Description: This article is related to judicial activism. The writers primarily interprets what the functions of the Judicial Department are and how the Judicial Department operates. During the process, he lists some meaningful examples to explain it.
The Chapter 5 is about Judiciary. We will discuss what the functions of the Judicial Department are. Indian Constitution has divided the duties into making laws, executing laws and checking, whether the laws are implemented properly or not. In order to settle the disputes with justice, it has three different departments based on US models, legislative, executive and judicial.
This is a replica of U.S. model of administration. The US adopted this division of legislative based on Monster Q’s book of the spirit of laws. The US government decided to divide the responsibilities of administration according to this book written by Monster Q, to hand over the laws to the legislature, to execute the laws which are made by the legislature.
I am trying to make you understand that it is used to settle disputes between the people, between the legislature, between the executive and the judiciary. Checking it without turning it into an arbitrary system, because the Prime Minister is a member of the legislative and the house of Lok Sabha, he is also an executive. So he is likely to behave arbitrarily and make laws according to his interest or his concerns which may not be in the favor of the people.
In order to check and arrest this kind of situation, judiciary has been given enormous powers. the Judicial Department of India works on various topics like Indian judiciary.The Supreme Court can pass a law that a teacher can not beat a student and make some new restrictions. For example, the government can not interfere in certain actions and religious customs. It can also strike off the advertisements which are passed by the government if they violate the basic rights of the citizens.
The Indian judiciary acts as the custodian of the fundamental rights of its citizens. What is the role of Indian judiciary? As we discuss, it has onerous responsibility, it settles the disputes between the people, between the states, between any two parties. Sometimes it interprets the laws, sometimes it gives judgments about serious issues or concerns in the society.
The Indian judiciary plays an important role in settling the disputes. The disputes can be between individuals, between a group of individuals and another single individual. It can be an individual versus a state government, people against the government. It can be one state government versus the other state. It can also be two or three states together versus the other state, sometimes states versus the Union government.
So it can be a dispute between one individual and another individual, one individual versus a group of individuals, a group of individuals versus the other group of individuals, an individual versus the state government, an individual versus a couple of state governments, a couple of state governments versus a group of individuals, an individual versus the Union government, an individual versus the authority of the government.
So the disputes can be from any corner, any level. The supreme court bears the most responsibility of settling the disputes. This is the first duty entrusted to the supreme court of our country. The second is judicial review, this is another significant Authority given to our supreme court. Supreme court acts and checks the authority of the legislature as well as the executive.
If the legislature formats any law which is going to stand against the interest of the public or violate the basic rights of the people, the supreme court can stripe off that law. If a government passes any law which makes you cannot choose any profession of your choice, you have to choose a profession in the language of what your father has done or what your great grandfather has done, your right of equality will be violated.
So when the violation happens, this can be reported to the Supreme Court or the State High Court which has passed this law, because it violates the fundamental right of the citizens. So this kind of law can be striped off by the Supreme Court or the State High Court. This authority to strike off this law is passed by the state government or the Union government known as judicial review. So this is another significant power and duty given to our Supreme Court and.
The third one is to uphold the laws and enforce the fundamental rights. As I told you, it stripes off not only the laws which are against the fundamental rights but any violation of the fundamental rights. The supreme court takes the responsibility and ensures the justice.
How is it like? For example, Hakim Shaikh is an agricultural laborer, he fell down from a running train, and he got hurt, he was taken to number of hospitals, but the hospitals rejected to treat him, he was in trouble. Finally, he reported this to the government, many officials of the government did not respond to it.
Then the issue was taken to the High Court of West Bengal, the issue was discussed and debated, the High Court gave a strict judgement, the compensation has to be paid back. The government should come up with a blueprint to help the individuals who require the medical aid.
It also told that denying the medical aid to them is to deny the right of livelihood for them and the right of equality. Equal treatment had not been meted to them. Right of life had been violated. The article 121 of the Constitution contains the fundamental rights.
So the Western angle government has to pay compensation and forces a mechanism to ensure that anyone who requires the medical aid should be provided without any hindrances like this. The supreme court for the Indian judicial system has the main responsibilities for dispute, resolution, judicial review, upholding the law and enforcing the fundamental rights.
As we have seen, an example of Hakim Shaikh, he got hurt when he fell down from a running train, the consequence was that he could not get medical aid. Later the case went on to the high court the court, then the high court gave a judgement in favor of Hakim Shaikh to uphold the article 21 of the fundamental rights. These are basic duties and responsibilities of the Indian judicial system.