Discuss the functions of the Judiciary.
Some of the functions of the Judiciary are as follows:
When a dispute is brought before a court, it is the responsibility of the court to ‘determine the facts’ involved. The court studies the facts presented through evidence by the contesting parties. The Judiciary takes up the role of the interpreter of the laws.
The judiciary while interpreting the existing laws also performs the role of lawmaker. Infact ‘judge-made’ laws are common to all systems of jurisprudence. Such occasions may arise when the provisions of the existing laws may be ambiguous, or sometimes two or more laws appear to be in conflict. Herein the judiciary plays an important role in determining what the law is and when two laws apparently conflict, which one shall prevail.
Guardianship of the Constitution:
In federal states like India and the USA, the judiciary is the guardian of the Constitution. In federal States conflict in jurisdiction and authority is common, as there are multiple law-making and executive authorities. Under circumstances, the judiciary plays the role of an umpire and regulates the legal actions of the States and Central governments.
Some national judiciaries possess advisory jurisdiction. For instance, the President of India may seek the advice of the Supreme Court of India on any proposed legislation.