I. Meaning of the term Judiciary: One organ of the government is the judiciary. Its main function is to punish those who violate and disobey the laws passed by the Legislature. But in modern days the importance of judiciary has increased very much. It acts as the guardian of the Fundamental Rights of the citizens and also of the Constitution.

II. Main Functions of Judiciary:-

1. Judicial functions: When a dispute is brought before a court it is the responsibility of the court to ‘determine the facts’ involved. The usual manner in which the courts determine the facts is through evidence given by the contestants. Once the facts have been established, the court proceeds to decide what law is applicable to a particular controversy or circumstances. Herein the judiciary becomes the interpreter of laws which is the prime function of the judiciary. So the major task of the judiciary is to ‘determine the facts of laws and to apply them to particular circumstances.’

2. Law-making functions: The judiciary while interpreting the existing laws also performs the role of a law-maker. It may sound surprising but “judge-made” laws are common to all systems of jurisprudence. Such occasions arise when the provisions of the existing laws may be ambiguous, or sometimes two or more laws of particular government appear to conflict under a given circumstance. Herein the judiciary plays an important role in determining what the law is and when two laws apparently conflict, which shall prevail.

3. Interpretation of laws: The laws are framed by the legislature and are enforced by the executive. Sometimes the people are not clear about the meaning of certain provisions of the laws. Each word denotes so many meanings and everybody interprets those words in such a way as it suits his/her own interest. Such terms, clauses and words are to be interpreted by the judiciary. The interpretation given by the judiciary is always considered to be the correct and a just one. This interpretation of the law is accepted all over the country. The judiciary also interprets the Constitution of the country. While interpreting the Constitution, the judiciary keeps in view the objects for which the legislature had made a particular provision.

4. Guardianship of the Constitution: In federal states like India, the USA and Switzerland, the judiciary is the guardian of the Constitution. Chief Justice Huges of America once said, “We are under Constitution but the Constitution is what the judges say it is”. In federal states conflicts in jurisdiction and authority frequently occurs, as there are several law-making and executive authorities, each owing its power to the Constitution. Under the circumstances the judiciary becomes the umpire and regulates the laws of the States and Central Government. In case the law made by any these law-making bodies conflict with the constitutional provision, the judiciary declares them ultravires.

5. Protector of Fundamental Rights: The judiciary also acts as the defender of the individual rights. Such a role of judiciary is important as it prevents the individuals’s right from being violated. If one has sufficient reasons to believe that attempt would be made to violate his/her right he/she could approach courts for protection. Then the courts would issue orders prohibiting such attempts till the rights of the parties were determined. Judiciary is the watchdog of rights and liberties of people. In India, the Supreme Court and the High Courts are empowered to protect the Fundamental Rights of the citizens.

I. Meaning: According to Dimock, “Judicial Review is the examination by the courts in cases actually before them, of legislative status and executive or administrative acts to determine whether or not they are prohibited by a written Constitution or are in excess of power granted by it.” “Judicial Review’ according to Ferguson and McHenry, is the power of any Court to hold unconstitutional, hence unenforceable, any law or official action that it deems to be in conflicts with the basic law of the Constitution”. In the words of Pennock and Smith, ‘Judicial review refers to powers of the courts to interpret Constitution and to declare Acts of the legislature, executive or administration void, if it finds them into conflict with the Supreme Law.

II. Power of Judicial Review of the Supreme Court:

Supreme Court as the Guardian of the Constitution: Supreme Court is the guardian and final interpreter of the Constitution. The Supreme Court is voted with the power of Judicial review. It is the power of the Supreme Court to declare any law null and void if that law violates the Constitution. Article 13, for instance, bearing the marginal headings. “Laws inconsistent with or in derogation of the Fundamental Rights” laid down that all laws in force in India immediately before the commencement of the Constitution in so far as they were on consistent with the provision of Part III shall, to the extent of such instances of inconsistency, be void. Article 12 (2) clearly says, “the state shall not make any law which takes away or abridges the rights conferred by this part and law made in contravention will be void.” It is the Supreme Court which by its judicial review will decide whether a law in connection with the Fundamental Rights is void or not. The court has the power of judicial review for which a citizen moves for the enforcement of the Fundamental Rights under Article 32 (2) of the Constitution, when the Court is so moved, it will have to decide whether any legislation or executive action of the Union or of a State violates a Fundamental Right, and if so it will “issue direction or writs, including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari, whichever may be appropriate for the enforcement of any of the rights conferred by this part.”

Under Article 245 the Supreme Court can review the extent of law made by Legislatures of States. Further, Article 246 (3) provides that the legislature of any State has exclusive power to make laws for any subject of the State List. This means that if Parliament ever made a law on any such subject, except in the time of emergency, it shall be void. This again could be decided by the Supreme Court alone, whether or not some provisions of the law of the State Legislatures are repugnant to the provisions of the Parliamentary law. Under Art. 254, our Supreme Court can also decide any inconsistency between the law made by Parliament and laws made by Legislatures of the States.

III. Importance of the Power of Judicial Review:

1. Judicial Review is implicit in the case of a written Constitution: In India there is a written Constitution and in the written Constitution the wording and language is sometimes technical which is difficult to understand for a common man. So for the proper interpretation of the Constitution’s the power of judicial review is necessary.

2. Judicial Review is necessary for Protecting the Civil Liberties: It has rightly been said that the rights and liberties of the citizens are not unlimited. So, for the safety and security of the State and keeping in view the public interests, the government may impose some limitations on them. Whether these limitations are just or unjust, it is the jurisdiction and duty of the court to decide which can be done only through the power of Judicial Review.

