Unveiling The Power Of Judges In The Legal System
- IJLLR Journal
- Feb 20, 2024
- 2 min read
Kirti Banal, Assistant Professor, LR Institute of Legal Studies, Solan (H.P.)
Shobha Sharma, BA LLB, LR Institute of Legal Studies, Solan (H.P.)
ABSTRACT
The administrative system in India is guided by three pillars- Legislature, Executives, and Judiciary. There is an independent judiciary in India and other organs of the government are not allowed to interfere with the functioning of the system of judiciary. The judiciary plays a very important role in ensuring that both legislature and the executive do not exceed their constitutional boundaries and also preventing arbitrary exercise of powers. The Constitution of India guarantees that the judiciary remains independent of the influence of the legislature as well as the executive. A Judge is a Public Official who presides over legal matters in a courtroom. The judge hears all the witnesses and any other evidence presented by the prosecution and the defence. The judge decides whether the accused person is guilty or innocent based on the evidence presented and in accordance with the law. If the accused is convicted, then the judge pronounces the sentence. He may send the person to jail or impose a fine or both, depending on what the law prescribes. The judiciary in India plays a huge role in administering justice to the people. All the legal disputes end up in the hands of the courts, and the judges ensure that the aggrieved party gets justice. The constitution allows citizens to approach the Supreme Court under Article 32 and the High Courts under Article 226 when their fundamental rights are violated. This shows the intention of the judicial system to provide justice and weed out injustice of any kind expeditiously. Time and again, the courts have prioritized the need for justice and have stood for what's right, even if it means going against the majority to provide justice to minorities. As we are talking about the role of Judges we should also see that the role that judges are playing is because of the Independence that they are receiving and the laws made in favor of them that empower the judiciary to act as the guardian of law The role of judges is critical in ensuring a just and orderly society and upholding the rule of law in democratic nations. Their decisions and actions have a significant impact on individual rights, public policy, and the functioning of the legal system as a whole.
Keywords: Courts, Judge, Law