Judiciary: Constitution, Roles, and Impartiality
What is a constitution?
A constitution is the fundamental document which is the supreme law of a country. It establishes the character of the government, defines the fundamental rights of citizens, and sets out the framework for legal and political systems.
What does a constitution typically include?
- Preamble: This introduces the document and outlines its goals.
- Structure of government: This describes the different branches of government (legislative, executive, and judicial) and their powers.
- Fundamental rights: This section guarantees basic rights to citizens.
- Procedures: This outlines how laws are made, elections are held, and amendments are added.
What is judicial impartiality?
Judicial impartiality refers to the principle that judges should be free from bias and prejudice when making decisions. They should base their rulings solely on the facts of the case, the law, and the legal arguments presented.
What are some threats to judicial impartiality?
- Political pressure: Judges may be pressured by politicians or special interests to rule a certain way.
- Media influence: Public opinion and media coverage can sway judges.
- Financial conflicts: Judges with financial ties to a party in a case might be seen as biased.
How does the judiciary check abuses of power?
The judiciary acts as a check and balance on the power of the other two branches of government. It prevents them from overstepping their authority or infringing on individual rights.
What does Article 50 of the Indian Constitution say?
Article 50 falls under Part IV (Directive Principles of State Policy) of the Indian Constitution. The article states that the “state shall take steps to separate the judiciary from the executive in the public services of the state.”
Judiciary: Constitution, Roles and Impartiality
As an important organ of government, the judiciary is in charge of interpreting and applying the law in order to uphold justice and settle social problems. The Indian legal system is modeled after the British legal system, with the Supreme Court supervising district courts and high courts. The judiciary ensures the security and justice of citizens by defending the basic rights protected by the Constitution. It has the authority to interpret legislation, settle disputes between states and the Union, and overturn laws that infringe upon basic rights. All things considered, the court is essential to safeguarding the rule of law, defending individual rights, and preserving the distribution of power in society.
Key Takeaways:
- The Indian judiciary is modeled after the British legal system. The Supreme Court sits at the top and is in charge of 25 high courts, which in turn oversee district courts.
- Article 129 states that the Supreme Court is a “court of record,” with authority over its subordinate courts to punish contempt. All courts must abide by the Supreme Court’s rulings, according to Article 141.
- The judiciary plays a crucial role in India’s legal system’s interpretation, conflict resolution, and rights protection. It settles disputes between the Union and the states and guarantees conformity to the Constitution.
- The courts use concepts like “pith and substance,” “severability,” and “colorable legislation” to guarantee that laws are correctly interpreted and applied within the parameters of the constitution.
Table of Content
- Constitution
- Roles and Impartiality of the Indian Judiciary
- Independence of the Judiciary as a Constitutional Safeguard
- Conclusion
- Judiciary: Constitution, Roles, and Impartiality – FAQs