Need And Importance Of Judiciary

THE JUDICIARY

INTRODUCTION

The administration of justice is an important aspect of government from ancient times to the modern times. But how and in what manner this function of judiciary was performed is a long story in the growth of not only the government but also of judiciary. Government consisted mainly of three branches namely

(a)the legislature

(b) the executive

(c) the judiciary

However this distinction was not clear as there were different forms or patterns of government. This is clear from the various stages through which the modern government emerged. Originally there was a monarchy followed by aristocracy, oligarchy and tyranny. These forms of government varied from time to time and every such form of government existed in different countries at different points of time. So these three functions of the government in 20th century were not performed by the respective bodies. Infact one and the same person or agency performed. But as changes took place in the form and nature of governance, duties of government these functions had also been distinguished and they happened to be entrusted to the respective bodies. In this way, the judiciary as one of the important organs of the government came to be reorganised as the same was called for to discharge its duties by itself.

The 20th century witnessed several developments in the political system and the nature of government. One important feature of this is the emergence of democracy as a system of government. In this system much importance is attached to the judiciary. Infact political thinkers of modern times, insisted that the executive functions, legislative functions and judicial functions be entrusted to the respective persons or bodies. They should not interfere with the duties and responsibilities of the rest. This theory is known in political science as the separation of powers.

It was advocated by Montesquieu a French writer in his book called 'The Spirit of Laws' published in the year 1748. Since then it has become popular with modern government. It was given due recognition by the Americans when they drafted the constitution. In course of time, many other countries European and Asian incorporated this principle in their constitutions. This ultimately led to the recognition of the need for and importance of the judiciary.

NEED AND IMPORTANCE OF JUDICIARY

The judiciary performs very important functions and the most important is that of the administration of justice. Wherever a case comes before a judge, it is his duty to interpret the law of the country on that point in an impartial manner and give his decision accordingly. But it is his duty to see that justice is dispensed according to the law. The judiciary is the custodian of a written constitution.

The welfare of the citizens greatly depends upon speedy and impartial justice. The judiciary is the guardian of the rights of man and it protects these rights from all possibilities of individual and public encroachment. The feeling in an average citizen that he can rely on the certain and prompt administration of justice maximises his liberty. If there is no adequate provision for the administration of justice liberty of the people is jeopardized, for there is no definite means which should ascertain and decide rights, punish crimes and protect the innocent from injury and usurpation.

According to Bentham, the administration of justice by the state must be regarded as a permanent and essential element of civilization and as a device that admits of no substitute.

The judiciary will see that the rights of the people are protected. Once the law has been made, it cannot be given any arbitrary interpretation by the executive. It is upto the courts to decide the meaning of law.