According to P.N. Bhagwati, “the judge mixes lifeblood into the dry skeleton given by the legislature and makes a living being fitting and satisfactory to address the needs of society.” In India, a democratic country, the judiciary plays a vital role in molding and preserving the rights of the people. It affirms the actions of the legislature and is one of the three pillars of democracy in India, along with the legislature and the executive. The judiciary plays a crucial role in interpreting the law and ensuring that justice is served. The judicial process refers to the set of procedures that judges follow in court to deliver fair and impartial justice to the people.
Meaning :
According to Collins
dictionary, the word judicial means relating to the legal system and to
judgments made in a court of law. The word process refers to a series of
actions that are carried out in order to achieve a particular result.
Therefore, the judicial process is the set of interrelated procedures adopted
by judges in a court to ensure fair and justified delivery of justice.
Everything done by judges to attain justice is considered part of the judicial
process. For instance, judges have interpreted Article 21 in various ways
through landmark cases, starting from AK Gopalan to Puttaswamy, to protect and
preserve the fundamental rights of individuals.
Judicial process –
The judicial process
encompasses a wide range of procedures adopted by judges in a court of law to
deliver justice fairly and impartially. Some examples of these procedures
include:-
- Independence of judiciary-
An independent
judiciary implies that the executive and legislature should not interfere in
the work of the judiciary. The judiciary is expected to be free from all the
influences and interests of the government and the ruling party and should not
act on its behalf. The judges, in an independent judiciary, should have the
freedom to exercise the judicial powers conferred upon them without any
influence, pressure or fear. The impartial judges play the most vital role to
ensure the independence of the judiciary and act as a foundation of a fair and
impartial system of courts.
- Appointment of judges –
Article 124 of the
Indian Constitution states that the Supreme Court shall consist of a Chief
Justice of India (CJI) . The President of India, in consultation with the CJI
and other judges(collegium), has the power to appoint judges to the Supreme
Court. The appointment of judges is subject to certain qualifications,
including that they must be citizens of India, have been a judge of a High
Court or two or more such courts in succession for at least five years, or have
been an advocate of a High Court or two or more such courts in succession for
at least ten years. The process for appointment of judges has been a subject of
controversy and debate , with some calling for greater transparency and
accountability in the process. There have been proposals for a National
Judicial Appointments Commission (NJAC) to replace the existing system, but the
Supreme Court has struck down such proposals as unconstitutional.
- Article 141 of the
Indian Constitution pertains to the binding nature of judicial precedent -
The article states
that the law declared by the Supreme Court of India shall be binding on all
courts within the territory of India. This means that the decisions of the
Supreme Court are considered to be the final and authoritative interpretation
of the law, and must be followed by all lower courts in India.
This principle of
binding precedent is a cornerstone of the Indian legal system, and helps ensure
consistency and predictability in the application of the law. however, that the
doctrine of stare decisis, or the principle of following precedent, is not an
absolute rule in certain circumstances.
- Interpretation-
The main role of
judiciary is to interpret the words of legislature to get the true essence of
the text used in the statute with the help of various rules to interpretation
like literal golden harmonious etc.
The term ‘other authorities’
in Article 12 has nowhere been defined. the judiciary has given several
judgements as per the facts and circumstances of different cases. In
the University of Madras v. Shanta Bai, the Madras High Court evolved
the principle of ‘ejusdem generis’ i.e. of the like nature. It means that
only those authorities are covered under the expression ‘other authorities’
which perform governmental or sovereign functions. Further, it cannot include
persons, natural or juristic, for example, Unaided universities.
In Rajasthan
Electricity Board v. Mohan Lal, the Supreme Court held that ‘other authorities’
would include all authorities created by the constitution or statute on whom
powers are conferred by law. Such statutory authority need not be engaged in
performing government or sovereign functions. The court emphasized that it is
immaterial that the power conferred on the body is of a commercial nature or
not.
- Judicial activism-
Judicial activism refers to when judiciary gets diverted from its daily chores for the
protection and betterment of society. Judicial activism refers to the tendency
of judges to take an active role in shaping public policy or interpreting the
law, beyond the limits of traditional legal interpretation. It involves judges
using their power to intervene in matters that are traditionally within the
jurisdiction of the executive and legislative branches of government.
One example of
judicial activism is the case of Hussainara Khatoon v. State of Bihar. In this
case, the Supreme Court of India took a proactive role in addressing the issue
of delay in the trial of undertrial prisoners. The case was filed on behalf of
Hussainara Khatoon, who was one of thousands of undertrial prisoners
languishing in jail without a trial.
- Judicial review-
It is a type of
court proceeding in which a judge reviews the lawfulness of a decision or
action made by a public body.
In other words,
judicial reviews are a challenge to the way in which a decision has been made,
rather than the rights and wrongs of the conclusion reached.
Conclusion:
The judicial process is crucial for the
effective functioning of democracy in India. It ensures that justice is
delivered impartially and upholds the fundamental rights of citizens. The
independence of the judiciary and the appointment of judges are critical for
ensuring that the judiciary remains free from external pressures and
influences. Judicial activism plays an important role in addressing social
issues and promoting the rights of citizens. Overall, the judicial process is
an essential component of India’s democratic fabric, and its effectiveness is
critical to the success of the country.
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