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Thursday, January 2, 2014

Independent Judiciary

The Constitution of India established an independent judiciary with powers of judicial review. The High Courts and the Supreme Court form a single integrated judicial structure with jurisdiction over all laws.-Union, State, Civil, Criminal or Constitutional.  Unlike the U.S., we do not have separate federal and State Court systems. The entire judiciary is one hierarchy of courts. It not only adjudicates disputes and acts as the custodian of individual rights and freedoms but may from time to time need to interpret the Constitution and review legislation to determine its vires vis-a-vis the Constitution. The word of the Supreme Court is the final law of the land. The Supreme Court also functions as the arbiter of any disputes in regard to jurisdiction and distribution of powers between the States or between the Union and the States.

Conclusion


The Constitution of India is a most comprehensive document. It is unique in many ways.  It cannot be fitted in any particular mould or model. It is a blend of the rigid and the flexible, federal and unitary and presidential and parliamentary. It attempts a balance between the fundamental right of the individual on the one hand and the socio-economic interests of the people and security of the States on the other. Also, it presents a via media between the principles of parliamentary sovereignty and judicial supremacy.

While many Constitutions of nations framed after the Second World War have floundered and gone into oblivion, our Constitution has successfully faced many crises and survived. This itself is evident of its resilience, dynamism and growth potential.
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