JUDICIARY
WHAT IS MEANT BY JUDICIARY?
- All the courts at different levels in a country put together are called the judiciary.
- Judiciary is an important organ of the government
WHAT IS THE ROLE OF JUDICIARY?
- The principal role of the judiciary is to protect rule of law and ensure supremacy of law
- In order to ensure the smooth functioning – Constitution provided for an Independent and Integrated Judiciary
WHAT IS MEANT BY INDEPENDENT JUDICIARY?
- Simply stated independence of judiciary means
- the other organs of the government must not restrain the functioning of the judiciary in such a way that it is unable to do justice.
- In short judges must be able to perform their functions without fear or favour
HOW IS THIS INDEPENDENCE ENSURED?
- The Indian Constitution has ensured the independence of the judiciary through a number of measures
- The Parliament is not involved in the process of appointment of judges
- Judges have a fixed tenure and salaries of judges cannot be withheld by parliament or executive
- Removal of judges has been made very difficult – in fact it is in a similar manner to that of President
- The actions and decisions of the judges can not be criticised even in the Parliament
SLIDE 6: WHAT IS MEANT BY INTEGRATED JUDICIARY?
- Integrated Judiciary means that top court in the country (Supreme Court in India) controls the entire Judicial administration and
- Decisions of the top court are binding on all other courts of the country
SLIDE 7: WHAT IS THE STRUCTURE OF INDIAN JUDICIARY?
- The Indian Judiciary consists of a
- Supreme Court for the entire nation
- High Courts in the states
- District courts and Session courts at the district level
- Trial courts at the local level