Judiciary and the Supreme Court of India
The judiciary and the Supreme Court of India play a crucial role in the country's legal system and the overall functioning of the democratic framework.
With a rich history and significant
powers, the judiciary in India has evolved over time to safeguard the rights
and liberties of the citizens and ensure the proper implementation of the law.
This essay aims to provide an overview of the judiciary in India, focusing on
the Supreme Court and its role in the Indian legal system.
Judiciary and the Supreme Court of India-India follows a three-tiered system
of judiciary, consisting of the Supreme Court at the apex, followed by High Courts
in each state and union territory, and subordinate courts at the district
level. The judiciary operates independently of the executive and legislative
branches of the government to ensure a system of checks and balances.
The Supreme Court of India is the highest judicial body in the country and has original, appellate, and advisory jurisdiction. It was established on January 28, 1950, replacing the Federal Court of India.
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Judiciary and the Supreme Court of India-The Supreme Court consists of the Chief Justice of India and a
maximum of 34 judges, appointed by the President of India. The President
appoints judges based on the recommendations of a collegium comprising the
Chief Justice of India and a group of senior judges.
The primary function of the Supreme Court is to uphold the Constitution of India and interpret the laws. It acts as the final arbiter of legal disputes, ensuring uniformity and consistency in the application of the law throughout the country.
Judiciary and the Supreme Court of India-The Supreme Court has the power
of judicial review, allowing it to strike down laws that are unconstitutional
or infringe upon fundamental rights.
One of the essential features of the Supreme Court is its power of judicial activism. Judicial activism refers to the proactive role played by the court in shaping public policy and addressing social issues.
The Supreme Court has used this power to champion
various causes, including environmental protection, human rights, and social
justice. Landmark judgments such as Kesavananda Bharati v. State of Kerala,
which established the basic structure doctrine, and Vishaka v. State of
Rajasthan, which recognized sexual harassment in the workplace, demonstrate the
court's activism and its impact on society.
The Supreme Court also serves as the guardian of fundamental rights enshrined in the Constitution. It ensures that the government and its agencies do not infringe upon the rights of citizens. The court has played a pivotal role in protecting individual liberties, including the right to life, liberty, equality, and freedom of speech and expression.
Judiciary and the Supreme Court of India-It has taken suo motu cognizance of cases involving
human rights violations and has issued directions to safeguard the rights of
marginalized sections of society.
Furthermore, the Supreme Court acts
as an appellate court, hearing appeals from the judgments of High Courts and
other tribunals. It provides a platform for parties dissatisfied with the
decisions of lower courts to seek justice and have their cases reviewed. The
court's appellate jurisdiction contributes to the development of jurisprudence
and the evolution of legal principles in the country.
In recent years, the Supreme Court
has also been actively involved in shaping important policy matters through
Public Interest Litigations (PILs). PILs allow citizens to approach the court
directly to seek redress for public grievances and violations of fundamental
rights. The court has entertained PILs on a wide range of issues, including
environmental pollution, corruption, and the rights of marginalized
communities.
Judiciary and the Supreme Court of India-However, like any institution, the
judiciary, including the Supreme Court, faces certain challenges. One of the
key challenges is the issue of judicial backlog and delay in disposing of
cases. The Indian judicial system is burdened with a massive backlog of cases,
leading to prolonged litigation and delayed justice. Efforts have been made to
address this issue, including the establishment of alternative dispute
resolution mechanisms and the introduction of technology to streamline court
processes.
Conclusion
The judiciary, particularly the
Supreme Court, is an indispensable pillar of India's democratic framework. It
plays a vital role in upholding the rule of law, protecting fundamental rights,
and ensuring justice for all citizens. The Supreme Court's power of judicial review
and activism has made a significant impact on society, shaping public policy
and addressing social issues. It acts as the final arbiter in legal disputes,
ensuring the uniform application of the law throughout the country.
Judiciary and the Supreme Court of India-However, the judiciary also faces challenges that need to be addressed. The issue of judicial backlog and delay in disposing of cases continues to hinder timely justice delivery. Efforts must be made to expedite the judicial process and reduce the burden of pending cases.
Additionally, ensuring judicial accountability and transparency is
essential to maintain public trust in the judiciary. Measures should be taken
to enhance transparency in the appointment and functioning of judges, while
also addressing any concerns regarding corruption or misconduct.
Judiciary and the Supreme Court of India-Overall, the judiciary and the Supreme Court of India are crucial institutions that play a pivotal role in upholding the principles of justice, equality, and democracy. Their independence, impartiality, and commitment to protecting fundamental rights are essential for a vibrant and inclusive society.
With continued efforts to
address challenges and strengthen the judicial system, the judiciary will
continue to serve as the guardian of justice and the protector of citizens'
rights in India.
FAQ.
Q: How is the Supreme Court of India constituted?
A: The Supreme Court of India
consists of the Chief Justice of India and a maximum of 34 judges. The
President of India appoints judges based on the recommendations of a collegium
comprising the Chief Justice of India and a group of senior judges. The appointments
are made to ensure the independence and impartiality of the judiciary.
Q: What is the power of judicial review?
A: The power of judicial review
allows the judiciary, particularly the Supreme Court, to review the
constitutionality of laws and government actions. It enables the court to
strike down any law or executive action that is inconsistent with the
Constitution or violates fundamental rights. Judicial review acts as a check on
the legislative and executive branches of government, ensuring their actions
are within the boundaries of the Constitution.
Q: What is judicial activism?
A: Judicial activism refers to the
proactive role played by the judiciary in shaping public policy and addressing
social issues. It involves the court's active involvement in interpreting laws
and the Constitution in a manner that advances social justice and protects
fundamental rights. The Supreme Court of India has been known for its judicial
activism, using its power to bring about social reforms and protect the rights
of marginalized sections of society.
Q: How does the judiciary contribute to the protection of
fundamental rights in India?
A: The judiciary, particularly the Supreme Court, acts as the guardian of fundamental rights in India. It ensures that the government and its agencies do not infringe upon the rights and liberties of citizens. The court hears cases related to the violation of fundamental rights and issues directions to protect and uphold these rights. It has played a significant role in expanding the scope and interpretation of fundamental rights, thereby strengthening the protection of individual liberties in the country.
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