Upholding the Law and Enforcing Fundamental Rights: If the citizens of India believe that their Fundamental Rights have been violated, they can approach the Supreme Court or the High Court. This happens when the judiciary believes that these laws are a violation of the basic structure of the Constitution. Judicial Review: The judiciary can strike down certain laws passed by the Parliament under its power of judicial review. The judiciary performs the following roles.ĭispute Resolution: The mechanism of the judicial system helps in resolving disputes between the citizens, between the citizens and the government, between two state governments, and between the Centre and the State governments. The role of the judiciary can be understood by understanding its functioning. The answer to why do we need an independent judiciary is that this independence allows the judiciary to play its role in a non-biased or influenced manner. The judiciary is a critical organ of the government and it plays a crucial role in the efficient functioning of India’s democracy. In India, this judicial system consists of the mechanism of courts, and citizens can approach these courts when a law is violated. In order to enforce this rule of law, we need a judicial system. When any law is violated, a certain set of fixed procedures need to be followed to uphold the law and to provide justice to the aggrieved person or persons. Judiciary follows the principle of equality. In the early 1980s, the Supreme Court started the mechanism of public interest litigation (PIL). The decision that is made in a higher court is bound to the lower courts.Īll the citizens of India have access to the courts.Įvery citizen has the right to demand justice from the courts of India. The judges to the Supreme Court and High Court are appointed by the President of India after consultation with the Governor of the concerned state and the Chief Justice of the Supreme Court. The independent functioning ensures that no power is misused by the executive or the legislature. Validating the law and applying fundamental rights It keeps a check on the powers of the legislature and the executive. The judiciary plays an important role in the interpretation of laws. Judiciary is the guardian of the constitution. The judiciary is the system of courts that decides on legal disputes and legal cases.
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