Role of Judiciary

 The Judiciary is one of the three basic organs of the State along with the Legislature and the Executive. It has the vital role in the functioning of the state and, more so, in a democracy based on rule of law. The law and the Judiciary have played a vital role in the polity of the country since times immemorial. Its importance has been recognised in the ancient scriptures. The Constitution of India accords a place of pride to the higher   judiciary by conferring the power of judicial review of the legislative and administrative action including review of its own order and decision and entrusting  it with the task of enforcement of the fundamental rights guaranteed under the constitution of India.

In social welfare stat as envisaged by the Constitution of India the state has to discharge manifold obligations for the welfare of the people. This expansion in the role of the state has necessitated legislation in various fields which has resulted in corresponding   increase in the role of the Judiciary. Today the Judiciary is not only required to resolve disputes inter se but also between the citizen and the state. In view of the changing pattern of the disputes which are required to be resolved it became necessary to have special courts and tribunals. Today we have a number of such courts and tribunals functioning in the country dealing with question relating to family disputes, taxation, accident claims, labour disputes, government employees, consumer protection, monopolies and restrictive trade practices, etc.

On account of increasing awareness of the people about their rights there has been considerable increase in litigation resulting in delay in dispensation of justice by the courts. This has led to alternative ave-nues for expeditious adjudication of disputes. One such mode which has been evolved with considerable success in Lok Adalats wherein the parties are able to amicably resolve disputes pre-litigation as well as pending in the courts.

It is found that many times on account of poverty, illiteracy or social and economic disability, a large number of people were not able to approach the courts for legal redressal. With a view to enable such people to obtain relief, the courts have relaxed the normal rules of procedure and have permitted a voluntary organisation or social action group or even an individual social worker to move the court and obtain relief for such persons. This branch of litigation, known as Public Interest Litigation, has been particularly helpful   in  securing  justice to the weak, unorganised and exploited sections of society.