The judiciary is a vital institution in a democracy, responsible for interpreting the law, resolving disputes, and protecting the rights and liberties of individuals. It plays a crucial role in upholding the Constitution and ensuring justice in society.

1. Structure of the Judiciary

The Indian judiciary is a hierarchical system with several levels:

• Supreme Court: The highest court in the country, established under Article 124 of the Constitution. It is the apex court and has the authority to interpret the Constitution, adjudicate disputes, and protect fundamental rights.
• High Courts: Each state or group of states has a High Court. High Courts have jurisdiction over civil and criminal cases and can hear appeals from lower courts.
• Subordinate Courts: These include District Courts and lower courts, which handle the majority of cases at the local level. They deal with both civil and criminal matters.

2. Functions of the Judiciary

The judiciary performs several essential functions:

• Dispute Resolution: The judiciary resolves disputes between individuals, organizations, and the government, ensuring fair adjudication of cases.
• Protection of Rights: It protects the fundamental rights of citizens, as enshrined in the Constitution, and ensures that justice is accessible to all.
• Interpretation of Laws: The judiciary interprets laws and provides clarity on their application, helping to maintain consistency in legal proceedings.
• Judicial Review: The judiciary has the power to review the constitutionality of laws and actions taken by the executive and legislative branches, ensuring that they comply with the Constitution.

3. Independence of the Judiciary

Independence is a cornerstone of the judiciary:

• Separation of Powers: The judiciary operates independently from the executive and legislative branches, ensuring that it can make impartial decisions without external influence.
• Security of Tenure: Judges are appointed for life, ensuring that they can make decisions based solely on legal principles rather than political pressures.

4. Judicial Appointments

The appointment of judges is a crucial aspect of the judiciary:

• Supreme Court Judges: The President appoints Supreme Court judges based on the advice of the Prime Minister and the Chief Justice of India.
• High Court Judges: Similar to the Supreme Court, High Court judges are appointed by the President on the advice of the Chief Minister and the Chief Justice of the High Court.

5. Judicial Activism and Restraint

The judiciary sometimes engages in activism or restraint:

• Judicial Activism: This refers to the proactive role of the judiciary in interpreting the law and protecting rights, often stepping in to address issues of social justice.
• Judicial Restraint: In contrast, judicial restraint emphasizes that the judiciary should limit its power and respect the decisions made by the elected branches of government.

6. Landmark Judgments

Several landmark judgments have shaped Indian jurisprudence:

• Kesavananda Bharati Case (1973): Established the Basic Structure Doctrine, asserting that certain fundamental features of the Constitution cannot be altered or destroyed by amendments.
• Vishaka Case (1997): Laid down guidelines for the prevention of sexual harassment of women at the workplace, highlighting the judiciary's role in promoting gender justice.

7. Access to Justice

Access to justice is a fundamental aspect of the judiciary:

• Legal Aid: The judiciary ensures that legal aid is provided to those who cannot afford legal representation, promoting equality before the law.
• PIL (Public Interest Litigation): The concept of PIL allows individuals to file petitions on behalf of those who are unable to do so, ensuring that marginalized voices are heard.

8. Challenges Facing the Judiciary

Despite its importance, the judiciary faces several challenges:

• Backlog of Cases: The Indian judiciary is burdened with a large number of pending cases, leading to delays in justice delivery.
• Judicial Corruption: Instances of corruption can undermine public confidence in the judiciary and its ability to uphold justice.
• Resource Constraints: Limited financial and human resources can affect the efficiency of the judiciary.

9. Role of the Judiciary in a Democracy

The judiciary plays a crucial role in maintaining the rule of law and safeguarding democratic values:

• Guardian of the Constitution: The judiciary acts as the guardian of the Constitution, ensuring that all laws and actions of the government are constitutional.
• Promoter of Justice: It promotes justice, equality, and fairness, contributing to the overall well-being of society.