Judiciary and constitution

Judiciary and constitution

India framed its own Constitution. Among the noble aims and objectives of the Constitution, the founding fathers accorded the highest place to ‘Justice’. During British period, Indian had neither law nor courts of their own and both the law and courts had been designed for the Colonial Power. The Constituent Assembly members therefore tried to ensure the independence of the Courts with full power of Judicial review. Supreme Court Rules, 1966 are framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court. The Supreme Court of India is the highest court of the land as established by Part V (‘The Union’) under Chapter IV titled ‘The Union Judiciary’ and Part VI (‘The State’) under Chapter VI titled ‘Subordinate Courts’ of the Constitution of India. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India.

The first political philosopher, who propounded the idea of an independent judiciary, was Montesquieu, the famous French philosopher. He believed in the theory of separation of powers of the three branches of the Government - Legislature, Executive and Judiciary.