Is Judiciary Important?
Can we live in a country without the judiciary? Have you ever thought about the role of the judiciary in our lives? The judiciary is the cornerstone of democracy. A democratic country is which provides its citizens with the basic rights of freedom. The citizens can also participate indirectly or directly in all the decisions that concern them. To ensure that they are not denied this freedom, it is necessary to have a proper judicial system.
It is the responsibility of the judiciary to protect all the citizens from the unlawful acts of the government. An impartial judiciary is important to ensure the welfare of the citizens
To understand the role of the judiciary, let us take a look at the important functions performed by the judiciary in a democratic country.
Stability of the Society: An efficient judiciary is necessary to ensure the stability of a nation. In the absence of a proper judicial system, the entire nation will be chaos. All the disputes between the people and the government cannot be solved without an impartial system of law.
Protection of Rights: All the rights of a citizen in a country are protected by the judiciary. It makes sure that no citizen is convicted of any crime he/she has not committed. The judiciary also does not allow the police forces to apprehend a person with out proper evidence.
Justice to all: It is the responsibility of the judiciary to impart justice to all the citizens equally. The judiciary also has the right to punish the people who violate the laws of the state. This system ensures that even a person guilty of a crime is provided with the right to have a lawyer to prove his innocence.
Judiciary in Law-Making: The Judiciary plays a very important role in the lawmaking. The decisions made by the judiciary interpret the meaning and scope of the laws passed by the legislature. They can also make laws if in case, the legislature has not passed any law in a particular case. The laws made by the higher courts will be followed by the lower courts while making decisions on the cases.
Stability of the Economy: A fair legal system is essential to build strong business relationships, both in the country and abroad. All the partnerships in the business sectors are maintained through the contractual agreements and also the payment and delivery terms. The breach of any of these agreements will be considered as the breach of law and hence, will be a punishable offense. Without an effective judiciary, all business transactions will have to be carried forward on the basis of trust alone. This will encourage the practices of frauds and scams, which will hinder the growth of the economy. Thus, in the economic growth of the economy, the role of the judiciary is inevitable.
Political Stability: To ensure the political stability of a nation, the judiciary system prevents all the possibilities of political opportunism.
Protector of the Constitution: The judiciary is the protector of the constitution, which is the supreme law of a nation. The judicial system conducts a review of the laws to determine if they are in accordance with the constitution. They also have the right to reject any unconstitutional law and can be made invalid for the future.
Role in the Federal System: In the federal system, the judiciary settles the disputes between the center and the states. It is, in fact, the arbiter of disputes between the center and the states.
Advisory Functions: It is also the responsibility of the judiciary to give the necessary advisory opinions to the government or the rulers of a nation.
To Conduct Judicial Inquiries: The judiciary has the power to conduct the judicial inquiries and investigations on any complex problems and also on any errors on the part of the government.
Equity Legislation: If in case, the law is silent or vague, the judges can use their senses, wisdom, honesty, and impartiality to make decisions on a particular case. This is known as equity legislation.
The various other functions of the judiciary include the appointment of the receivers, the appointment of the trustees to look after the properties of the minors, marriage and divorce cases, settlement of the issues on property and rights, election petitions, and so on.
In short, we will not be able to have a peaceful life in a country without a proper judiciary. The role of the judiciary in maintaining the stability and growth of a nation is very crucial. It also protects the people from the unlawful acts of the government.