JUDICIARY: AN ORGAN OF GOVERNMENT
"There is no better test of the excellence of a government than the efficiency of its judicial system."
-(Lord Bryce)
Meaning and Role of Judiciary
The judiciary is the third branch of government along with he legislature and the executive. The term 'judiciary' is used to t designate those officers of government whose function is to apply the existing law to individual cases by keeping in view standards of fairness' and reasonableness' while applying the laws to individual cases.Lord Bryce says that there is "no better test of the excellence of a government than the efficiency of its judicial system." The judiciary has been rightly called, "The shield of innocence and safeguardian of civil right." The laws are the basis for bringing order in society by means of the judiciary. The judicial process helps the process of legitimacy of the State. The judiciary is the main pillar of democracy. Judiciary is the rule adjudication agency of a political system.
Lord Bryce says, "If the law be dishonestly administered, the salt has lost its flavour. If it is weakly or fitfully enforced the guarantee of order fails. If the lamp of justice goes out in darkness, how great is that darkness." Judiciary, therefore, is one of the most vital branches of government.
Sidgewick says that "In determining nation's rank in political civilization no test is more decisive than the degree in which justice as defined by law is actually realised in its judicial administration, both as between one private citizen and another and as between private citizen and members of the government." It is therefore Judiciary essential that great care should be taken in organising the judiciary and making it free and fearless.
The judiciary is the guardian of the rights of the citizens, Protecting these rights from government or private encroachment. Every citizen looks to the judiciary to protect his rights. Judiciary Plays an important role in protecting the rights and liberties of the people, settling disputes, interpreting the laws and protecting the constitution.
The judiciary consists of the magistrates and judges charged with the function of the administration of justice.
Functions of judiciary in a Modern Democratic state.
In administration of justice, the judiciary performs the following functions :—
(1) Renders justice-
The crime ceased to be a private crime, and began to be considered a crime against the State, judiciary is a tool in the hands of the State to punish the offenders and renders justice where it is rightfully due. In punishing criminals and in deciding cases, the Court first investigates and determines the facts. Then it applies the law to various cases. It punishes those who break the law.
(2) Interprets laws-
The basic function of the judiciary is to explain the existing law and apply it to the appropriate cases. The judges determine the meaning of the law in trying cases ases and settling disputes. Gettle says that 'Constitution and Laws are always rigid, flexibility must be given to them by the Judges." Judges should provide justice with utmost legal protect the eminence impartial outlook and rational attitude. They should innocent and honest people,against the culprits.
(3) Protects rights-
Every constitution guarantees fundamental rights to its citizens. Mere declaration of rights is useless unless they are protected and preserved by some competent body. That body is called judiciary. It protects the fundamental -fights and preserves the liberties of people. It acts as the guardian of the rights of people. Whenever their rights are violated they can challenge even the Government before a Court of Law. Sometimes even before The rights are actually violated citizens can approach the proper Court which issues restraining orders of injunctions. Thus, judiciary acts as the watch-dog of individuals freedom and other rights.
(4) Creates law-
The judiciary sometimes creates new laws through its power of interpretation or by acting on the principle of equity. When laws are ambiguous the court decides what the law is and which of them shall prevail. In this they are guided by principles of equity and common sense along with natural justice. Thus, they set precedents, which are followed in similar case. Judiciary, thus, acts as a law-maker.
(5) Safeguards the Constitution-
The judiciary is the custodian of Constitution. It is charged with the duty of upholding the Constitution. It declares the laws of the legislature and the orders of the executive unconstitutional in case the same are repugnant to the Constitution. They can declare any case provision of the law enacted by the legislature as ultra vires In the same are in violation of the Constitution.
(6)Protects the federation-
Judiciary acts as the of federation. Federation involves the existence of two governments, one at the Centre and the other at the provincial level. If conflicts between the Centre and the provincial governments crop up, it resolves such conflicts. It maintains a proper balance and protects the federal structure by keeping both the governments within their constitutional limits.
(7) Advises the Government-
The judiciary in democratic countries advises the chief executive on constitutional and legal matters when it is sought. In India, the President has the authority "to refer to the Supreme Court any question of law of fact which, in his opinion, is of public interest. So is the case with Canada and the UK. However, the Supreme Court of the U.S.A. has no advisory function. But, some of the American States impose a duty on their judiciary to give advisory opinion on legislative proposals.
(8) Acts as court of records.—
The judiciary also acts as a court of record. It keeps and maintains all its judgments and other documents in its archives. Such records help in solving disputes of similar type in future.
(9) Punishes for contempt of court-
The judiciary has the power to punish individuals for contempt of its authority. If any person criticises the decisions of the court or the conduct of the judges or fails to abide by its orders, it can initiate proceedings against him and punish him for having committed contempt of the Court.
(10) Miscellaneous functions-
Apart from the functions mentioned above, judiciary performs certain other functions, which are non-judicial but administrative in nature.
They are :
(i) The Courts appoint guardians of minors and trustees;
(ii) They possess final authority regarding disputes over elections;
(iii) They admit wills to probate;
(iv) Court registers the performance of civil marriages;
(v) It issues injunctions asking individuals or parties concerned, as not to do as a particular thing, deemed objectionable by the complainant;
(vi) It appoints receivers or administrators for the companies which are unable to meet their financial obligations;
(vii) It conducts judicial inquiries into some serious incidents if the government asks for; (viii) It issues certificates for the grant of naturalised citizenship;
(viii) It supervises the working of lower courts.
(ix) The Chief Justice of Undiapn Supreme Court administers oath of office when the President assumes office.
(x) It can take up the Public Interest Litigation in India.
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