Judiciary: Its Constitution, Roles and Impartiality
In India, the judiciary mirrors the British legal system. At the top is the Supreme Court, overseeing 25 High Courts, which, in turn, manage District Courts. According to Article 129, the Supreme Court holds the status of a ‘court of record,’ with powers like punishing contempt, extending to its subordinate courts. Article 141 mandates that decisions of the Supreme Court are binding on all courts.
In India, the judiciary is pivotal in interpreting laws, settling disputes, and safeguarding rights. It ensures adherence to the Constitution and resolves conflicts between states and the Union.
Principles like “pith and substance,” “severability,” and “colorable legislation” are invoked by the courts to interpret laws accurately and ensure their proper application within the constitutional framework.