Introduction to Judiciary
- The judiciary is an important organ of the government. It shoulders the responsibility to apply the laws to specific cases and settle disputes by interpreting and applying laws. Judiciary is a system of courts that interprets and applies law in the name of the state.
- The judiciary acts as the fountain head of justice. Faith in justice by the judiciary alone enables the citizens to carry out their functions and enter into contractual relations fearlessly and boldly. A government without independent judiciary is always an authoritarian or dictatorial government.
- The functions performed by judiciary are: the administration of justice, interpretation and application of laws, law-making, equity legislation and protection of rights.
- Judiciary has the responsibility of protecting the citizens from the possible legislative and executive excesses.
- It is responsible to interpret, protect, defend and apply constitutional provisions to specific cases. It has the responsibility to protect fundamental rights of the people.
- The independence of judiciary does not mean arbitrariness or absence of accountability. The judiciary can perform its functions only when it is organised in such a way that can make it independent and not subject to legislative and executive interferences and control.
- Various steps are taken for securing independence of judiciary. They are: sound method of appointment of judges, difficult procedure for removal of judges, stable tenure, good salary, separation of judiciary from executive and provision for no practice after retirement.
- The Judiciary is always kept separate from and interference of the legislature and the executive. It is only when it acts independently, without any outside interference in the administration of that the judiciary can really, effectively, honestly and fairly interpret and apply laws for dispensing justice to the people.