1.

Explain the meaning of judiciary and throw light on its composition and working.

Answer»

Meaning of Judiciary: 

Judiciary is the third most important organ of the government. It defines the laws prevalent in the society and punishes the offenders of the law. Judiciary is a group of such persons who have the right to settle disputes according to the provision of the law. 

Composition of Judiciary: 

1. Judges elected by the public: 

In some countries, judges are directly elected by the public. But this system is faulty, because by this system, the election of the able person is not ensured and the judges can become the victims of the political mainpulation. 

2. Judiciary appointed by the executive: 

In most of the countries of the world, the judges are appointed by the executive. Able persons are appointed as judges who provide justice impartially,according to the spirit of law. In India, this procedure has been adopted. 

3. Judiciary elected by legislature: 

In Switzerland, judges had been appointed by legislature, but in this system, the appointment of the judges would not be made on the basis of their abilities. 

Functions of the Judiciary: 

1. To dispense justice: 

The chief duty of the judiciary is to execute the judicial duties according to the provision of the law of the country. The judiciary, after carefully hearing both the parties, settles the disputes justly-between the individuals or between the states and an individual. It also punishes the criminals according to the law. 

2. Judiciary protects constitution: 

Judiciary alone can define and interpret the constitution. It acts according to the spirit of the constitution. 

3. Protects the fundamental rights: 

Judiciary protects the freedom and the fundamental rights of the individual. If the government or some individual denies a person their freedom and fundamental rights, the judiciary can protect their personal freedom and fundamental rights. 

4. Defines the Law: 

Judiciary can define a law provided in the constitution or made by the legislature. The definition of a law by judiciary is final and universally accepted. 

5. To settle the disputes between the federal government and the state government. 

6. Functions related to consultancy: 

If the executive wants to consult judiciary regarding the complexity of some law or interpretation of the law, the judiciary always provides such consultation. In India, the President can consult the Supreme Court on constitutional issues and on issues concerned with public interest, but he is not bound to follow the advice of the judiciary. 

7. Administrative functions: 

Judiciary performs several additional functions for its administrative structure, for example, appointment, promotion and transfer of its personnel, etc. 

8. Other Functions: 

1. To issue certification regarding marriage, divorce, citizenship, 

2. To punish a person for the contempt of the court 

3. To decide the guardianship of the minors 

4. To decide the effectiveness and legal validity of the testament / will 

5. To appoint receivers for insolvent firms, etc.



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