JUDICIARY

INTRODUCTION

Third Organ of the Governmental

machinery
Chief Task : Administration of
Justice
IMPORTANCE OF JUDICIARY
 Administration of Justice
 Welfare of the citizens depends upon the
speedy and impartial justice
 Guardian of the rights of man and it protects
these rights from the possibilities of
individual and public encroachments
PRINCIPLES OF JUDICIARY
 Law must apply to all men as men and equal
protection of life under the law and equal
penalties for everyone violating it .
 Punishment must be what the law prescribes
for a particular offence and it must always
remain same for the same kind of offence .
FUNCTIONS OF JUDICIARY
  Interpretation of Law:
 The primary function of the judiciary I is to
interpret law and apply them to specific
cases that come before it.
 Custodian of the Constitution:

 The judiciary acts as guardian of the

constitution in federal government.
Constitution in a federation is the supreme
law of the land. The judiciary protects its
spirit and character.

  Guardian of Civil Liberties:
 The judiciary is the guardian! civil liberties of
the people. It protects individual liberty by
punishing those who encroach upon it. It also
protects the people against an; arbitrary
action of the government.
  Legislative Functions of the Judiciary:
 (a)The judges not only interpret and apply
law but also expand and make law. As
Laski says, "The Court finds the law, but in
finding it the court also makes it". Laws arc
not so comprehensive as to cover all
details of every case that comes before
the courts for decision.
 The courts thus find the exact meanings of
the law, expand its details and apply
general principles of justice and morality.
 The judiciary also plays an important
legislative role in other respects as well. The
judges add flesh and blood to the dry bones
of law by their interpretations and
judgments.
 Advisory Functions:

 The courts also give advisory opinions when

requested to do so by the executive or by the
legislature.
 Administrative Functions:
 The Supreme Court and High Courts arc also
empowered to appoint their local officials and
subordi­nate staff. This is an administrative
function of the judiciary.
 Miscellaneous Functions:
 Judiciary performs miscellaneous functions
like the granting of probate and appointment
of receivers, guardians and trustees,
adjudication, arbitration and conciliation.
They act as courts of ward, courts of enquiry
and investigation. They may grant 
licenses, choose and appoint clerical and
other functionaries etc
NECESSITY OF A SUPREME COURT
 The SC in a federal system has to interpret
the consititution.
 SC and HC protect the fundamental rights
 SC gives a new meaning to the to meet the
new situations .
COMPOSITION AND ORGANIZATION
 Appointment of judges
 Every judge of the Sc is appointed by the
President in consultation with the Chief
Justice of India .
 The CJI must consult the 4 seniormost
judges before making any
recommendation to the President of India .
 The criteria for the appointment of the CJI
is seniority .
 There are 25 SC judges and One CJI.
 Qualifications for the Appointment as a Judge
 A judge of the SC must be a citizen of India
 Must have been for at least five years a judge of
the High Court or
 An advocate of a HC for at least 10 years
 Must be in opinion of the president ,a
distinguished jurist .
OATH OF OFFICE
 Every judge before he enters upon his office has
to make an oath or affirmation that he
a. He will bear true faith and allegiance to the
constitution
b. Uphold the sovereignty and integrity of India

c. Will perform the duties of his office without fear or

favour ,affection or ill will .
TERM OF OFFICE AND REMOVAL
 A judge retires at the age of 65 years .
 A judge may resign his office by writing to
the president .
 A judge may be removed by the president on
ground of misbehavior or incapacity but that
is possible only when an address of each
house of parliament (passed by a majority of
the total membership of that house and by
majority of not less than two thirds of the
members present and voting .
SALARIES ETC.
 The CJI and Judges are paid such salaries as
may be determined by the Parliament .Their
salaries are charged on the consolidated fund
of India and cannot be voted upon by the
Parliament .
 The salaries of the Judges cannot be reduced
except in case of financial emergency .
JUDICIAL REVIEW
 Judicial Review is therefore a term to
describe the power of courts to declare acts
of legislature or executive of no effect and
consequently invalid if they are found to be
in conflict with the constitution .
JUDICIAL REVIEW –RIGHTS
PROTECTING SERVICE
 It is a rights protecting service rendered by
courts to protect the personal rights against
legislative and executive action, states right
against national action, natural rights against
state action and the respective rights of
executive and legislative bodies as these
various rights are held to exist under the
national constitution .
JUDICIAL REVIEW –BALANCING
WHEEL
 Judicial Review is the balancing wheel of the
constitution . Judicial interpretation
neutralizes and rationalizes and thus
balances the various interests and groups in
the community .
POWER OF JUDICIAL REVIEW
 Judicial review is the power of the courts to
declare the constitutionality or otherwise of
legislatice enactments and executive orders .
INDEPENDENCE OF JUDICIARY

 By indepence of judiciary , it is meant that

judges should exercise unfettered discretion
in the interpretation of laws and
administration of justice , and they should
remain uninfluenced in the discharge of their
duties .
INDEPENDENCY OF JUDICIARY IS ENSURED
BY THE FOLLOWING PROVISIONS:-

 Appointment of the Judges

 Security of tenure

 Salaries

 No discussion with respect to the conduct of

any judge in the parliament except when a
motion for his removal is passed .
 Punishment for the contempt of court .

 Prohibition of practice by the retired judge .

JURISDICTION AND POWERS
 Original Juridiction
 Govt of India vs States

 Govt of India and any states vs other states

 Between two or more states

 Writs for the enforcement of fundamental rights .

 Advisory Jurisdiction
 The President may obtain the opinion of he SC on
a question of law or fact . The court may give its
opinion.

 Appellate Jurisdiction
 Constitutional Cases

 Civil Cases

 Criminal Matters