IGNOUMATIC

The judiciary in India plays a vital role in upholding the rule of law, protecting fundamental rights, and ensuring justice for all citizens. With a hierarchical structure comprising the Supreme Court, High Courts, and subordinate courts, the judiciary functions independently of the executive and legislative branches. Here’s an examination of the working of the judiciary in India:

 1. Constitutional Framework:

1.1. Independence and Separation of Powers:

– The Indian Constitution guarantees judicial independence, ensuring that the judiciary functions autonomously and free from external influences. The principle of separation of powers delineates distinct roles for the judiciary, executive, and legislature, preventing undue interference in judicial affairs.

1.2. Judicial Review:

– The judiciary has the power of judicial review, allowing it to examine the constitutionality of laws, executive actions, and government policies. This power serves as a check on the legislative and executive branches, ensuring that they adhere to constitutional principles and protect citizens’ rights.

 2. Jurisdiction and Structure:

2.1. Supreme Court:

– As the apex court of the country, the Supreme Court has original, appellate, and advisory jurisdiction. It hears cases of national importance, constitutional matters, and appeals from High Courts. The Supreme Court also acts as a guardian of fundamental rights and interprets constitutional provisions.

2.2. High Courts:

– Each state in India has a High Court, which serves as the highest judicial authority within the state. High Courts hear appeals from subordinate courts, supervise their functioning, and exercise writ jurisdiction to enforce fundamental rights.

2.3. Subordinate Courts:

– Subordinate courts, including district courts, sessions courts, and magistrates’ courts, handle civil, criminal, and other legal matters at the district and lower levels. They form the backbone of the judicial system, adjudicating disputes and delivering justice at the grassroots level.

 3. Role and Functions:

3.1. Adjudication of Disputes:

– The primary function of the judiciary is to adjudicate disputes and administer justice impartially. Courts hear cases related to civil disputes, criminal offenses, property rights, contractual matters, and constitutional issues, among others, and deliver judgments based on legal principles and evidence presented.

3.2. Protection of Fundamental Rights:

– The judiciary safeguards fundamental rights enshrined in the Constitution, including the right to equality, freedom of speech, right to life, and personal liberty. Courts have the authority to issue writs, such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto, to protect these rights and remedy violations.

 4. Challenges and Concerns:

4.1. Backlog of Cases:

– One of the most significant challenges facing the Indian judiciary is the backlog of cases, leading to delays in the disposal of cases and prolonged litigation. The sheer volume of pending cases, coupled with resource constraints and procedural complexities, impedes timely justice delivery.

4.2. Judicial Activism vs. Restraint:

– The judiciary’s activism, characterized by suo motu interventions, public interest litigation (PIL), and expansive interpretations of the law, has been both praised and criticized. While judicial activism has led to progressive rulings and social reform, it has also raised concerns about judicial overreach and encroachment on the domain of the executive and legislature.

 5. Transparency and Accountability:

5.1. Judicial Accountability:

– Ensuring judicial accountability and transparency is essential for maintaining public trust in the judiciary. Mechanisms such as judicial appointments commissions, disciplinary proceedings against errant judges, and public scrutiny of judicial proceedings help uphold judicial integrity and accountability.

5.2. Access to Justice:

– Access to justice for all citizens, irrespective of socio-economic status, remains a fundamental principle of the judiciary. Efforts to enhance legal aid services, promote alternative dispute resolution mechanisms, and simplify court procedures aim to improve access to justice and reduce barriers to legal recourse.

 6. Conclusion:

The functioning of the judiciary in India is integral to the country’s democratic fabric, ensuring the rule of law, protection of fundamental rights, and access to justice for all. While the judiciary faces challenges such as backlog of cases, judicial activism, and accountability issues, continuous reforms, technological advancements, and institutional strengthening efforts are essential to address these challenges and uphold the judiciary’s constitutional mandate. As the guardian of justice and defender of constitutional values, the judiciary plays a crucial role in advancing the principles of democracy, equality, and rule of law in India.