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  • Writer's pictureStambh Organization

Peace and Justice Strong Institutions

“The wheel of Justice is known to grind veritably sluggishly. But turn it does, although in many cases the delay may involve times if not decades.”

Judiciary is the third vital organ of the Indian Government. The other two organs are Legislature and Executive. Their functions are making laws and executing laws independently. It is the backbone of the govt because whenever there is a disagreement between the middle and State, between State and the citizens, and among the countries, Judiciary is that the only organ which controls the dispute and passes judgment. Judgment gone by the Judiciary is binding on all whether it may be citizens or government. Judiciary is that the guardian of mortal rights, protection of the constitution, and protagonist of peace and charity in India. It checks and balances the legislative or administrative conduct of the Government. It is veritably delicate to answer the question that whether Judges in India are free from political influence? As we all know that it is the sole responsibility of the Supreme Court and High Courts in India to guard the Fundamental Rights of Citizens in our country. So, it is natural that wide powers should be given to the Courts so that they will maintain harmony and attain the objective set out in the Preamble of the constitution. However, the entire system will paralyze, If the judges come partial or if they work under the influence of politicians. In this composition and trouble has been made by citing colourful examples which shows that bar is playing its part impartially or without any kind of political influence. The part played by the Judiciary is veritably appraisable. It ismoving its approach from outdated styles of discipline towards innovative styles of punishment. All over the earth this trouble of our Judiciary plants recognition and appreciation.

The constitution of India is that the largest Constitution on the earth. It provides three main organs upon which the republic functions. These three organs include:

  • (a) Legislature

  • (b) Executive

  • (c) Judiciary.

The legislature is the law-making body. There are two houses i.e. Lok Sabha (The Lower House) and the Rajya Sabha (The Upper House). Bills are drafted and passed with maturity in the Lok Sabha. Also, after passing, the bill moves to the Rajya Sabha for discussion and if it is passed in Rajya Sabha also it moves to the chairman for taking the assent. Once the assent is given by the President the bill becomes law. Administrative is another important organ of the constitution. The part played by the principal includes the enforcement of the law. If the law is not executed also the Judiciary has the installation to discipline the shamefaced. So, a very important part is played by the bar i.e. to discipline the shamefaced or the incorrect doer. It is, thus, anticipated from the bar to play its part veritably cautiously and impartially so that justice should not be denied to anyone on the ground of coitus, estate, creed, or religion. This unique three league system is the base that makes our constitution the largest constitution in the world.

Role of Judiciary

The Indian Constitution protects the citizens from any partial judgment. That is why supreme power is given to the Judiciary to form opinions that supported the rule of law. The courts in India are neither are nor controlled by the govt and that they do not represent any political authority[1].

(a) Separation of Power: This independence of the Judiciary involves ‘Separation of Power’. This means that both the council and superintendent are not allowed to intrude in the functioning of the Judiciary. So, to successfully execute their independent authority, the judges of both the Supreme Court and thus the High Courts must be appointed with no influence on interference from other branches of the government or private or prejudiced interests.

(b) Structure of Courts: The Judiciary is one of the three lynchpins of a republic, the other two being the council and the executive[2]. All three work in the musicale to ensure that the democratic system works efficiently. Still, the principal and thus the council need checks on their power. Judiciary has numerous important places to satisfy which includes:

(i) To act as guardian and practitioner of the constitution.

(ii) To cover abecedarian and other rights of the citizens of India to fulfil the duty assessed on the shoulders of the bar, the judicial system is divided into three situations of Courts in India.

District Court is the smallest court positioned in every quarter of each State. This is where most citizens attend for any disagreement in their megacity or religion. High Court has its supreme court, which is most clearly the veritably stylish judicial authority of the state. Any person displeased by the order of the District Court can appeal to the High Court for its grievances.

Supreme Court is frequently the Apex Court during a country. All other Courts including High Courts and the District Courts are inferior to it. The opinions made by the Supreme Court stand above all other inferior courts. Decision gone by the Supreme Court is final and binding on the parties.

(c) Disagreement Resolution The courts indeed have the proper to discipline people for the crimes they commit. Nearly every social situation which needs a rule is managed by the Judiciary. So, whenever there is a disagreement, the courts intermediate in furnishing results. Whether that disagreement perhaps between citizens, citizens, and government or between two governments or indeed the central and state government, the State is responsible for disagreement resolution.

(d) Judicial Review The bar has the ultimate hold on the Constitution of India. As similar, if there is any violation of the basics of the Constitution, the court can indeed overwritelaws passed by the Parliament. This process is called Judicial Review.

(e) Upholding the Law and Enforcing Fundamental Rights Nearly all abecedarian rights of Indian Citizens are defined in our Constitution. In case, any citizens feel that any of similar rights are violated, they can approach their original High Courts or the Supreme Court under Papers 226 or32 of the Constitution.

Reference [1] accessed 30 October 2021 [2] accessed 30 October 2021

About the author

Manish Bhardwaj

Research intern

The Stambh Organaization, India

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