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.
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