Question

Enumerate the chief functions of judiciary in modern times.

Discuss the functions of Judiciary in the modern political systems.

Answer 1

Chief Functions of the Judiciary in Modern Times:

1. Interpretation of Laws: The judiciary interprets and explains the meaning of laws passed by the legislature, ensuring they are applied correctly in various cases.
2. Protection of Fundamental Rights: Courts protect the fundamental rights of citizens by hearing petitions and issuing writs such as habeas corpus, mandamus, and certiorari.
3. Judicial Review: The judiciary reviews laws and executive actions to ensure they are constitutional. Any law found in violation of the Constitution can be declared void.
4. Settlement of Disputes: It settles civil, criminal, and constitutional disputes between individuals, between citizens and the state, and between states and the central government.
5. Law-Making (through Precedents): In the absence of clear laws, courts set legal precedents that guide future judgments, effectively contributing to law-making.
6. Advisory Role: In some countries, like India, the judiciary (especially the Supreme Court) may give advice to the president on legal matters (Article 143).
7. Guardian of the Constitution: The judiciary safeguards the supremacy of the Constitution by ensuring all laws and actions are in harmony with it.
8. Guardian of Rule of Law and Justice: It ensures equality before the law and equal protection of laws, maintaining justice and fair play in society.
9. Administrative Functions: The judiciary also performs certain administrative tasks, such as managing court staff, maintaining court records, and supervising subordinate courts.
10. Public Interest Litigation (PIL): Modern judiciaries entertain PILs to allow access to justice for the disadvantaged, enabling the court to act even on a letter or public complaint.