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Question
Discuss the features of Judiciary in India.
Very Long Answer
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Solution
The features of the Judiciary in India, as detailed in the document, include the following:
- Single Integrated Judicial System: Unlike the U.S., which has a dual system, India has a unified judicial system with the Supreme Court at the apex, followed by High Courts at the state level and subordinate courts under them.
- Independence of the Judiciary: Ensured through various constitutional provisions such as high qualifications for judges, a rigorous impeachment process for removal, fixed service conditions, and autonomy in functioning.
- Judicial Review: Both the Supreme Court and High Courts have the power to review the constitutionality of legislative and executive actions, thereby safeguarding the Constitution and Fundamental Rights.
- Final Interpreter of the Constitution: The Supreme Court is the final authority on interpreting the Constitution.
- Joint High Courts: Article 231 allows the establishment of a common High Court for two or more states or a union territory.
- Guardian of Fundamental Rights: The judiciary ensures the protection of rights through writs and constitutional remedies under Article 32.
- Arbiter of Center-State Disputes: The Supreme Court has original jurisdiction in legal disputes between states or between the centre and states.
- Separation from Executive: The judiciary operates independently from the executive, ensuring impartial judicial administration.
- Public Interest Litigation (PIL): Allows courts to take up cases on behalf of public interest, enabling proactive judicial intervention in social issues.
- Special and Fast Track Courts: Established to ensure speedy and focused justice delivery in specified cases.
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Chapter 8: Organs of Government: The Judiciary - QUESTIONS FOR REVISION [Page 402]
