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Who is the Judiciary? task significance.

In this we will know what is called judiciary, functions of judiciary, importance of judiciary etc.

Functions of Judiciary-

1. To do justice – The main function of the judiciary is to do justice. The executive apprehends the violator of the law and presents them before the judiciary. The judiciary listens to all the cases that come before it and gives its just decision on them.

2. Interpretation of laws – The judiciary interprets the laws made in the legislature as well as interprets those laws which are not clear. The interpretation of law made by the judiciary is final and no person can refuse to accept that interpretation.

3. Making of Laws – Normally the work of law making is done by the legislature, but in many cases the judiciary also makes the laws. While interpreting the law, the judges give rise to many new meanings of the law, due to which the nature of the laws itself is changed and a new law is created.

Sometimes such cases also come before the judiciary, where decisions cannot be made on the basis of available laws. At such times, judges make decisions based on the rules of justice, fairness and honesty. These decisions become law in future.

4. Protection of Constitution – The responsibility of maintaining the supremacy of the constitution rests with the judiciary. If the legislature makes any such law, which is against the provisions of the constitution, then the judiciary can declare that law unconstitutional.

This power of the judiciary has been named Judicial Review, the judiciary also gets the right to interpret the constitution. Similarly the judiciary acts as the guardian of the constitution.

5. Protection of Union – In countries that have adopted a federal system, the judiciary also acts as the guardian of the union. In the federal system of governance, many times different types of differences arise between the center and the states,

These are decided by the judiciary itself. It is the duty of the judiciary to see that the center does not interfere in the affairs of the states and neither the states should interfere in the affairs of the centre.

6. Protection of Civil Rights – The protection of the freedom and rights of the citizens is very necessary for the survival of democracy. If they are not protected, the executive can become autocratic and dictatorial.

The liberties and rights of citizens are protected by the judiciary. In many states, the system of fundamental rights of citizens has been mentioned in the constitution.

So that they can get the protection of the constitution and the judiciary. Thus, it is the special responsibility of the judiciary to always keep in view that no part of the government can encroach on these rights.

7. Advising – In many countries, the judiciary also provides legal advice. In India, the President can consult the Supreme Court on any matter, but whether or not to accept this advice is up to the President.

8. Administrative Functions – In many countries, courts also have to perform administrative functions. In India, there is administrative control over the Supreme Court, High Courts and subordinate courts.

9. Issue of orders – The judiciary can order the public that they cannot do a certain thing and it can also get any work done. If those things are not done, then the court can punish without prosecuting or can also impose fine etc.

10. Functions of Court of Record – The judiciary also performs the function of the Court of Record, which means that the judiciary also has to keep a record of the decisions of all the cases and the advice given to the government. Copies of these decisions and advisories may be obtained at any time.

Importance of Judiciary

Man is a thinking being and at the same time each person has his own special interests. Due to such differences in the thoughts and interests of the individual, conflict between them is quite natural.

Who is the Judiciary? task significance.

Apart from this, the ruling class can misuse its powers while doing the work of governance. In such a situation there is always a need for such an authority which can resolve the mutual disputes of individuals and compel the ruling class to stay within its limits.

The name of the authority that performs these functions is the judiciary. From the beginning of the state till today, the Justice Department has always existed in one form or the other and from the point of view of the general public, the performance of judicial work is of utmost importance.

No matter how perfect and best the system of legislature and executive in the state may be, but if there is partiality in doing justice, unnecessary expenditure and delay or there is any other kind of defect in the justice department, then life will be very sad. Will go

Who is the Judiciary? task significance.

With regard to the Department of Justice, Bice has said in his best terminology, “There is no other criterion of the goodness of government more than the efficiency of the Department of Justice, for nothing more affects the safety and interests of the citizen,

As much as his knowledge that he can depend on a certain, speedy and non-partisan administration of justice. In the present time, the importance of the judiciary has increased a lot, because along with the decision of prosecutions, the judiciary also performs the task of interpreting and protecting the constitution.

Measures to maintain the independence of the judiciary

An independent judiciary is the criterion of good governance. Therefore, it is necessary that the organization and functioning of the judiciary should be such that it can function freely without any fear and pressure. In order to maintain an independent judiciary, the following system should be in place:

1. Appointment and Tenure of Judges – In most countries, the appointment of judges and their tenure are determined by the executive. Aptitude is based on merit and talent.

2. Salary of Judges – Judges should get good amount as salary. They will be able to work with fairness and honesty only if they have a fair salary.

3. Promotion of Judges – There should also be definite rules for the promotion of judges. Judges should be promoted on the basis of merit and seniority. The right of promotion should rest with the Supreme Court, not the appointing body or the executive.

4. Removal of Judges – A certain procedure should also be followed for the removal of judges from their posts. Removal of judges from office only if they are corrupt or unfit. needed.

5. Division of Justice and Governance – For the independence of the judiciary, it is also necessary that the work of both the government and the justice department should be separate. If executive and judiciary are not separate then judges can abuse their judicial powers to fulfill their administrative responsibility.

6. Exclusion of judges from giving government office after retirement – No judge should be appointed to any other government post after his retirement.

7. Prohibition on unfair criticism of judges’ decisions, actions and character. It is also necessary for the independence of the judiciary that during the tenure of the judges, no one should comment on their personal character or actions and criticize their decisions.

Explain the importance of judiciary.

Man is a thinking being and at the same time each person has his own special interests. Due to such differences in the thoughts and interests of the individual, conflict between them is quite natural.

Mention one function of the judiciary.

Administrative functions – In many countries, courts also have to perform administrative functions. In India, there is administrative control over the Supreme Court, High Courts and subordinate courts.

Give one measure to maintain the independence of the judiciary.

Removal of judges – A certain procedure should also be followed for the removal of judges from their posts. Removal of judges from office only if they are corrupt or unfit. needed.

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