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The organisation of judiciary in districts of the whole of India is uniform. There are three types of law courts in every district under the High Court. 1. Civil, 2. Criminal, 3. Revenue.

The detail of the composition and powers of the Subordinate Courts in the districts of the Indian States is given below:

1. The Criminal Court: The highest court in the district is that of the District and Session Judges. It is empowered to hear both the civil as well as criminal cases. It should be noted that the District and the Session Court is one and the same court and the same person acts in both the civil and criminal capacities. When he deals with civil cases, he is called the Session Judge. This court tries these cases with the help of jury or assessors and is competent to inflict any punishment sanctioned by the law. Due to excess of work, the District and Sessions Judge is helped by one or more additional Session Judges. He is appointed by the Governor of the State in consultation with the Chief Justice of the High Court under whose jurisdiction the state falls.

The District and Session Judge hears appeals from subordinate courts under it. He can hear appeals regarding serious crimes like dacoities and murder and is empowered to sentence the culprits to death, but such punishment must be confirmed by the High Court. The lowest criminal court in the district is that of Third Class Magistrate’s Court. This Magistrate hears petty cases like those of beating and quarrels, etc. He is empowered to sentence one month’s imprisonment and maximum fine of Rs. 50. Then there is the Second Class Magistrate’s Court in which cases of comparatively graver nature are heard. The second class Magistrate is empowered to sentence for six month’s imprisonment or can fine Rs. 200 as maximum.

Above the Third and Second Class Magistrate’s Courts are the courts of first class Magistrates who have appellate jurisdiction also besides the original jurisdiction. These courts hear cases of graver nature and also appeals from the Third and Second Class Magistrates. The First Class Magistrate is empowered to exercise original jurisdiction in cases involving a sentence of imprisonment upto two years and fines upto Rs. 1,000. All appeals are filed to the District and Session Court against the decisions of the First Class Magistrates.

2. The Civil Courts: The highest civil court in a district is that of a District Judge. He/she is the highest judge of district in the civil cases. There are courts of many sub-judges under him. Sub-judges are divided into several ranks. They are empowered to hear cases involving a sum of Rs. 5,000. They possess original jurisdiction and also can hear appeals against the Munsiff’s court. There are also Senior Civil Judges to help the District Judges who generally possess the powers of a District Judge. The Munsiff is empowered to hear cases involving a sum of Rs. 2,000.

Besides the Munsiff’s court, there is also a provision of small cases, court competent to hear cases involving sum upto Rs. 1,000. No appeal can be made against the decisions of this court, hence only very experienced persons are appointed as judges of this court.

3. Revenue Courts: Revenue Courts hear cases relating to the revenue of the district. The lowest Revenue Court is the court of Naib-Tehsildar and above him the Court of Tehsildar. They hear revenue cases. The highest revenue court in the district is the Court of Collector (Deputy Commissioner). Appeals against his court can be made in the Court of the Commissioner. Appeal against the Court of Commissioner can be taken to the Board of Revenue and, against them appeal can be taken to the High Court.

Role of Chief Justice: The Chief Justice of India is appointed by the President. As far as the appointment of Chief Justice of India is concerned over the years, a convention had developed the senior most judge should be appointed. But in 1973 A. N. Ray was appointed as Chief Justice superseding three judges. Similarly in 1975 Justice M. H. Beg was appointed superseding Justice H. R. Khanna. For the other judges of the Supreme Court are appointed by the Presdient consulting the Chief Justice of India, But finally it rested with the government.

The Chief Justice of Supreme Court and other judges of Supreme Court hold office upto the age of 65 years. Though the other organs of the government don’t interfere in the functioning of the judiciary in such a way that it is unable to do justice but it does not imply arbitrariness, absence of accountability.

Judiciary is a part of the democratic political structure of the country. If the government (Organs of the government 1. legislature, 2. Council of ministers), interfere in any proceeding of the judiciary, the Supreme Court has been active in seeking to prevent suppresion of the Constitution through political practice. Thus areas that were considered beyond the scope of judicial review such as powers of the President and Governor were brought under the purview of the courts.

Judiciary is one of the three organs of the government and like the other two organs namely the executive and the legislature, it is also required to perform many other functions than that of giving justice alone. It is because of the complex character of the society which is ever widening and getting more complex. The most important functions performed by the judiciary are as under:

1. As the Custodian of the Constitution: It is the duty of judiciary to act as the custodian of the Constitution by way of properly interpreting it. It can declare any law passed by the legislature as ultra vires and unconstitutional if it is not in accordance with the letters and spirit of the constitution.

2. Interpretation of Law: The judiciary is also called upon to interpret laws. It is to see that laws are interpreted in a scientific way and in the spirit in which they were enacted. It is only though the the process and power of interpretation of laws that the judiciary finds opportunity of bringing to the notice of the executive conflicting and contradicting laws.

3. Custodian of Fundamental Rights: In almost all democratic countries like India the people have been given some Fundamental Rights. Judiciary is to see that people enjoy them and all the contrary laws are declared ultra vires.

4. Legislative Functions: It performs legislative functions by way of giving ‘judge-made laws’ to the nation, thereby filling-up gap between the society and the legislature.

5. Administrative Functions: Each court is required to perform some administrative functions. It is to see that working of administration in each court is smooth and that there is adequate staff for giving justice.

6. Advisory Functions: The courts are required to advise the head of the State or the executive government about the validity of a particular law so that after having been passed these are not declared unconstitutional or ‘ultra vires’.

7. To act as court of record.

8. Miscellaneous Functions: (a) They look after minors. (b) They issue licenses, (c) Administer oath of office. (d) Appoint receivers and, (f) Grant probates, bails, etc.