Functions of the Judiciary in India
⚖️ Functions of the Judiciary in India
The Judiciary is one of the three main organs of the government (along with the Legislature and Executive), and it plays a central role in upholding the Constitution, law, and justice.
🔹 1. Interpretation of Laws
The judiciary interprets laws made by the legislature.
This includes ordinary laws, as well as the Constitution of India.
The Supreme Court is the final interpreter of the Constitution.
✅ Case Law:
Kesavananda Bharati v. State of Kerala (1973)
The Court interpreted the Constitution and established the Basic Structure Doctrine, holding that even Parliament cannot destroy its essential features.
🔹 2. Protection of Fundamental Rights
The judiciary ensures that citizens' fundamental rights under Part III of the Constitution are not violated by the state or any authority.
Citizens can approach the High Courts (Article 226) or Supreme Court (Article 32) for enforcement of these rights.
✅ Case Law:
Maneka Gandhi v. Union of India (1978)
Expanded the interpretation of Article 21 (Right to Life and Personal Liberty) to include fair procedure, thus strengthening protection of individual rights.
🔹 3. Judicial Review
The judiciary can review laws and executive actions to ensure they do not violate the Constitution.
This is called Judicial Review.
It acts as a guardian of the Constitution.
✅ Case Law:
Minerva Mills v. Union of India (1980)
The Court struck down parts of the Constitution (42nd Amendment) that violated the Basic Structure, reaffirming judicial review as a core function.
🔹 4. Dispute Resolution
The judiciary settles disputes between individuals, between individuals and the state, and between states or between states and the union.
✅ Example:
State of Karnataka v. Union of India (1977)
The Supreme Court resolved a Centre-State dispute, showing how it acts as an umpire in federal matters.
🔹 5. Advisory Role
Under Article 143, the President of India can seek the opinion of the Supreme Court on questions of law or fact of public importance.
The advice is not binding but holds persuasive value.
✅ Example:
In Re: Berubari Union (1960)
The President asked the Court whether Parliament needed to amend the Constitution to give territory to Pakistan.
The Court gave a constitutional interpretation of Article 3.
🔹 6. Law-making (Judicial Legislation)
Sometimes, in the absence of law or where the law is unclear, the judiciary lays down principles or guidelines which act like law until legislation is made.
✅ Case Law:
Vishaka v. State of Rajasthan (1997)
The Court laid down guidelines for sexual harassment at the workplace, because no law existed at that time.
This is an example of judicial activism or judicial legislation.
🔹 7. Superintendence over Lower Courts
High Courts have supervisory jurisdiction over subordinate courts under Article 227.
They ensure proper functioning, discipline, and accountability of lower judiciary.
🔹 8. Punishing for Contempt of Court
The judiciary can punish individuals or authorities for contempt of court, to maintain its authority and ensure proper administration of justice.
✅ Case Law:
Re: Arundhati Roy (2002)
The Supreme Court found Arundhati Roy guilty of contempt for scandalizing the court.
📚 Summary Table
| Function | Description | Example Case |
|---|---|---|
| Interpretation of Law | Reading and explaining laws and Constitution | Kesavananda Bharati (1973) |
| Protection of Fundamental Rights | Enforcing individual rights | Maneka Gandhi (1978) |
| Judicial Review | Checking laws/executive actions for constitutional validity | Minerva Mills (1980) |
| Dispute Resolution | Settling legal conflicts | Karnataka v. Union (1977) |
| Advisory Role | Advising President on legal matters | Re: Berubari Union (1960) |
| Law-making (in absence of law) | Issuing guidelines or filling legal gaps | Vishaka (1997) |
| Superintendence over Courts | Supervising lower courts | Article 227 |
| Contempt Powers | Punishing for disrespect or disobedience of court orders | Arundhati Roy (2002) |
✅ Conclusion
The judiciary in India plays a multi-dimensional role: it is not just a dispute resolver but also the protector of the Constitution and the people's rights. Through its powers of interpretation, review, supervision, and innovation, it ensures that justice, liberty, and the rule of law are preserved in the country.
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