Historically speaking, the Indian judicial system has had a glorious past. The judiciary is an indispensable part of governance and an efficient and independent judiciary is the greatest guarantee of well being of society. Such decisions always involve law-making.
This function is performed by the judges. For example 'Jessica Lal' muder case in which accused was belonged to political powerful family finally given punishment for his crime. The Supreme Court and the High Courts have the power to issue writs for this purpose.
Guardian of the Constitution: Guardian of the Constitution: A citizen has the right to seek the protection of the judiciary in case his rights are violated or threatened to be violated by the government or by private organisations or fellow citizens.
Fourthly, they are paid handsome salary and are entitled to a free house and certain other allowances and privileges neither the salary allowances and privileges, nor their rights in respect of leave of absence or pension can varied to their disadvantage after their appointment.
Legitimate Expectation from Judiciary Everyone has expectations from judiciary for fair judgement which is proved by judiciary at different times through different watershed verdicts.
Without a security of rights and freedom guaranteed by the judiciary, they cannot really hope to carry out their jobs and enjoy their living. A very alarming situation the Indian judiciary faces today is the burgeoning arrear of pending cases, not only with the lower courts, but also with the Supreme Court.
The promotion of good governance through judiciary depends on its independence to a great extent. Justice is considered, as a logical requirement of any society for it is a part of human nature to expect justice and be intolerant to injustice.
The interpretation of laws by the judiciary amounts to law-making as it is these interpretations which really define the laws. Former Chief Justice Chandra HUD opines that the independence of judiciary is the "cardinal feature" and observed that the "judiciary which is to act as a bastion of the rights and freedom of the people is given certain constitutional guarantees to safeguard the independence of judiciary".
Delayed justice is denied justice. The judiciary fixes the quantity and quality of punishment to be given to the criminals. India opted for a single judicial system and by creating a single judiciary with the Supreme Court at the top, the framers of the Constitution obviously intended to introduce certain judicial reforms.
It is further authorized to make appointments of officers and servants of the court and determine their service conditions.Reciprocally, the judiciary in a democracy should have the courage to protect its independence and deliver impartial judgements free of fear of repercussions on career and prospects.
Certainly, a balance between the here limbs of democracy is to be desired, but immature bickering over respective powers should be avoided. The Indian Judiciary is partly a continuation of the British legal system established by the English in the midth century based on a typical hybrid legal system in which customs, precedents and legislative law have validity of law.
It acts as an independent and impartial umpire between the central government and state governments as well as among the states. All legal centre-state disputes are settled by the judiciary. 9. Running of the Judicial Administration: The judiciary is not a department of the government.
It is independent of both the legislature and the executive. Other courts (Subordinate Courts) work under the High Courts. The Supreme Court controls and runs the judicial administration of India.
All courts in India form links of a single judicial system.
2. Independence of Judiciary: The Constitution of India makes judiciary truly independent. Indian Judicial system, can the poor expect fair Judgement? Indian judiciary is one of the highly respected systems in the world. It has a very long known heritage of being immune, independent and impartial.
The Indian judiciary has upheld great values enshrined in the Indian constitution. The needs of the hour are restraint and conformity to the letter and spirit of the constitution both by the judiciary and politicians.Download