Print Document or Download PDF

Essay on Indian Judiciary: A Comprehensive View

Feed by sandy Cat- Essay

We are providing many paragraphs, long essay in very simple language with the boundaries of different words here.  Here you can find Essay on Indian Judiciary: A Comprehensive View in English language for students in 1000 words. In this article cover Topic : What is Judiciary?, Separation of power in India, Structure of Indian Judiciary System, Evolution of judiciary system in India, Independence as an important feature, Judicial review of the Supreme Court, Indian judiciary lacks sufficient staffs and Scope of judicial activism in India.

Judiciary is one of the three organs of the state. The function of this organ of state is dispensing justice based on the law of the land and other associate laws deriving its essence from the Constitution of the country Montesquieu, a French philosopher gave the concept of 'Tripartite system' for separation of power of the state. Montesquieu described the breaking down of power between executive, legislature and judiciary.

In this system, there is inherent character of checks and balance between the three organs. Therefore, separation of power is based on the responsibilities of state into distinct branches and also limiting the powers by clearly defining their premises. In this way, the concentration of power and its misuse is avoided at all costs.

The Indian judicial system is derived from English common law of jurisprudence. It is based on precedents, custmfls, legislations and codification of laws.

The Indian judiciary is a single and integrated judiciary system for whole of India. At its apex stands the Supreme Court and at state level are High Courts. Other courts (subordinate courts) works under the High Court. In this way, the judiciary is independent.

The Indian judiciary since its inception has come a long way by evolving and adopting itself to various circumstances. The year 1861 was a landmark year in Indian judiciary. It was in this year that the High Courts in Kolkata, Mumbai and Chennai were established.

Also, with Macaulay's efforts the Indian Penal Code, Criminal Procedure Codes etc were laid, which the modem court applies while dispensing justice. On 26th January, 1950 the Federal Courts gave way to Supreme Court of India under the Indian Constitution.

Articles between 124 to 147 of the Constitution describes the various features of Supreme Courts of India Supreme Court at present has prevision for Chief Justice of India and 30 other judges. Similarly, High Courts of states derives it powers from Constitution and works under the Apex Court.

District courts of India are established by State Government and work under High Courts. Some other innovations at grassroot judiciary are Lok Adalat or Nyaya Panchayat which acts as a mechanism for Alternative Jispute Resolution. Also in 2008 Gram Nyayalayas were established as mobile courts dispensing swift justice for people.

One very important feature of Indian judiciary is its 'Independence'. The Constitution provides for appointment of judges by President; qualification for appointment of judges; difficult procedure for removal of judges; adequate powers and functions of judiciary etc that makes the judiciary independent.

However, in order to preserve its independence, under the three Judges case starting from 1981 in the SP Gupta vs Union of India Case, Supreme court advocates on Record Association vs Union of India 1993 case the collegium system' was put forth.

The system was in principle to secure for itself any executive interference In judicial appointments. But over the last two decades, it became a matter r discussion as there was no transparency in the system. In order to bypass the opacity in the system 99th Constitutional Amendment was passed.

According to it, National Judicial Appointment Commission was constituted with stakeholders from judiciary, executive, civil society for making appointments to the judiciary. However, the constitutionality of commission was challenged and in 2015 the 99th Amendment was quashed. However, the Apex Court advised to bring transparency in the system.

Similarly, another landmark in the judiciary was the basic structure doctrine. The doctrine was given in the famous Keshvanand Bharti Case. Although, there is no exhaustive list for bask structure.

But Supreme Court has reserved for itself to expound on this doctrine. With its various judgments it has described basic structure as supremacy of the Constitution, rule of law, separation of power, judicial review etc among others.

Judicial review was another idea of basic structure that the Apex Court reserved for itsel£ Judicial review is the aspect where it acts as the final int:erpreter of Constitution . The Supreme Court therefore has its power to determine the constitutional validity of any law that gets enacted. In its pursuance of judicial review doctrine, it quashed 99th Constitutional Amendment Act; another area of concern in Indian judiciary is pendency Of cases and understaffed organisation. The famous quote "Justice delayed in justice denied". Over 3 crore cases are pending in the Indian Courts with 65000 in front of Supreme Court, 45 lakh in front of High Court and 2.6 crore in the subordinate court

As a consequence it has been estimated that an under trial accused can spend almost 9 months without any substantial progress in case, before getting a bail. The Law Commission has suggested 40000 judges to be increased and 50 judges for a million people. At present, India has 17 judges per million people making it highly understaffed.

At times it has been observed that whenever the other organs of state do not function well then judiciary steps in. This is called judicial activism. But there exists a very fineline between judicial activism and judicial overreach or judicial adventurism.

In other words, judicial activism is going beyond the normal constraints to judiciary by striking down legislation or instead of passing a judgement passing a legislation disguised as judicial orders.

Over the years Indian polity has seen increasing role of judiciary in the political proces. The mechanism of checks and balance is required to restore balance between different organs of state. It is said, "True freedom requires rule of law and a system in which rights of one are not secured by denial for rights to others."

Read More.


Go Back