GENERAL DEFINITION OF JUDICIARY:
Judiciary, a group of people who have well-versed knowledge of the law have the responsibility to take care of proper jurisdiction of laws of a state.
“THE CONCEPT OF A GOOD JUDICIARY IS VERY MUCH LIKE THAT OF A CASTLE IN THE AIR. JUST A VERY PLEASANT IMAGINATION. “- JOYJIT GHOSH
JUDICIARY IN INDIA:
In India, the judiciary is an independent organ of the state. Ensuring the protection of citizen’s rights either against the state or an individual is its first priority. Before getting further, let’s discuss the independence of our judiciary and its reality As we all know that being a democratic country India has a responsibility to provide fair and unbiased justice to each and every citizen, which can only be possible by the independence of the judiciary. Now, many of you must be thinking is our judiciary really independent? Let’s have a look at some elements which proves it’s independence
- Appointment of judges on the basis of merits and ability.
- Having no influence of other organs on its work.
- The long tenure of judges in court.
- Job security can also be seen.
- High salary of judges and other perks.
- The court can take decisions against any institution or individual if found guilty during court proceedings.
After going through regarding its independence. Now, let’s discuss some of its UNIQUE FEATURES:
- Single and integrated judicial systems.
- Safeguard of the constitution.
- Separate High court for each state or a provision for joint High court.
- Supreme court also act as an arbitrator between State and Union when an issue arises.
Being an organ of the state it must have a proper structure in which it works. So, let’s have a look.
The apex court of the nation. It has the power to change the decision of the High court and other lower courts if required.
The highest court of any one or two states which have the power to change the decision of district and subordinate courts if required.
SUBORDINATE OR LOWER COURTS IN DISTRICT
The court which is present in every district and considered to be very much closer and accessible to the people. And it can further be divided into these parts.
CIVIL COURT: The court where only civil cases are being taken and dealt with.
CRIMINAL COURT: The court where only criminal cases are being taken and dealt.
REVENUE COURT: The court where only revenue-related cases are being taken and dealt.
Having such a vast structure means it also has a vast jurisdictions arena which can fall under these categories.
It is the power to hear the case for the first time. For example, the Supreme Court has the power of original jurisdictions in issues between state and union.
It is where a plaintiff or defendant is not satisfied by a decision by a lower court that goes to the upper court. Supreme court and High courts have the power of appellate jurisdiction.
It is also one of the important jurisdictions which our judiciary system has.
Huge pendency of cases, Increasing corruption, lack of transparency, No direct interaction with people are some of the defects in this system which demands reform in the system. As
“INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE “—MARTIN LUTHER KING JR.
This Article is Authored By Sanjana Wason, Student of B.A. LL.B (Hons.), MDU Centre For Professional And Skilled Studies Gurugram.