Topic of the day-Judiciary

What?

Part of 3 organ of Government and it settle dispute in the society

Requirement

1.Settling dispute in society

2.Check on arbitrary power of Legislative and executive

3.protector of FR

4.As a guardian of constitution

5.Upheld rule of law

6.Fill gap when legislative fail to meet the demand of the society

Setup in India

-Integrated Judiciary--Sc>HC>Lower Court

Taken from

-Government of India Act,1935

History

SC was setup in 1949 replacing fedral court which was setup under GOI Act,1935. It also replaces British Privy Council

Powers

1.Settle dispute between citizen

2.Settle dispute between states, between centre and state, between government and citien

3.Adjudicate civil and crmininal cases

4.cases related to FR using writs

5.Advice president regarding legal matters

Success so far

1.Help in interpretating constitution so that it live upto the demand of time, In other words, amending constituton by judicial review power for eg-evolving concept of Basic Structure,

2.Giving various guidelines to help executive works well for eg-guidelines regarding appointment of governor under S.R Bomai case, Vishaka Guidelines for sexual violence at workplace

3.Fill the gap when exective and legislative doesn't work for eg-Guidlelines for combating delhi pollution

4.Helping the marginalized people for eg-evolution of PIL(Public interest litigation) helped in prisoner  inmates

5.Removing corruption from politics for eg-mandatory disclosure of income and other details of candidate in election, disqualification of  MP after conviction for more than 2 year under RPA

6.Enlarging FR for people --for eg Right to privacy under Art-21, Right to Speedy justice under Art-21 etc

7.Balncing freedom of religion and individual freedom- recent judgement in Triple talaq

Issues

1.Backlog of cases

2.Judicial appointment

3.Judicial Activism

4.Contempt of Court

5.Judicial accountability and transparency

6.Judiciary under RTI

7.National Court of Appeal

8.Legal Education in the country

9.no process to check on erring judges other than transfer as removal is a difficult process