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Judicial System in India

December 2, 2017 0 Comment


The Judiciary is the third organ of the Union Government. While the Legislative branch makes laws and the Executive branch carries them out, it is the job of the Judiciary to interpret or explain what these laws mean and to punish those who break the law. 

Need for Judiciary 

  • To interpret the Constitution of India. 
  • To protect the Fundamental rights of the citizens of India 
  • To maintain the supremacy of the Constitution 

Single unified Judicial System in India

A single unified judicial system has been adopted for the whole country. All the courts enforce the State laws as well as the laws made by the Union Parliament. At the apex if the judicial system is the Supreme court of India, which supervises and controls the functioning of the other courts.

There are no separate sets of law and a single civil and criminal code operates throughout the country. Immediately below the Supreme Court are the State High Courts, and below the High Courts, there are District Courts. Appeals against the decisions of the District Courts can be made at the High Courts. Similarly, appeals against the decisions of the High Courts can be made at the Supreme Court. 

Independence and the impartiality of the Judiciary 

By independence of judiciary, we mean its independence form the control of the executive and the legislature. This also means a fair, impartial, fearless and honest judiciary. It should be above favour or frown in giving its judgment and in doing its duty as a guardian of the Constitution and the rights of the people. Impartiality of the judiciary is necessary because: 

  • It is necessary for the functioning of a democratic constitution, i.e., to be neutral and impartial in despension of justice even if its judgements go against the government of India, i.e., to order punishment of officials of the Government for failure to implement its judgements or orders, and annual laws made by the legislature on the grounds of their being ultra vires or exceeding the powers granted by the law of the Constitution.  
  • To safeguard the dignity of the judges and the court. 

Measures to ensure independence of the judiciary 

  • Appointment of Judges – The judges are appointed by the President if India in consultation with the Chief Justice and such other judges as he may deem necessary. Neither the government not the Chief Justice of India acting on his own can have full control over the appointment of judges. The judges are paid high salaries. 
  • Removal of judges – A judge can remain in office till he has attained the age of sixty five years. The removal of a judge which is possible only through impeachment is a very difficult procedure. Impeachment is done by the Parliament on the basis of “proved misbehavior or incapacity”, which requires a two-thirds majority of the total strength of both the houses of the parliament. Impeachment of the judges of the supreme court as per the procedure prescribed under article 124(4) and the judges enquiry act of 1968, the process of impeachment can only be initiated a hundred members of the Lok Sabha or 50 members of the Rajya Sabha deliver motion address to the President of India through either the speaker of the Lok Sabha all the chairman of the Rajya Sabha. After such a motion has been received in either of the house of the Parliament it is required to be investigated by A committee of 3 members that is 2 judges of the supreme court and one eminent jurist. If the committee find such as guilty of misbehaviour that is violation of constitution or incapacity the report of the committee is been submitted to the house in which the motion of impeachment is pending for reconsideration 
  • Salaries and other allowances – Their salaries and allowances and other perks it cetera are charged on the consolidated fund of India. As such these are not put it up on by the parliament. Moreover their salaries and cannot be changed to their disadvantage during their tenure. The salaries of the judges can be reduced only during the financial emergency. 
  • No open discussion regarding a judge or any judgements – The judges are free to announce their decisions and decrease in the court Chambers without any danger to their person property or fame. The judgement of the supreme court in any case can not ordinarily be the subject of debate discussion in the Parliament are in public or by the press and no discussion Celtic place in the Parliament with respect to the conduct of any judge too. The conduct of a judge can be discussed only when a motion for his removal that is impeachment is under consideration. 
  • Punishment for the contempt of court – Nothing can be done by anyone to lower the dignity and the authority of the court of the judiciary. It has the power to punish anyone for contempt of court for any misconduct in the court Chamber or noncompliance with the order of the court. 
  • No legal practice after retirement – A judge of the Supreme Court or high court is not allowed to practice law after his or her retirement. This is done to ensure that the judges while making the decision should not be unduly influenced by their former colleagues or superiors. 
  • Judges’ oath of affirmation – the judges take an oath of affirmation on assuming the charge as a judge. In the author firms that: 

  • He will be a true faith and allegiance to the constitution of India.
  • Will uphold the sovereignty and integrity of India.
  • Will perform the duties of his office without fear or favour or affection or ill will.
  • The supreme court is free to decide its own procedures of work its establishment  and conditions of service of its employees. 

Conclusion

The Judiciary of India is one of the most powerful as well as corruption free bodies of the Government of India in today’s times when both the Executive as well as the Legislature are trying hard to make the people trust them. The proper functioning of the judiciary is extremely important for grievance redressal too.

Today, there is an extreme shortage of judges and the number of cases per judge is enormous. Steps should be taken to curb this anomaly or else verdicts will be delayed and we all know as the famous saying goes, “Justice delayed is justice denied”.

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