In this article you will learn about the Judiciary in India in Political Science.
Judiciary in India
The Judiciary in India is the third arm of the government and is responsible for upholding the laws of the country. It is an independent and impartial system that functions to protect the rights of the citizens and ensure that justice is served.
The Supreme Court of India is the apex court and the highest judicial authority in the country. It has the power to interpret the Constitution, settle disputes between the central and state governments, and hear appeals from lower courts. The High Courts, located in each state, serve as the intermediate courts and have jurisdiction over matters that are not under the jurisdiction of the Supreme Court. The District Courts and Subordinate Courts are at the lowest level and deal with civil and criminal cases at the district and taluk levels.
The Judiciary in India follows a hierarchical structure and operates on the principle of separation of powers. The appointment of judges is done by the President of India on the advice of the Prime Minister and the Chief Justice of India. The Judiciary in India also has the power of judicial review, which allows it to review the laws and actions of the executive and legislative branches of the government to ensure they are constitutional.
Salient Features of Indian Judicial System
The following are the salient features of the Indian Judicial System :
1. Single and Integrated Judicial System : Though the Constitution of India provides for a federal structure, it establishes a single integrated judicial system for the Union and the states. Unlike the U.S. Constitution, which provides for a dual judiciary, the Indian Constitution provides for a single Judiciary with the Supreme Court at the apex, High Court at the state level and the subordinate courts under the High Courts. The Supreme Court is the highest court of the land and it controls and runs the judicial administration of India.
2. Independence of Judiciary : The Constitution of India makes the judiciary completely independent. It provides for : (i) appointment of judges by the President acting on the basis of recommendations made by the Judicial Appointment Commission ; (ii) high qualifications and experience as a condition for appointment to the office of judgeship ; (iii) removal of judges by a difficult method of impeachment ; (iv) high salaries for judges ; (v) grant of pension and other service benefits to judges ; (vi) independent establishment for the judiciary ; and (vii) adequate powers and functional autonomy for the courts. All these essential features together make the Indian judiciary an independent judiciary. It is a matter of great pride and satisfaction that the judiciary in India has been working as an independent judiciary.
3. Judicial Review : The Constitution is a supreme law of the land and the Supreme Court acts as the interpreter and protector of the constitution. It is the guardian of the fundamental rights and freedom of the people. It exercises the power of Judicial Review for performing this role. By it the supreme court determines the constitutional validity of all laws of the legislature and orders or rules of the executive. It can strike down any such law or a part of any law which is found to be unconstitutional in the judicial review made by the Court. The High Courts also exercise the power of judicial review.
This article on Judiciary in India in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.