The Indian Constitution has established an integrated judicial system with the Supreme Court at the top, followed by the High Courts. There is a hierarchy beneath a High Court such as district courts and other lower courts. This unified judicial system, which was adapted from the Government of India Act of 1935 is responsible for enforcing both central legislation as well as state legislation.

Introduction

• The judiciary is the arm of government responsible for interpreting the law, resolving disputes, and providing justice to all citizens.
• The judiciary is seen as the custodian of the Constitution as well as the watchdog of democracy. It is critical for a democracy to function properly to have an unbiased and independent court.

Characteristics

One of the Oldest Judicial Systems in the World

• The judicial system of India is one of the most well-known in the world which is employed to interpret and implement the laws of the land.
• The doctrine of separation of powers allows the court the authority to interpret laws as they see fit. The judiciary does not create statutory laws for the country but rather interprets and applies them.

Single and Integrated Judicial System

• In India, the Constitution establishes an integrated and distinct judicial system.
• The Supreme Court is at the very top of the combined system. Following the Supreme Court, there are state-level High Courts
• There is a well-organized structure of district courts and inferior courts under the High Courts. India's judiciary is integrated since the country is a federation with a strong central government that has greater authority than the states.

Independence of Judiciary

• It implies that the executive and legislative branches of government do not interfere with the judiciary's ability to function. Other organs accept the judiciary's ruling and do not interfere with it. It also implies that judges are free to carry out their duties without fear of reprisal. The judiciary's independence does not imply that it operates arbitrarily and without regard for the law. It is responsible for the country's Constitution.
• The Constitution has a number of clauses that guarantee the judiciary's independence is preserved and protected.

Judicial Activism

• Judicial activism is a word that developed in the United States.
• In the backdrop of unconstrained behavior by both legislative and executive organs, the idea of judicial activism evolved fast over time and gained enormous acceptability among the Indian people.

Judicial Review

• The notion of judicial review was first proposed in the United States of America in the Marbury v. Madison case of 1803.
• When it comes to constitutional review in India, however, the Supreme Court and High Court have the ability to do so under the Constitution.
• In addition, the Supreme Court of India has held that the power of judicial review is a fundamental feature of the Constitution that cannot be removed even by a constitutional amendment.
• If any legislative enactment or executive order of the State or Central governments is found to be in violation of the Constitution during the Judicial Review, it would be deemed illegal.

Interpreter of the Constitution

• The Supreme Court of India interprets the Indian Constitution and is the highest court in the country with the authority to interpret the Constitution.
• All subordinate courts will be bound by the Supreme Court's ruling.
• The Constitution is interpreted by the judiciary through the examination of statutory statutes and provisions. The judiciary has repeatedly created precedents for the interpretation of the Constitution, which is a mammoth job in and of itself.

Structure

• India has a single judicial system that is fully integrated.
• India's judicial system is organized in a pyramidal structure, with the Supreme Court (SC) at the apex.
• The Supreme Court is over the High courts, which are followed by the District and Subordinate courts. The lower courts work directly under the supervision of the higher courts.

Aside from the aforesaid framework, the legal system is divided into two branches:

• Criminal law is concerned with any citizen or corporation committing a crime.
• Civil law deals with disputes about a citizen's fundamental rights being violated.

Functions/role Of Indian Judiciary

In India, the judiciary performs the following functions:

• Effective Administration of Justice: The judiciary's main job is to apply the law to specific instances or to resolve disagreements. When a disagreement is brought before the courts, the evidence produced by the participants is used to "judge the facts." The law then decides which law applies to the situation and implements it. The court will impose a punishment on the accused individual if they are proven guilty of breaking the law during the trial.
• The development of judge-made law: In many circumstances, judges are unable or unwilling to choose the most appropriate legislation for application. In such instances, judges use their judgment and common sense to determine what the right legislation is. Judges have accumulated a large body of 'case law,' or 'judge-made law,' as a result of their actions. According to the theory of 'stare decisis,' prior judicial decisions are often considered binding on subsequent judges in comparable circumstances.
• The Constitution's Guardian: India's highest court, the Supreme Court, serves as the Constitution's guardian. The court resolves questions of jurisdiction between the federal government and state governments, as well as between the legislature and the executive branch. The judiciary declares any statute or executive order that breaches any section of the constitution invalid or null and void.
• Protector of Fundamental Rights: The judiciary guarantees that the State and other agencies do not infringe on people's rights. Writs are issued by higher courts to enforce Fundamental Rights.
• Supervisory functions: In India, the higher courts are also responsible for monitoring the lower courts.
• Advisory functions: In India, the SC also serves as an advisor. It has the authority to issue advisory opinions on constitutional issues. When there are no conflicts and the executive wishes it, this is done.
• Non-judicial and administrative functions: The courts perform a variety of non-judicial and administrative activities. The courts have the power to issue licenses, administer estates (property), and appoint receivers. Marriages are registered, and guardians for small children and lunatics are appointed.
• Special responsibility in a federation: In a federal system like India's, the judiciary is also responsible for resolving crucial issues between the centre and the states. It also serves as a mediator in inter-state issues. Conducting judicial inquiries: Judges are frequently appointed to lead commissions that investigate cases of public servant mistakes or omissions.