchdog of democracy and the keeper of the Constitution. It is essential to have a fair and independent judiciary for democracy to work properly.

Independent Indian Judiciary

The term "independent Indian judiciary" refers to the fact that the other branches of government, particularly the executive and legislative branches, do not obstruct the operation of the judiciary. The judgment of the judiciary is recognized and not tampered with by the other organs. Additionally, it implies that judges can carry out their duties without regard for personal gain.

The judiciary's independence does not imply that it operates arbitrarily and without responsibility. It is held responsible under the country's Constitution.

Function of the Judiciary

The Judiciary's primary job is to interpret laws and resolve disputes among people. It serves as the Constitution's defender. Other functions are as follows

• It safeguards and defends the people's basic rights.

• It aids in the resolution of conflicts, according to the law.

• It aids in the implementation of key political decisions.

• It assures that the Constitution is supreme and that the judiciary must make all decisions in accordance with it.

• It is very important in the legislative process

• As a democratic watchdog, it ensures that the system and government work properly.

• It is in charge of protecting the people's rights.

• It also advises the executive and legislative branches.

• The judiciary settles disputes between the state and the federal government

Power of Judiciary

The Indian Judiciary has the authority to reconsider existing rulings. The judiciary's power is referred to as "judicial powers." The judiciary is free to exercise its authority without fear of reprisal. The judges who are appointed must be well qualified and experienced. The judicial powers are explored in depth below.

• Original Jurisdiction − The matter is said to have original jurisdiction when the initial hearing is held.

• Appellate Jurisdiction − When the initial or original judgment is challenged in court, this is referred to as "appellate jurisdiction."

• Redress − It is referred to as "redress" when the court deals with the damages.

• Diversity Jurisdiction − The federal courts have the authority to consider matters involving citizens from other states. Diversity jurisdiction refers to this sort of jurisdiction.

• Subject Jurisdiction − When the federal courts have jurisdiction over issues involving federal law, that jurisdiction is referred to as the "subject jurisdiction."

Structure of Indian Judiciary

The Indian court system is divided into different tiers in order to decentralize and solve issues at the grassroots level. The fundamental structure is as follows

• Supreme Court − The Supreme Court was constituted on January 28, 1950, as the country's highest court. It is the highest court of appeal, hearing both original claims and appeals from High Court decisions. There are 25 judges in total on the Supreme Court, including the Chief Justice of India. The Supreme Court's authority is defined under Articles 124–147 of the Indian Constitution.

• High Courts − The highest judicial entity at the state level is the High Court. The power of High Courts is established under Article 214. In India, there are 25 High Courts. Only when the lower courts in the state are unable to try the cases can the High Courts have civil or criminal jurisdiction. Even appeals from lower courts may be heard by the Supreme Court. The President of India appoints High Court justices after consulting with the Chief Justice of India, the Chief Justice of the High Court, and the Governor of the State.

• District Courts − The State Governments of India create District Courts for each district or set of districts based on caseload and population density. District Courts are directly administered by High Courts and are bound by High Court decisions. In general, each district has two types of courts:

• Civil courts

• Criminal courts

  District Judges have authority over District Courts. Depending on the caseload, additional district judges and assistant district judges may be appointed. Appeals from District Court decisions are heard at the High Court.

• Subordinate Courts − Part VI of the Constitution contains the following articles that control the formation of subordinate courts and maintain their independence from the executive: The state's High Court has power over the lower courts. However, it is vital to remember that the High Court of a state has the authority to withdraw a matter pending before any subordinate court, regardless of jurisdiction. The High Court also has total jurisdiction and supervision over subordinate court personnel and officers.

Hierarchy of Courts in India

Our Indian Constitution provides for a single, integrated system of courts for the Union and the States, which administers both Union and state legislation. The Supreme Court of India is at the apex of the judicial system

The Supreme Court is followed by the High Courts of several states, and beneath each High Court are "subordinate courts," that is, courts subordinate to and under the supervision of the High Courts.

Conclusion

The Indian judicial system is self-contained and operates in its own manner. The Indian Constitution defines all of the principles of court organization, composition, powers, and activities. The judiciary has the authority to interpret the rules and regulations outlined in various laws. It is significant because it provides observations based on changing circumstances. As citizens of India, we must have complete faith in our judicial system, which allows us to live in a crime-free society.

Frequently Asked Questions

Q1. What is the judicial system in India?

Ans. The Indian judicial system is a unified system. The Indian judiciary is divided into two branches by the Indian Constitution: the superior judiciary (the Supreme Court and the High Courts) and the subordinate judiciary (the lower courts under the control of the High Courts).

Q2. What is the need for an independent judiciary in a democracy?

Ans. A democracy depends on equality, which is a fundamental idea. When it comes to the courtroom, maintaining impartial justice is critical to upholding the notion of equality. The concept of an independent judiciary holds that the legal executive should be free of interference from other branches of government. Justice will be transformed in the absence of an independent judiciary. Political or governmental influence can have an impact on the legal system.

Q3. What is obiter dictum in law?

Ans. Obiter dictum is a judge's opinion or statement that is not required to be included in the court's judgment.

Q4. What are the civil courts and criminal courts? Mention a few examples for civil and criminal cases.

Ans. The two types of cases are civil and criminal. Civil proceedings are primarily conflicts between individuals. As an example, divorce, child custody, land conflicts, money or property issues, and so on. Criminal cases are those in which one party or individual commits a crime. These include stealing, murder, rape, physically injuring others, abduction, and so forth. As the name implies, all civil matters are heard in civil courts, whereas criminal cases are heard in criminal courts.

Q5. What is the "Appellate System"?

Ans. The appellate system is a part of the Indian legal system that allows a person to appeal to a higher court if they believe a lower court's ruling was unfair.