The doctrine of basic structure evolved and applied by the Supreme Court has ensured that Parliament could not go on amending the Constitution to achieve shallow political gains. Here too, we see that the appointments are strictly made on the basis of merit.
A citizen might also approach the apex court directly under Article 32 if any of the fundamental rights is violated.
If we search the history of the Indian judiciary system in the past, then we got to know that there is the glorious past created by the Indian judiciary system in the past of the country.
The Supreme Court in Canada is presided over by the Chief justice.
The definition of the judiciary is can be defined as the organization which provides the justices to the society in term of the position and the state that are the pre-eminence of the organs of the state. Politicians or the government should not have any influence over the Judiciary and judicial cases whatsoever.
In all these countries except the UK the constitution is the basis of every law. If the matter is deemed to be important enough on the point of law or on the subject of the constitution of the nation and is certified as such by the High court, then and then alone is the Appeal forwarded to the Supreme Court.
Three separate legal systems exist; one for Northern Ireland, another one for Scotland and another one for England and Wales.
Jurisdiction of the Supreme Court: There are other courts below the Supreme Court which consists of the federal courts and other smaller courts which have been instituted. The High Courts are also Courts of Record and their decisions are binding on all the courts subordinate to them.
Fourthly, they are paid handsome salary and are entitled to a free house and certain other allowances and privileges neither the salary allowances and privileges, nor their rights in respect of leave of absence or pension can varied to their disadvantage after their appointment.
The Supreme Court has the power to punish for its own contempt. Former Chief Justice Chandra HUD opines that the independence of judiciary is the "cardinal feature" and observed that the "judiciary which is to act as a bastion of the rights and freedom of the people is given certain constitutional guarantees to safeguard the independence of judiciary".
Historically speaking, the Indian judicial system has had a glorious past. The biggest and the highest court of the country is the supreme court and is the apex court of the India, the supreme court is established in the Capital city that is the Delhi.
The framers of the Indian Constitution conceived of a judicial system, which was free from the control of the executive as well as the legislature. In short, everyone deserves a second chance. Actually all the law systems in these countries are based on the principles of the common law.
However, it is a completely different thing to allow the opinion and personal judgments of the media, print or visual to alter the course of a case. An arbitrary executive action, too, can be checked in the like manner by judicial action. When someone appeals in the high court then for the supreme court then firstly the high court tries to find the solutions of the matter then after if he unable to solve the problem then he takes the matter to the supreme court that is in the apex court.
Judiciary - the organisation for giving justice to the society, occupies a position of pre-eminence among the three organs of the State. A different scenario is seen for the case of USA where the chief justice is not appointed but picked by political figures.
There are the rights that are provided to the president of the India is that he can observe the matter that is being involved in the apex court and in its judges, it means he can provide the guidance to its opinion to the court.
If Parliament enacts a law that runs against the word or spirit of the Constitution, Supreme Court exercising the power of judicial review can strike it down as unconstitutional. Such address must be supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting.
Appeals to the Supreme Court are allowed from the High Court only. And it takes anywhere between 5 to 15 years for a case to be decided in an Indian Court.
Independence of the judiciary means independence from the government in power since judges have to provide justice not only between citizens but also between a citizen and the State.
After all, the whole reason behind the Judicial System is not only punishment for crimes committed but also a way of correcting the individual so that they turn out to be people who can co-exist with others in the society.
The judicial system is necessary for, to maintain the rules of the nation that means to prevent the rules of the society. Supreme Court, under its Original Jurisdiction, adjudicates in matters concerning disputes between the Centre and State, and also between or among individual States.
Reformation has been going on to reconcile the three systems for instance there has been formed a supreme court which is the final court of appeal. It consists of the Chief Justice and 25 other Judges. It is more disheartening if the case in question is a matter of life and death situation, such as murder cases.
In Canada the highest court is the Supreme Court. This is known as delegated legislation. It must be presented to the President in the same Session. The whole country is divided into judicial districts starting with Nyaya Panchayats at the village level. The President of India can seek consultation and guidance including the opinion of the apex court and its judges.
Article of the Constitution declares that the Supreme Court is a Court of Record, which means that its decisions have precedent value. For appointment as a Judge of the Supreme Court, a person must be a citizen of India, must have been a judge of a High Court for a minimum of five years, or an advocate of a High Court for ten years, or he must be, in the opinion of the President, a distinguished jurist.The courts in the judiciary system make decisions basing on this decisions which have been recorded; for instance the U.S.
law has its origins in four sources; the common law, the constitution, statutory law and administrative law. Essay on The Power Of The Judiciary Words | 7 Pages. The Judiciary When the founding fathers of our country, and by that I mean the Federalists, were creating the system of government for America, they knew that a separation of power would be necessary to protect the American people from the evils of a monarchy or dictatorship.
The Judiciary Lecture A. Introduction. This hierarchy of courts is important in ensuring the administration of justice functions effectively within the court. The judiciary system is not involved in the process of making bills however they could make a private member bill for their cause to change in law.
This shows that the judiciary does not act as a primary source in creating laws. Within the framework of parliamentary democracy and federalism, judiciary plays an important role in the governance of the country.
The judiciary is an indispensable part of governance and an efficient and independent judiciary is the greatest guarantee of well being of society.
Indeed, the Indian. - Points I will cover in this essay are:Summery of the US Judicial System,standard organizational system and issues and challenges that faces each component system.
since there is no guarantee that a diverse judiciary would arrive at a different decision than that of a conservative judiciary. This essay attempts to argue that although.Download