Question

Discuss the functions of Judiciary.

Explain the functions of Judiciary.

Answer 1

Some of the functions of the Judiciary are as follows:

1. Administration of Justice: This is the judiciary’s primary function. It settles disputes and delivers justice by punishing those who break the law and compensating victims. Citizens can approach the courts to seek legal remedies.
2. Interpretation and Application of Laws: The judiciary interprets laws while deciding cases, especially when the language of the law is unclear. Judges determine how laws apply to specific situations, and these interpretations become authoritative.
3. Role in Law-making: Although not a legislature, the judiciary shapes law through its judgments. Higher court decisions set legal precedents that lower courts must follow, effectively becoming part of the law.
4. Equity Legislation: When written laws are unclear or inadequate, judges decide based on fairness, justice, and moral principles. Such decisions are called equity legislation and aim to ensure justice in exceptional cases.
5. Protection of Rights: The judiciary protects fundamental rights by declaring unconstitutional any law or action that violates them. It can issue writs like Habeas Corpus and Mandamus to enforce these rights.
6. Guardian of the Constitution: The judiciary ensures all laws and actions comply with the Constitution. Through judicial review, it can strike down unconstitutional laws, maintaining constitutional supremacy.
7. To Get Enforced Its Decisions and Judgments: Courts not only pass judgments but also ensure they are implemented. They can punish individuals or authorities who defy their orders, including for contempt of court.
8. Special Role in a Federation: In federal countries, the judiciary resolves disputes between the central and state governments. It maintains the balance of power by acting as a neutral interpreter of the Constitution.
9. Running of Judicial Administration of the State: The judiciary manages court functioning independently of the legislature and executive. It handles recruitment, administration, and the day-to-day work of the judicial system.
10. Advisory Functions: In some cases, courts provide legal advice to the executive or legislature. For example, the President of India can seek the Supreme Court’s opinion on legal matters of public importance.
11. To Conduct Judicial Probes: Judges may lead inquiries into serious issues involving government misconduct or public controversies. These probes help uncover facts and promote accountability.
12. Miscellaneous Functions: Judges also perform various administrative duties like appointing guardians, granting licenses, or handling election petitions. These tasks support justice and public service beyond court trials.