The Constitution gives a dignified and crucial position to the judiciary. A well- regulated judicial machinery has been introduced in the country with supreme court at the top because its jurisdiction is very broad. It is the ultimate arbiter in all constitutional matters and enjoys an advisory jurisdiction. It can hear appeals from any court and can issue writs for enforcing fundamental rights. the Supreme Court of India has wider powers than the highest court in any other federation.
Each state has a high court which has wide jurisdiction as it is an important instrument of justice. Their most significant aspect of their jurisdiction is the power to issue writs. The writ-jurisdiction of the High Courts is used frequently to enforce Fundamental Rights.
Both the Indian and American constitution are federal in nature, the U.S. judicial system has a dual system of courts, a federal judiciary with the Supreme Court at the top along with a separate and parallel judicial system in each State, whereas the Indian judicial system has a unified system of courts in which The Supreme Court, the High Courts and the Lower Courts constitute a single, unified, judiciary having jurisdiction over all cases arising under any law whether enacted by Parliament or a State Legislature.
Unified judicial system avoids confusing jurisdictional conflicts between the two parallel judicial systems such as arise in the U.S.A. and thus India has the advantage of simplicity. The dual system is cumbersome, expensive and presents difficulties that the other federal system does not experience.
The judiciary in India has to dispense justice not only between one person and another, but also between one citizen and state. The judiciary interprets the Constitution and acts as its guardian by keeping all authorities—legislative, executive, administrative, judicial and quasi- judicial—within bounds.it also supervises the administrative process in the country and also settles inter-governmental disputes.
The judiciary has power to protect people’s Fundamental Rights from any undue encroachment by any organ of the government.
The supreme court also acts as the protector of fundamental rights of the people. It has shown judicial creativity while interpreting fundamental rights. The courts accept that they have to play a law- creative role.
To enable SC and HC to discharge their functions impartially, the constitution contains provisions to safeguard judicial independence. The Judges of these Courts are appointed by the Central Executive.
Once appointed, the Judges hold office till they reach the age of superannuation as fixed by the Constitution and, thus, their tenure is independent of the will of the executive. A special procedure has been laid down for removing the Judges on the ground of incapacity or misbehavior. The constitution establishes an independent judiciary and they have the power of judicial review. This power helps in establishing a govt. that functions within the law. Judicial review is one of the most basic features of the Indian constitution.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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