The Union Judiciary

 The Union Judiciary

Introduction

The Judiciary is the third branch of the Union

Government. While the Legislative branch makes laws

and the Executive carries them out, it is the job of the

Judiciary to interpret or explain what these laws mean and

punish the law breakers.

A court is a government institution that settles legal

disputes and give justice. These disputes or quarrels may

involve individuals, organizations, and governments.

Court also decide the guilt of persons accused of crimes

and punish the guilty.

All courts are presided over by judges. The word Court

may refer to a judge, officers of the court or also the place

where legal disputes are settled.

Some court rulings and decisions affect only the person

involved in the case. Often the decisions of the court deal

with global issues like Fundamental Rights and racial

discrimination. In such cases, the court’s decisions can

have far-reaching consequences on the government. This,

courts serve as a powerful means of social and political

change and act as the watch dog of the constitution.

The supreme court is the major body of the Judicial

branch.

On 28 January, 1950, the Supreme Court of India was

inaugurated in the Court House, New Delhi. The Hon’ble

Shri Harilal J. Kania, Chief Justice of India presides over

the impressive gathering and deliver the inaugural

address.

The Supreme Court has been the crowning piece of our

constitutional edifice. It emerged as the apex of an

integrated judicial system, a powerful instrument for

protecting and unifying the law all over the country.

Salient features of the Union Judiciary

1. Qualifications of a Judge

Besides being a citizen of India every judge must

have any of the following qualification, he must have

 been a judge of one or more high courts for at

least five years,

 practiced as an advocate of High Court for at

least 10 years,

 been a distinguished jurist in the opinion of the

president.

2. Appointment of a Judge

The President of India appoints the Chief Justice of

India after consulting each of the judges of supreme

court and of the high courts as he may deem

necessary.

3. Independence of the Supreme Court judges

 In a democracy it is essential that the Judiciary is

impartial and independent of the Executive. The

constitution has provided the following

measures. Although the President appoints the

judges he must consult the Chief Justice when

appointing the other judges. In this way the

appointment is removed from the realms of pure

politics.

 No judges can be removed from the office except

by an order of the President and on the ground of

“proved misbehavior” or “incapacity”.

Each house of the Parliament has to present and address

to the President for such removal. It should be supported

by a majority of not less than two-thirds of the members

of that House present and voting.